Archived
My aunt owns a home in San Francisco. I have power of attorney. I need to refinance it, what is the best way to do this?
Alan's answer
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Answered on May 25, 2015
First step is to make sure the lender or title company will approve the POA. I have clients who are having problems with POAs when the principal...
Archived
What additional forms do I have to file when I submit my Accounting for Probate besides Notice-Proposed Action?
Alan's answer
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Answered on May 25, 2015
The court may not accept the binder. LA is now scanning everything. Check with the clerk.
Be sure to check the probate notes.
If people entitled...
Archived
Can a great grandmother be held responsible for her great niece hospital bill if she signed a care-taker document.
Alan's answer
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Answered on May 21, 2015
You need to hire a litigator today and set aside the default.
There is a time limit from when you found out about the case and when you file to...
Archived
Small estate affidavit.
Alan's answer
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Answered on May 21, 2015
Unless there is a bank account, investments, or something else that brings the decedent's estate above $150,000 gross, a Small Estate Affidavit is...
Archived
Can I exclude my mother from inheriting my brother's estate due to childhood abuse and over a decade long estrangement?
Alan's answer
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Answered on May 20, 2015
Mother and father will inherit unless you can disqualify them under California Probate Code 259 or some other statute or case law. Probate Code 259...
Archived
My mother promised me her house and I agreed to let her live there
till death but nothing is in writing. I live in Calif.
Alan's answer
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Answered on May 20, 2015
Your mother needs to have an estate planning attorney help her. A hollywood mogul said: Oral agreements are not worth the paper they are written...
Archived
Where can I find attorney or para legal to review a legal document, Probate final distribution.
Alan's answer
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Answered on May 19, 2015
You should retain an attorney who regularly appears in the Los Angeles (if appropriate) probate court. That person will know how to check probate...
Archived
Probate I have sold my mother's home, for gross $360,000.00 net $339,366.00 the escrow co has send a 1099-S to IRS.
Alan's answer
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Answered on May 18, 2015
1. Unless the estate is over 5 million or has hard to value assets, you will not have to file an estate tax return.
2. Income taxes may be due on...
How do we get power of attorney over someone who is mentally ill?
Alan's answer
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Answered on May 15, 2015
If he is on a 5350 hold, a temporary conservatorship is not far behind with an LPS conservatorship to follow. However, if the meds he is being...
Archived
Gifting money annually to a certificate of deposit
Alan's answer
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Answered on May 15, 2015
It should count as a present interest since the child could pull the money out, albeit, with a penalty.
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