Archived
Is the estate of a deceased spouse or surviving children entitled to any stepped-up basis of a CA property separately acquired?
Alan's answer
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Answered on October 13, 2016
The general rule is that: The basis is the value that would be listed in the decedent's estate tax return (even if one is not needed), That would...
Archived
Can I write my own real estate offer without a real estate agent in California?
Alan's answer
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Answered on October 12, 2016
You do not need to be a licensed real estate broker or agent to buy or sell real property on your own behalf.
I would be careful about a...
Archived
Do I have to respond to a late Creditor Claim for a public entity after Order of Distribution & over a yr since decedent death?
Alan's answer
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Answered on October 12, 2016
You need an attorney to help you.
1. Since there is an abstract of judgment, the claim may one that is "known or reasonable ascertainable." If so,...
Archived
I'm filing a conservatorship because my mother has dementia and cannot live alone anymore. Can I request powers to sell?
Alan's answer
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Answered on October 12, 2016
1. You can ask for powers of sale in the petition. The sale will require court confirmation.
2. The code says the conservator or other interested...
My spouse just had a massive stroke he wants me to be poa can i file a devorce for him ...and he doesnt know where she is
Alan's answer
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Answered on October 12, 2016
1. Talk to a Family Law Attorney.
2. You may need to be named Guardian ad Litem for your partner.
3. If you know her SSN. A bill collector or...
Archived
My husband brought a house I'm the legal spouse my name is not on the deed. My spouse in now deceased. What happen to the house?
Alan's answer
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Answered on October 10, 2016
You need to contact a local probate attorney now.
Provide that attorney with a copy of the deed to the house, the date of your marriage, whether...
My father made a will. He later crossed out the executor's name and wrote a new one in. Who is the executor?
Alan's answer
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Answered on October 10, 2016
Brother should be the executor. Best for brother and aunt to agree.
Often a problem when changes are made to the original will.
Better to do the...
Archived
How do I revoke the first named person on a POA?
Alan's answer
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Answered on October 10, 2016
1. The POA expired when Uncle died.
2. If partner lacks capacity, the next trustee in line takes over. The trust may contain instructions abut...
Archived
Can I prevent my ex wife from moving to Canada from USA with my autistic adult daughter
Alan's answer
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Answered on October 09, 2016
The California proceeding would be to appoint you as a Limited Conservator of your daughter.
She needs to have received services from Regional...
Archived
How do we legally do a buy out and change ownership of a home?
Alan's answer
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Answered on October 08, 2016
IN addition to the other answers.
1. son's income tax basis in the home will be the same as mom's if he takes title before she dies.
2. Be sure...
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