Archived
Under a Calif. Durable Power of Attorney, can I file (in person) or efile an appeal, completed and signed by the principal?
Alan's answer
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Answered on December 30, 2018
If you deliver the appeal to the court of appeal, will you be doing anything more than what an attorney service or delivery company would do? If...
Archived
What process do I go through to petition court in santa ana ca., to remove the executor of my wife's estate I'm a pre- trustee?
Alan's answer
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Answered on December 30, 2018
The Orange County probate panel is in departments 6 through 9 and 15 in Santa Ana.
You should have received notice of the probate hearings when...
Archived
If someone.has a beneficiary for.their life Insurance and has 3 living siblings can one sibling over rule
?
Alan's answer
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Answered on December 29, 2018
Short answer No. HOWEVER, the sibling could start a probate and petition to have the insurance proceeds become part of the estate. This is not...
Archived
How can we go about obtaining money left to our grandmother?
Alan's answer
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Answered on December 29, 2018
1. The power of attorney ended the moment grandmother died.
2. Mom and aunts MAY ha ed. been successor trustees.
3. Was this litigated or just...
Archived
Do I need to publish a notice to creditors if I have already contacted creditors by telephone ?
Alan's answer
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Answered on December 28, 2018
You need to give actual written notice to all known or reasonably ascertainable creditors.
Publishing notice in a local newspaper of general...
Archived
Statue of limitations on a probate property?
Handled by a professional probate law firm
Alan's answer
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Answered on December 28, 2018
The power of attorney ended the moment dad died.
Has the property been foreclosed upon? If not, the administrator could get a loan, payoff the...
Archived
How do I Compel Executor of my dad's Estate to Close Out the Estate so that my siblings and I can receive our 1/9 of the 1/7
Alan's answer
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Answered on December 28, 2018
Distribution should have been within 2 months after the final accounting was approved.
Has the order been signed? You can check this on the...
Archived
How do I find out if there is a probate or trust administration on a pension ?
Alan's answer
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Answered on December 27, 2018
Pensions are usually governed by federal law (ERISA) and the next person to receive payments, if any, is defined in the plan documents. If a spouse...
Archived
My question did this person have legal authority to stop my mothers mail from being forwarded to me.
Alan's answer
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Answered on December 27, 2018
You need a probate litigator today.
You should start the probate and include an action for elder abuse and to invalidate the will.
How can I severe all legal connection to all immediate family (parents and siblings)?
Alan's answer
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Answered on December 27, 2018
You need a complete estate plan. Will, power of attorney, Advance Health Care Directive, and, with minor children, a trust.
Also, in the common...
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