Archived
My children and I were never notified as heirs in there grandmothers estate, as their father pre- deceased his mother.?
Alan's answer
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Answered on September 22, 2019
There is no form.
You need an attorney to prepare and file an objection to the First and Final Accounting. If you do not file it before the...
Archived
My Brother is incarcerated and is up for a parole hearing soon. I. Have P.O.A. but fear he will manipulate him to remove me?
Alan's answer
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Answered on September 22, 2019
Does your father have capacity? There can be years from the diagnosis to loss of capacity or their could be a very short period of time.
You will...
Archived
Death of Trustee
Alan's answer
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Answered on September 20, 2019
The document is not required. You can simply do a deed saying "Son 1 and Son 2 as successor trustee to dad as trustee of the dad trust do hereby...
Archived
Can a Trust continue a Probate process for a Deceased Intestate Spouse?
Alan's answer
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Answered on September 20, 2019
As long as wife has capacity, she can set up a trust. HOWEVER, the probate assets would be transferred to her only at the end of probate.
Better...
Archived
Does California recognize a beneficiary deed of title?
Alan's answer
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Answered on September 20, 2019
If the boat has CF numbers and the gross value of the decedents estate except for the boat or cars is less than $150,000. No probate. Just wait 40...
Archived
Priorities of debts on sister's California estate?
Alan's answer
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Answered on September 19, 2019
Debts are paid during probate.
When letters are issued, notice has to be given to all known or reasonably ascertainable creditors. The creditors...
Archived
Release of trust signed by judge
Alan's answer
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Answered on September 19, 2019
The Order Signed by the Judge should detail the terms of the trust as decided by the court. An attorney should be able to help you satisfy the...
Archived
My father inherited his mother’s estate while he was incarcerated . I need to know if it was given to him / how to find out
Alan's answer
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Answered on September 18, 2019
Your father's inheritance does not go to you just because he is in jail.
HOWEVER, if he owes restitution and there was a probate, his inheritance...
Archived
do I have any recourse. I lost my Probate Court trial and just found out I lost my appeal in civil court
Alan's answer
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Answered on September 18, 2019
You could petition the California Supreme Court to review the decision of the court of appeal. HOWEVER, absent an intervening California State...
Archived
Can life insurance company interplead a death benefit claim where widow is primary beneficiary but ex wife is disputing?
Alan's answer
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Answered on September 18, 2019
The insurance company does not want to pay X then have a court determine that Y should have got the money.
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