Archived
Childs father has custody of my kids due to CPS case I lost to. If he passes away,will his wife have automatic rights to kids?
Alan's answer
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Answered on April 11, 2018
How old are the children? The court may listen to their desires.
If the children are in high school, the court will be hesitant to have them...
Archived
How do we transfer my deceased my-in-law's property into my name? Do we still need to go through probate? Who do we call?
Alan's answer
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Answered on April 10, 2018
Make an estimate of what the real property would sell for.No need to pay for an appraisal. It is probably well over $150,000.
If so, you will...
Can I have the power of attorney over someone revoked and given to someone else in the best interest of the person in question?
Alan's answer
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Answered on April 10, 2018
Are you the agent under an Advance Health Care Directive? That is different than a POA. The agent under an Advance Health Care Directive has the...
Can a wife override a power of attorney?
Alan's answer
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Answered on April 07, 2018
The only way to "override" a void POA is for you to become his conservator.
However, if bills are paid on line, anyone who has access to his...
Can my brother who has power POA do a living trust without my mothers signature or notary
Alan's answer
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Answered on April 06, 2018
If there is no trust, my POAs will allow the agent to create a trust BUT it will allow the will.
If they have a trust, my POA gives the agent the...
Is a capacity declaration required for conservatorship?
Alan's answer
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Answered on April 06, 2018
Los Angeles generally demands a capacity declaration.
However, in this case, I think the court will go with the probate investigator's report.
Of...
Archived
I think my father gave my inheritance to my sistser
Alan's answer
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Answered on April 06, 2018
Whose death? If your mother's, did she have a will or trust? If not, then your father would receive all the community property and one-third of any...
Archived
How do I decide to move divorce case from the county filed to the county we live in for the last 8 months advantages ?
Alan's answer
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Answered on April 04, 2018
Unless excused, you need to show up at the Mandatory Settlement Conference.
The judge will be very unhappy if you do not show up and may sanction...
Archived
How do I become executor of my son’s estate? And how to I obtain an estate number?
Alan's answer
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Answered on April 04, 2018
How large is the IRA and any other assets? If less than $150,000 gross value, a Small Estate Affidavit should work.
If larger than $150,000; you...
Archived
If an executor fails to distribute a wills contents within a 30 day deadline, are they in default and what can beneficiaries do?
Alan's answer
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Answered on April 04, 2018
No it does not.
It sounds like your father did his own estate plan.
There is no executor until a court appoints one.
Most attorney prepared...
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