Archived
Do i have any rights, as far as obtaining copies documentation; if my dad died and made my aunt executor and sole beneficiary?
Alan's answer
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Answered on July 27, 2016
Did you father own real property? If so there will be a probate or a trust.
If Aunt does not start the probate, you can.
You will need notice of...
Archived
Is a signed domestic partnership legal if both parties do not reside in the same household?
Alan's answer
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Answered on July 26, 2016
Your brother and his girl friend can not be in a California Domestic Partnership. They do not meet the requirements. Family Code section 297 says...
Archived
Can a financial advisor go to an attorney that he works with and put a power of attorney paper work together .
Alan's answer
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Answered on July 26, 2016
Does your brother have capacity?
If so, he can sign a Power of Attorney. Have a durable POA prepared by an estate planning attorney. If your...
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Who is an interested person on a probate conservatorship matter? Is it a family member?
Alan's answer
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Answered on July 26, 2016
Notice has to be given to all relatives within the second degree (children, grandchildren, parents, grandparents, brothers and sisters). They are...
Archived
How do I administer from CA an out-of-state will that names my 10-year-old son as a beneficiary?
Alan's answer
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Answered on July 25, 2016
Where are your mother's assets located? If she owned real property in the other state, you will have to do a probate in the other state Was your...
Archived
How do I dismiss my fa's court appointed attorney who has false intentions and plans to file a petition to remove me as trustee?
Alan's answer
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Answered on July 25, 2016
1. Unless you are your father's conservator and have dementia powers, you do not have authority to place him in a secure perimeter place. If he...
Archived
Is there a time limit in Los Angeles County for starting the process of executing a will?
Alan's answer
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Answered on July 25, 2016
While there is no time limit (One probate in Orange County did not end until 80 years after it started.), if you wait too long an heir will die and...
Archived
Can form interrogs and rfas be used in probate cases such as etitons for conservatorships?
Alan's answer
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Answered on July 24, 2016
I use them with regularity in contested probate matters.
In some probate cases, they do not fit the situation.
Archived
Do i have any legal stand regarding my dads house? He died in 2006.
Alan's answer
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Answered on July 24, 2016
You will need a probate attorney, probably someone familiar with unlawful detainer law.
1. Check title to the house to make sure GF is not on...
Archived
When spouse dies, only asset is ins. policy w/ me beneficiary & she has no Trust, can the ins. co. refuse to let me chg.
Alan's answer
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Answered on July 24, 2016
I presume this is a whole life policy or similar (cash value).
If the cash value is less than $150,000 you should be able to sue the small estate...
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