Archived
Can my brother as my grandpa's POA sue me for spending my grandpa's money as I was caretaker & used it for his medical needs?
Alan's answer
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Answered on November 18, 2018
The POA ended the moment granddad died.
As court appointed personal representative, he could sue to recover any misspent money.
You should...
Archived
Can I (executor) give my children part of my inheritance when my mother passes away without it being a taxable event?
Alan's answer
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Answered on November 18, 2018
To add to the answers above. if you are married, you and your spouse can join in the gift and give $30,000 to anyone.
If you are gifting real...
Can I use someone’s past expunged criminal record for discovery in my filed petition for instructions lawsuit?
Alan's answer
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Answered on November 18, 2018
You always ask about felony convictions. That is a form interrogatory question. Just check the box.
I have heard of states where an expunged...
Archived
At which point, during the execution of a power of attorney would spouse be compelled to notify the other about it, if any?
Alan's answer
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Answered on November 18, 2018
Usually the couples entire estate plan is executed together and the first agents, executors, etc. are each other.
If one spouse wants to keep the...
Can a POA go against the wishes of the principal for example loaning the car he owns and pays insurance for?
Alan's answer
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Answered on November 18, 2018
The agent under the POA has to act in the best interests of the principal and within the scope of the POA itself.
If there is ANY reason why the...
Archived
Is there chance she will win the case? how should I prepare myself?
Alan's answer
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Answered on November 17, 2018
Have you started the probate? Hire an attorney to handle things.
There is always a chance. The longer ago the will was signed the better. Multiple...
Archived
We have been in probate in california for 2 1/2 years and today our attorney said they have to withdraw what do I do ?
Alan's answer
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Answered on November 17, 2018
Find another attorney.
Two and a half years is a long time for a probate unless there is litigation or another reason to continue it. Why is the...
Archived
Can a Notice to Beneficiaries pursuant to Probate Code 16061.7 confer standing?
Alan's answer
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Answered on November 17, 2018
Petitioning to void a trust is complicated. The two most common problems are.
1. Filing in civil court instead of probate court.
2. Asking for an...
Archived
What kind of action is this?
Alan's answer
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Answered on November 17, 2018
The deed to the house is irrelevant. It is recorded. Anyone can get a copy from the Recorder's office.
Did she take the will or a trust? That is...
Archived
What will happen to the sister that came to my fahers house and took paperwork out after he passed away while surviving family ?
Alan's answer
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Answered on November 17, 2018
Someone needs to start the probate.
Is there a will? If you cannot find it, did sister take it?
Then, in addition to the probate, you would...
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