In California, if a married person has an individual bank account, is the beneficiary automatically the spouse?
Alan's answer
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Answered on April 07, 2017
No. If only H or W are on the account The account is presumed to be separate property. If H or W dies, the survivor gets ½ of the account (one...
Lost power of attorney
Alan's answer
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Answered on April 07, 2017
You may need some documentation that the POA has not been revoked or a certified copy. The attorney who drafted the original should be able to help.
Archived
What will happen next if my father passes before we get to court?
Alan's answer
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Answered on April 06, 2017
You need an attorney to represent your interests.
Irrespective of what happens to your father, the GAL will file a report and the court will take...
Archived
Can executor sell estate/home without notifying beneficiaries even if one beneficiary still lives there
Alan's answer
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Answered on April 06, 2017
You need an attorney today.
You need to file a request for Special Notice.
The executor may have the power to sell the real property. BUT, escrow...
Archived
Who is entitled to my fathers 401k?
Alan's answer
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Answered on April 05, 2017
I have had success where the girl friend was designated but could not be found even after searching. The son even went to the bar where his father...
Archived
Can I use 1 notice of proposed action to redeem 2 different mutual funds
Alan's answer
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Answered on April 05, 2017
I would do two separate notices. No reason why you could not put them in the same envelope.
There is not enough space on the form to spell out...
Archived
Power of Attorney
Alan's answer
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Answered on April 03, 2017
Does he still have capacity? If not, he cannot sign a power of attorney and you will need to become his conservator.
Also, if he wanders, he may...
Archived
Probate question- what happens when an heir dies before probate finishes?
Alan's answer
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Answered on April 02, 2017
Your stepmother survived your father long enough to be entitled to her share of your father's estate.
Did stepmother have a will? Did she have...
Archived
Can I sue executor who committed elder abuse and mishandled sale of house?
Alan's answer
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Answered on April 02, 2017
Did mom reside in California when she died? What does the death certificate say?
Probate would be in the county where mom died. HOWEVER, the elder...
Archived
How do I go about being the power of attorney for my mom?
Alan's answer
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Answered on April 01, 2017
1. Administer grandma's estate. Either probate or with trust administration. You will need help with this and your aunts would have priority over...
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