Questions answered by Alan Leigh Armstrong

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Does a Trustee get paid if the bankruptcy case is dismissed for fraud?

Alan's answer | Answered on November 10, 2016

You need an attorney today. The trustee will get paid and the trustee may go after property you thought was exempt.

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What happens to our condo in Ca.that our daughter lives in when both of us die?

Alan's answer | Answered on November 10, 2016

If you do nothing. California intestate succession law will govern what happens to your California real estate. If you do not do an estate plan, it...

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Are all court cost, attorney fees, filing fees and any other fees waived until the end of Probate in the state of California.

Alan's answer | Answered on November 10, 2016

You need a probate attorney today. Since brother is doing nothing, you need to become the administrator. Once someone is administrator, they have...

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How long is my automatic stay in a Ch 13 case filed within one year of receiving a Chapter 7 Discharge.

Alan's answer | Answered on November 09, 2016

You need an attorney to help you with the 13. It is hared enough to complete a 13 with an attorney.

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How do I petition to require a bond for a probate situation?

Alan's answer | Answered on November 09, 2016

You can file a withdrawal of the wavier of bond. Wiving the bond does not change the distribution. The bond only protects against grandfather...

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I want to open a probate estate. My father may have creditors that are minors. How do you serve minors?

Alan's answer | Answered on November 09, 2016

All the people mentioned in the will and the heirs will need notification. The Victim's restitution fund, FTB, and some other government...

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Hi I created a legal will for my mother it needs two witness to watch her sign the will she is very old and can not leave her ho

Alan's answer | Answered on November 09, 2016

You need two witnesses for the will. If an interested person is a witness they get no more than the share they would get by intestacy. Get an...

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What are the duties of an executor, when in charge of a revocable trust estate, after a parent dies, and what rights do i have?

Alan's answer | Answered on November 07, 2016

You need a trust attorney. You are entitled to information about the trust and annual accountings. As trustee, she needs to act wth fiduciary duty...

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Competence

Alan's answer | Answered on November 07, 2016

If she did not have capacity, the POA is void. However, how will anyone who sees the POA know that? Someone should become her conservator.

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How do they measure what being competent is??

Alan's answer | Answered on November 06, 2016

If she does not remember what she signed, she probably lacks capacity to sign. A Capacity declaration form completed by a physician or a...

Alan Leigh Armstrong's Answers (5963)

Does a Trustee get paid if the bankruptcy case is dismissed for fraud?

What happens to our condo in Ca.that our daughter lives in when both of us die?

Are all court cost, attorney fees, filing fees and any other fees waived until the end of Probate in the state of California.

How long is my automatic stay in a Ch 13 case filed within one year of receiving a Chapter 7 Discharge.

How do I petition to require a bond for a probate situation?

I want to open a probate estate. My father may have creditors that are minors. How do you serve minors?

Hi I created a legal will for my mother it needs two witness to watch her sign the will she is very old and can not leave her ho

What are the duties of an executor, when in charge of a revocable trust estate, after a parent dies, and what rights do i have?

Competence

How do they measure what being competent is??