Archived
Can I still walk away from an inherited mortgage if I've already had my petition for succession of real property granted ?
Alan's answer
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Answered on April 06, 2016
You can disclaim. Then the property would be distributed as if you died before your mother.
If there is some equity in the home, you can sell it...
IN CALIFORNIA , CAN A CONSERVATOR RENT OUT THE PRIMARY RESIDENCE OF THE CONSERVATEE AFTER THE DEATH . PURSUANT TO PROBATE CODE
Alan's answer
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Answered on April 06, 2016
Sister should have reported the death to the court within a few days after she got the death certificate.
The final accounting is due 30 days...
What should I expect at the hearing and do I need to do anything ahead of time?
Alan's answer
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Answered on April 04, 2016
The first hearing is to open the probate.
If they have done everything right, it will be RFA-recommended for approval. The clerk will read the...
Archived
My brother passed away he had no children or spouse our father passed but my Mom is alive I understand that all his assets got t
Alan's answer
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Answered on April 04, 2016
How large is the estate? If the gross value is under $150,000 mom can wait 40 days after date of death and do a Small Estate Affidavit.
If over...
Archived
If I pay for a probate court fees and publication - When can I get reimbursed?
Alan's answer
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Answered on April 04, 2016
Usually check 001 is to the person who paid the filing and publication fees.
Check 002 is often to the probate referee.
Archived
Any suggestions for what to include on the petition? Is there a specific code or law to reference? Thanks.
Alan's answer
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Answered on April 03, 2016
Federal law prohibits the bank from exercising the due on sale clause in your case.
However, you do need to analyze your financial situation and...
What happens if I file estate tax return late?
Alan's answer
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Answered on April 02, 2016
I have trouble with an estate over $5 million having about $15,140 in annual income. If the home were valued at $3million, the $2 million left over...
Archived
If a probate attorney asked to withhold $20k to prepare a simple estate return, then refuses to distribute the funds until the I
Alan's answer
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Answered on April 02, 2016
1. An estate tax return is seldom simple. With an estate needing to be worth more than $5 million to pay estate taxes, there is usually has to...
Archived
Need Power of Attorney form.
Alan's answer
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Answered on April 01, 2016
If your spouse has the capacity to sign the informed consent for the medical treatment, the spouse should have the capacity to sign a POA.
A...
Archived
Do i have to received a closing document if the case is close?
Alan's answer
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Answered on April 01, 2016
Until the property is distributed and the receipts on distribution are filed with the court, along with the ex-parte application and order, the...
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