Archived
Are bond waivers required of beneficiaries who are expected to receive nothing (due to contingencies written in the Will)
Alan's answer
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Answered on August 25, 2019
If you are the sole heir AND have lived long enough (72 hours or a longer time specified in the will) so that you (or your estate) will inherit,...
Archived
Can a Adminstrator be fired if there not communicating with heirs of the estate
Alan's answer
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Answered on August 25, 2019
Step one is to get an attorney.
Step two is to file a Request for Special Notice.
When an offer on the home is accepted, all heirs will be sent a...
Archived
Can a trustor write off the the property "held in trust" as a donation?
Alan's answer
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Answered on August 24, 2019
The truster/settlor of a revocable trust can donate the trust's interest in real or personal property or gift it to anyone.
What does "the balance shall be distributed to the estate of someone, then deceased" mean?
Alan's answer
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Answered on August 24, 2019
No. It means to the probate estate of the decedent. Then it would be distributed according to the "person then deceased" estate plan.
Archived
How is someone declared incapacitated?
Alan's answer
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Answered on August 24, 2019
With the exception of mental health holds-which can become conservatorships, it requires a probate court to determine the person is in need of a...
Archived
Considering filing chapter 7 bankruptcy. Few years ago put my home in a trust I made leaving to my long-term girlfriend. Effect?
Alan's answer
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Answered on August 23, 2019
The only effect the trust has is that the trustee will want a copy of it.
Archived
Why ?
Alan's answer
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Answered on August 23, 2019
Part of the procedure at the end of the chapter 13 bankruptcy is to file a motion to have the court declare the mortgage up to date. That way, if...
Is there recourse if a living trust is being abused by a still-living trustee?
Alan's answer
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Answered on August 23, 2019
It is time to contact APS on behalf of grandfather.
Also, mom needs an attorney and probably should become conservator of grandfather.
Archived
What's "competent spouse" as opposed to "spouse" entailing in Cal.Prob.Code [7100]? Does it include domestic partner, herein?
Alan's answer
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Answered on August 23, 2019
It is Health & Safety Code 7100.
If the spouse (or child) lacks capacity (is incompetent) they cannot make decisions for themselves, let alone...
Archived
I have lived with my grandmother for about 4 years, I’m not in the lease. She has passed away. 2 weeks to vacate the apt?
Alan's answer
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Answered on August 23, 2019
The landlord has to give you a Notice to Quit. There are 3 general types of notice. First, a 30 or 60 day notice when you have been a tenant....
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