Archived
How how can the administrator get into the bank accounts before he was appointed administrator with letters?
Alan's answer
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Answered on February 10, 2019
1. The proposed administrator should have gone in the house to look for a will and to secure any easily taken property (cash and similar).
2. The...
Archived
Can can I file a 2156 in the Appellate Court?
Alan's answer
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Answered on February 10, 2019
Probate code § 6402.5 controls. There is currently no probate code sections 228 and 229, There is online a 1937 UC Berkley law review article...
Can a family member enter a deceased relative's home to collect financial information before an estate has been filed?
Alan's answer
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Answered on February 10, 2019
You are going to know if she had or did not have a will and an estimate of the size of her estate.
You will also want to turn the telephone and...
Archived
Is it possible to inherit medical, credit card bills, taxes or car loans when a parent passes away?
Alan's answer
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Answered on February 10, 2019
You are liable only to the extent you inherit.
Also, creditors have a short time after a person dies to file a lawsuit against the estate.
It no...
What to do with deceased parent's credit card debt?
Alan's answer
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Answered on February 09, 2019
The trust is irrevocable now. Was it irrevocable before your mother got the credit card debt? If the trust became irrevocable only when mom died,...
Archived
Can a probate go on without my moms husband(my mother has passed and this is her estate?
Alan's answer
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Answered on February 09, 2019
What document does he need to sign? Unless you are selling real property that is partly his, only the executor needs to sign documents. Everyone...
Archived
What is the easiest way you can change a will without having to rewrite it?
Alan's answer
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Answered on February 09, 2019
Mom can write a codicil. It should state things like clause 3.2 is replaced with the following: Mary Smith is nominated as executor and if she...
Archived
The witnesses for your last will and testament in a revocable living trust.
Alan's answer
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Answered on February 08, 2019
If the will is self proving under California law, you do not need to find the witnesses unless there is a will contest. That is the witnesses sign,...
Archived
Do do I sue my sister in a civil case or do I start a probate matter or do I petition the court what can I do?
Alan's answer
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Answered on February 08, 2019
How much is the mobile home worth? They usually have little value and transfer outside of probate.
Did sister who claims title actually give...
Archived
Can a spokesman or with power of attorney of an elder deny family visitation ?
Alan's answer
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Answered on February 07, 2019
Generally no. I have yet to see an Advance Health Care Directive that gives such power.
Is the facility a locked facility? Did Uncle voluntarily...
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