Archived
If an elderly person who has never been declared mentally incapable have to take a mental capacity test to revoke the POA
Alan's answer
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Answered on July 27, 2016
No. It is presumed you have capacity until a court declares you lack capacity. There are 60 year olds who lack capacity and 90 year olds who do...
Archived
Should I contact police regarding a threatening and demanding letter?
Alan's answer
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Answered on July 27, 2016
1. Contact Adult Protective Services about this.
2. Hire an attorney to begin conservatorship proceedings. You may want a private professional to...
Archived
If I seek to become the conservator of the estate and am already of the Person do I need to post a bond or can this
Alan's answer
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Answered on July 27, 2016
A bond is always required in a conservatorship of the estate. It is to be 110% of the amount of money that the conservator could steal in a...
Probate - How long does it take to get a "special administrator" appointed versus an "administrator"?
Alan's answer
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Answered on July 27, 2016
You can get a special administrator appointed in a couple of days. You need an attorney who regularly does ex-parte work in the county where the...
Archived
Getting money from property sold - Questions about Will
Alan's answer
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Answered on July 27, 2016
I am surprised the title or escrow company did not require your aunt to send out "Notice of Proposed Action." before the escrow closed.
You need a...
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...
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