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I am on just medical in CA . I will be getting mom's condo & selling it when she passes. Will medical take the money?
Alan's answer
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Answered on June 09, 2019
Mom needs to revise her estate plan so the condo (and the proceeds from the sale) go into a Special Needs Trust not to you. I]The SNT can provide...
Archived
Form and tolled statute of limitations
Alan's answer
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Answered on June 09, 2019
There are a couple of ways the statute of limitations t be tolled. The most common is for the defendant to be out of the country.
You are going to...
Archived
Executor lied about vacant land having no value and being unusable I have evidence stating other wise
?
Alan's answer
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Answered on June 08, 2019
1. The probate referee had the duty to value the property as of the date the decedent died, not the executor.
2. You time to contest the value...
Archived
My husband is in incarcerated and they are trying to give his car away is there any thing we can do
Alan's answer
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Answered on June 08, 2019
It was a gift. Once title was transferred into your husband's name it became his. You do have it in your possession?
IF uncle lacked capacity...
Archived
Judgment collection laws and chapter 7
Alan's answer
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Answered on June 08, 2019
To add to the other answers, if you have equity in your home beyond the homestead exemption, a judgment creditor could force its sale. It is...
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Archived
Recorded the property as community property, want to transfer to family trust
Alan's answer
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Answered on June 07, 2019
No. Federal law prohibits a lender enforcing a due on sale clause when a home is transferred to a revocable living trust.
The attorney who wrote...
If a beneficiary dies before settlor, does his share revert to the trust?
Alan's answer
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Answered on June 07, 2019
You need to read the trust. If this was prepared by an estate planning attorney, based on your stating that brother gets share of all beneficiaries...
Archived
How do I get money from a trust that was my sisters and she passed away?
Alan's answer
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Answered on June 07, 2019
If the court was involved, either there was litigation over the trust or the Special Needs Trust was approved by the court and is under court...
Archived
Ex moved a year ago to a different county with our two kids. Which county do I file in? The county the kids live in or mine?
Alan's answer
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Answered on June 07, 2019
I have moved this to family law.
The court that handled the divorce probably retained jurisdiction over the child visitation matter.
The child...
Archived
Does a pre-nuptial agreement that specifically outlines terms for separate property upon death supersede intestate succession?
Alan's answer
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Answered on June 07, 2019
The pre-nuptial will probably supersede the spouse's intestate rights.
HOWEVER, it may lead to litigation. Even if your spouse would not litigate,...
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