Can I ask opposing party for attorney fees in probate court? (If court finds out that there in fact is no assets/estate)
Alan's answer
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Answered on April 22, 2020
No. Because the divorce was not completed, your mother was still married and the husband has priority. However, you may have a case to have a...
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My mother died without a will and was married 40 years?
Alan's answer
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Answered on April 21, 2020
Did she ACTUALLY give you the ring and did she have capacity when she gave it to you? If so, it should be yours.
If she just told you she was...
Archived
My Father past away, had all property willed only to his siblings, his second wife is disputing the will. Does she have a case?
Alan's answer
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Answered on April 21, 2020
If wife's name appears in the will, or she is provided for outside of the will, she gets her half of community property and whatever else the will...
How do I file for an ex parte emergency hearing if the courthouse is closed?
Alan's answer
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Answered on April 18, 2020
There is probably a dropbox to deposit the papers in. You need the help of a local attorney who knows how to do an ex-parte. You should be able to...
In my Trust, can I leave a life estate to my child and then a partial remainder interest to them as well?
Alan's answer
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Answered on April 18, 2020
To add to the other answers.
1. The trustee needs to be able to sell the property if necessary. It is a pain to sell property when someone has a...
Can I contest a trust?
Alan's answer
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Answered on April 16, 2020
1. You are entitled to a copy of the trust, a notice that you have 120 days to contest the trust, and an annual accounting.
2. There are lots of...
During Probate litigation, can I subpoena the settlors attorney for information that is not priveleged?
Alan's answer
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Answered on April 14, 2020
To get information from a non-party you have to either serve a Subpoena duces tecum or take their deposition and ask them to show up with...
Can I sue my mothers estate planning attorney?
Alan's answer
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Answered on April 14, 2020
Maybe. Why didn't the new attorney simply restate the old trust? Same name, new contents. That avoids the problem of moving the real property from...
Do I have to pay for an estranged parents cremation?
Alan's answer
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Answered on April 13, 2020
Unless you signed a contract, you do not have to pay.
His estate may have to pay.
You and your sister can use a small estate affidavit to get...
Question too long, will elaborate down below. Probate related
Alan's answer
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Answered on April 11, 2020
The court order finding the trust invalid should specify what happens.
However, if the trust was found invalid because of the incapacity of the...
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