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I have two quick questions, first can a trustee who is also a beneficiary favor themselves, if they became trustee, via a
Alan's answer
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Answered on August 31, 2015
The trustee is a fiduciary. They have to be neutral. The gifts in lieu of fees should have been disclosed to every beneficiary. They really should...
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Hello, first post, LA, Ca. (Mosk) Probate Court How to establish if my extrinsic evidence and my affidavit created a trust?
Alan's answer
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Answered on August 30, 2015
I agree with the other attorneys.
You can check to see if the real property is in a trust. A real estate agent can do that quickly.
Archived
Three brothers jointly own several real estates property, can just one brother evicts a tenant without the other two to agree?
Alan's answer
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Answered on August 30, 2015
If you are on title, you cannot be evicted.
If you are not on title, you can be evicted like any other tenant.
Archived
My mother gave me a power of attorney for my youngest sibling to live with me; Is that document enough to be his legal guardian?
Alan's answer
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Answered on August 28, 2015
No. Only a court can grant guardianship
The POA may be of some help to show that you should become his guardian. The Ventura court will want an...
Can anAttorney file, tortious interference with expectancy of Inheritance before Grantor has died? ProbateCourt or civil court?
Alan's answer
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Answered on August 28, 2015
California does not yet recognize tortious interference with an inheritance.
However, ti sounds like elder abuse which could get your brother...
Archived
Under what law can a court make me sign a document to release records under a FOIA request in a probate matter? Is there a law
Alan's answer
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Answered on August 28, 2015
You are in litigation. This sounds like a discovery question. You need to have a litigator help you. Generally, if you do not answer the questions...
Archived
My mom and her sisters are going through probate what would happen if my mom passed during probate who would get her share?
Alan's answer
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Answered on August 28, 2015
It will pass according to your mother's estate plan. Will or Trust with pour over will.
If no will, then by intestacy. If married her spouse would...
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If an elderly person dies in CA and has no will, but does have adult children. Do they automatically get the estate?
Alan's answer
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Answered on August 27, 2015
The amount is $150,000 gross value with some exceptions for small estate. You wait 40 days after death and the spouse or nearest relatives...
What does in Probate notes 1.PE COMMENTS: Place O/C - Petition for final dist filed and set for hearing on 10/8/15
Alan's answer
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Answered on August 25, 2015
LA still uses abbreviations that were needed when probate notes were about 8 cases to a page and the bond company faxed them to the attorneys....
Situation of caretaker absence?
Alan's answer
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Answered on August 25, 2015
I read a situation, but I do not know what the question is.
A qualified near relative could become the caretaker of the child. Should apply to...
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