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...
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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...
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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...
Archived
What are the parameters and time constraints for appealing a conservatorship case?
Alan's answer
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Answered on August 25, 2015
1. You can file a petition to remove and replace the current conservator.
2. What would you gain by an appeal? You may have grounds (you need to...
Probate court appearance ORDER TO SHOW CAUSE - PROBATE(RE: ACCOUNTING AND/OR STATUS OFDISTRIBUTION) 8/28/15 also 9/29/15
Alan's answer
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Answered on August 25, 2015
If the court checks the file, it will pick up the hearing on the final accounting and take the OSC off calendar.
Check the court's web site.
If...
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In a court confirmed conservatorship probate sale does Notice of Sale going for court confirmation need to be published 3 times?
Alan's answer
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Answered on August 24, 2015
Usually you get an offer on the property, then get the hearing date and publish notice. The offer being accepted SUBJECT TO court confirmation. If...
Archived
My brother died intestate in CA. What is the division of assets to adult daughter and siblings in CA. Parents never married.
Alan's answer
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Answered on August 24, 2015
From Estate of Carter (2003) 111 cal App 4th 1139 Under California law, a child born out of wedlock is the decedent's heir even if there has been...
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