Archived
IIf a will has not been filed with the courts after 60 days is the executor in breach of their obligations
Alan's answer
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Answered on November 10, 2019
There is NO executor until the court appoints one.
The will should have been filed within 60 days. But, the remedy is to file a petition to order...
How can we stop my sister from contesting my mother's will after she dies?
Alan's answer
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Answered on November 09, 2019
Mom needs to see an estate planning attorney.
That attorney will kick all of you out of the room (perhaps out of the office) and find out what mom...
Archived
Can I ask the judge to dismiss the opposing party's alleged will?.
Alan's answer
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Answered on November 08, 2019
No. See probate Code 8226. The clock does not start running until a petition for probate is granted.
You will need to prove that 1. Your will is...
Archived
Are there distinctions between Nevada, Delaware and or California secret "Blind Living Trust"?
Alan's answer
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Answered on November 07, 2019
An additional point. If it is California real property and is rented/leased, the entity will need to be qualified to do business in California in...
Archived
Does bankruptcy affect paid off house?
Alan's answer
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Answered on November 07, 2019
To add to the other answers. While a 50% interest in a single-family home would not sell for half of the whole value of the home, the bankruptcy...
Archived
Do I have rights to coroner's report of my husband if we were married and never filed a liscence in CA
Alan's answer
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Answered on November 05, 2019
You should have obtained a license before the ceremony. After the ceremony, the officiant had the duty to file it with the appropriate county...
Archived
Can I purchase a primary residence after paying off chapter 13?
Alan's answer
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Answered on November 05, 2019
I would wait until I actually got the discharge.
Waiting a while longer until the case is closed would be better.
Can the date a living trust was notarized be used as the date of the trust? The trust is not dated.
Alan's answer
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Answered on November 04, 2019
Use the date it was notarized. While you can sign a document then later appear in front of the notary to get an acknowledgment, most people sign in...
Do I need to file/execute an Affidavit of Successor trustee?
Alan's answer
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Answered on November 04, 2019
No, you do not need to file an Affidavit of Successor Trustee.
You should hire an attorney to help you with the trust administration. You will...
Archived
Can a savings account be seized for a debt I owe if a death beneficiary is named on the account?
Alan's answer
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Answered on November 04, 2019
Until you die, it is your money and not the beneficiary's money. If your creditor has a judgment against you, that creditor can get a writ and have...
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