Archived
Spousal petition be approved as deceased pourover will not naming daughter & living spouse named as beneficiary & executor?
Alan's answer
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Answered on December 22, 2018
It is time for an attorney.
You say the 120 days are up? That time is for a trust and begins when the Probate code 16061.7 notice is mailed, not...
Archived
Freezing assets?
Alan's answer
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Answered on December 22, 2018
Did the court grant the conservatorship? If so, mother no longer has the capacity to get a loan.
It is the conservator's job to take charge of...
Archived
Do I have any rights?
Alan's answer
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Answered on December 22, 2018
Will the house have to be sold or can you afford the payments on a loan so, if you get the house, the equity is equal to the cash your brother will...
Archived
Will I lose my section 8 when I get my inheritance?
Alan's answer
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Answered on December 22, 2018
Maybe. It is going to depend on how much money you get. How much do you think the net proceeds from the house will be. With elderly people, the...
Archived
Can a fiduciary relationship be established between a brother and sister?
Alan's answer
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Answered on December 22, 2018
Yes. One becomes the agent under a power of attorney for the other. One becomes the trustee of a trust for the other. Anytime one person is making...
What is the procedure to demand a jury trial in a Probate petition?
Alan's answer
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Answered on December 21, 2018
You can get a jury in conservatorships but that is about it.
Perhaps you can get the case into civil.
You need an experienced probate litigator.
Archived
I need to switch a power of attorney for my father from my sister to me, how do I do that?
Alan's answer
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Answered on December 21, 2018
If you are listed on the power of attorney as successor to your sister, she just needs to write that she can no longer act as your father's...
Archived
How do I get the house I live in, that belonged to my parents into my name. They died without wills. California.
Alan's answer
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Answered on December 21, 2018
You will need to go to probate court. If the home is worth more than $150,000 you will need to do a regular probate. If less than $150,000, there...
My niece has obtained a power of attorney regarding my mother's care she got my mom in a mental health facility with a no calls
Alan's answer
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Answered on December 20, 2018
1. A POA does not give sister the power to place mother in any facility without mother's permission. It is called false imprisonment.
2. You need...
Archived
Can executor legally do this?
Alan's answer
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Answered on December 20, 2018
1. With no will, the cousin is the administrator not the executor.
2. Once the property is distributed, it is the recipient's property. They can...
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