Archived
Upon our death, will our investments with designated beneficiaries (over $150 T) be subject to probate?
Alan's answer
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Answered on March 31, 2016
If the accounts are POD (Pay on Death) or TOD (transfer on Death) AND the named person or persons are alive, they should be able to get the account...
Archived
House in foreclosure no will no probate.
Alan's answer
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Answered on March 30, 2016
The due on sale clause DOES NOT APPLY when the spouse or children are the new owners.
You need to file a Spousal Property Petition for mom and...
How can I sell a deceased person's vehicle in California in a hardship situation? Are letters of testamentary necessary?
Alan's answer
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Answered on March 30, 2016
The $150,000 includes the fair market value of the house, not just the equity. Unless the house is a small condo, it is worth more than...
Archived
Is the PR correct ? If not, can you please provide a probate code or a case law that I can use to rebut his claim.
Alan's answer
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Answered on March 29, 2016
Unless you and the PR or the decedent had an agreement, the PR is right not to pay you the cost of a new plot.
Without an agreement, you...
Archived
how long do we have to give before she forfeits her portion of the inheritance?
Alan's answer
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Answered on March 29, 2016
No matter what she does, she does not forfeit her share.
What liability is she releasing? If she is unwilling to waive the 120 days from the...
Archived
What do I need to do to protect my rights and assets as the surviving spouse?
Alan's answer
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Answered on March 29, 2016
You need to consult an attorney and carefully go over the trust, the daughter's release, and the how other property is held.
The daughter (and...
Archived
When a Durable power of attorney document is created in WA. State but used in California at a Probate case...Years later after f
Alan's answer
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Answered on March 27, 2016
Uncertain what the question is. As others have said, the POA ended when he principal died.
Was property transferred BEFORE the principal died...
Archived
What form do I need
Alan's answer
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Answered on March 26, 2016
You need to have someone whom you trust to check on you if you become incapacitate. That person should be able to get into your apartment.
Do...
Archived
What is the distinction between "amended creditor's claim" and an "amendment to creditor's claim" in Probate cases?
Alan's answer
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Answered on March 24, 2016
Just a difference in name. Like tire or tyre. No difference in what you do with them.
Archived
Name For Written Pre-Hearing "Rebuttal" To A Filed Answer By Respondent/Objector In Probate
Alan's answer
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Answered on March 23, 2016
I would call it "Reply to Objection of…"
California rule of Court 8.1113 gives the requirements. subsection (d) says "no reply or closing...
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