Archived
What kind of lawyer does my mom need to hire to help reverse her decision to cash out on her pension?
Alan's answer
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Answered on August 01, 2016
You need an attorney knowledgable about investment fraud.
There is probably a number of fraud cases against the "financial advisor,." I would find...
Archived
Can moms brother take her off thier parents will
Alan's answer
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Answered on August 01, 2016
Are parents still alive? Do they have capacity? The POA may give the agent some power over the estate plan. If my client does not need a trust, I...
Archived
Do I have to keep my pro bate case open along with my litigation? Or am I able to close out my pro bate?
Alan's answer
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Answered on August 01, 2016
If you get any money out of the case against your mother, it will be an asset of your father's estate and will have to go through probate.
You can...
Archived
Who can file the petition for separation FL-100 in a probate proceeding, can the Conservator of the Person do this?
Alan's answer
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Answered on August 01, 2016
The conservator needs to be conservator of the person and estate. The conservator should also have the power to deal with the marriage specified in...
Archived
How is or who pays the attorney in a conservator case? Is the attorney paid from the estate ?
Alan's answer
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Answered on July 31, 2016
The estate of the conservatee pays the attorney fees and costs of the conservator and the fees for his or her own attorney. They are subject to...
Archived
After an estate is closed, How hard is it to get a hearing for intentionally left out heirs 19 YEARS LATER
Alan's answer
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Answered on July 31, 2016
How big an estate was there? If gross value less than $150,000 now and either $60,000 or $100,000 19 years ago (I do not remember exactly when the...
Archived
In a Probate Trial does CRC Rule 3.1700 apply to Prejudgment Costs and the requirement to file & serve a Memorandum of Costs?
Alan's answer
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Answered on July 31, 2016
Unless modified by the Probate Code or a CRC applicable to trial in probate, the CRC will apply.
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Archived
Is it possible to stipulate that a will made can be the last one and disallow any new will in the future? Please help
Alan's answer
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Answered on July 30, 2016
There is only one way to do this directly-and it has some problems. There are a couple of ways to do this indirectly.
1. An Irrevocable trust. It...
Archived
My daughter has a car lease her in CA and has passed away. can the car company come after me, her mother.
Alan's answer
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Answered on July 29, 2016
Call the lease company and tell them what happened and ask what they want to do. Be sure any of your daughter's belongings are out of the car.
Thy...
Archived
What form do I file for succession of real property for my deceased father. Do I file as if I was him and just not sign?
Alan's answer
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Answered on July 28, 2016
Unless the house is way out near Edwards, it is worth more than $150,000 and you will need to do 2 probates.
You can have an attorney help you....
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