Archived
How missing estate document could affect probate conservatorship case, as my brother took an 2nd amendment & I cant find it?
Alan's answer
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Answered on October 27, 2016
You need to take everything you have to an attorney and explain what you know.
Did your father have capacity when he signed the 3rd...
Archived
I want to know if there is no will, no children and no spouse, if the siblings are the beneficiaries and if one sibling takes o
Alan's answer
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Answered on October 26, 2016
With no children or spouse and no predeceased spouse, the property goes to the parents or the descendants of parents (that is you, your brother,...
Archived
Can I appeal,a Notice To Vacate,"Writ of Possession of Real Property?"
Alan's answer
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Answered on October 26, 2016
If sister is successor trustee, she has the power to manage the trust. That includes selling the real property. If she has a court issued "Writ of...
Archived
Can my uncle keep the property taxes at time of death or will there be a new assessment? How will this property be reassessed?
Alan's answer
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Answered on October 25, 2016
1. The property tax stays the same for transfers from parent to child or child t parent. Uncle buying it gets property tax reassessment based on...
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My husband refuses to make a will or a trust. What will happens if he dies? I have one biological son with my husband.
Alan's answer
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Answered on October 25, 2016
Without a will, his estate will pass by intestacy.
In California that means you get all the community property and ½ of his separate property. The...
Archived
Inheritance during a Chapter 13 Repayment
Alan's answer
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Answered on October 24, 2016
Also have Father in law get an estate planning attorney to modify his estate plan.
Some will do hospital visits.
As long as father in law has...
Archived
Can my uncle disinherit his son? He is not married but has been living with a woman for years.
Alan's answer
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Answered on October 24, 2016
Yes. If the person has capacity, they can do what they want. e.g. My children are John and Mary. I leave my entire estate to the Jefferson State...
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Archived
What happens if an Ex Parte for final distribution is never filed by the Executor? Does probate remain open forever?
Alan's answer
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Answered on October 24, 2016
Strange. Get an attorney to help you. You may be able to simply record a certified copy of the order of final distribution.
In LA and OC, if the...
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Probate - Reimbursement for out of pocket expenses/costs by Personal Representative and Heir.
Alan's answer
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Answered on October 24, 2016
Often the first or second check written is to reimburse the PR for the filing fee. The next one to reimburse whoever paid the funeral expenses....
Archived
How can trustee be revoved in a revocable trust with 3 living setlors?
Alan's answer
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Answered on October 24, 2016
Does the trustee/settlor still have capacity? If not, then you may want to begin a conservatorship. If the trustee/settlor has capacity, you may...
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