Archived
As representative with Full Authority of my moms estate in Probate, what expense should I expect to pay after sale of her home
Alan's answer
|
Answered on March 03, 2015
1. Property taxes are the most probable problem. Make sure you have filed the parent-child exclusion form with the tax assessor. You may still get...
Archived
Who do we contact for information about a Will that can not be found?
Alan's answer
|
Answered on March 02, 2015
Could your grandfather have destroyed the will in order to revoke it? The presumption is that if the will was last in the custody of the decedent...
Archived
My brother is saying that he has POA on my mother but will show the document what can I do
Alan's answer
|
Answered on March 01, 2015
Retain an attorney to do a conservatorship. Contact Adult Protective Services.
When mom dies, you can have the court require your brother to...
Archived
Seeking POA & Health directive for elderly parents to sell home for medical care, however equity shared by sibling so can I do?
Alan's answer
|
Answered on March 01, 2015
If one is seriously disabled, that one may not have the capacity to sign a POA. You would need a conservatorship.
With a POA or a...
Archived
Does having POA give you the right to change someone's trust?
Alan's answer
|
Answered on March 01, 2015
If the trust allows it AND the POA gives him the power, he can change the trust. Many trusts make the power to amend personal to the settlor and...
Archived
Mother died on 02/07/2015. Brother was named as trustee in the will. He is refusing to give her anything. What should she do ?
Alan's answer
|
Answered on February 27, 2015
As the other responses say, find an experienced probate attorney.
How long has it been since mother died? The notice of probate or notice of...
Archived
Mom inherited a condo from my deceased sister.
mom wants to give me the condo.
if she quitclaims to me is there a tax issue?
Alan's answer
|
Answered on February 27, 2015
1. The transfer from your mother to you is excluded from property tax reassessment.
2. Your mother should file a gift tax return. However, unless...
Selected as the best answer
How do you cancel/end a power of attorney in California?
Alan's answer
|
Answered on February 27, 2015
While you can simply revoke the old one, the best way is to execute a new power of attorney and Advance Health Care Directive.
However, if the old...
Archived
Will the court allow me to lend the estate money if I file a petition for order to authorize personal representative to borrow?
Alan's answer
|
Answered on February 27, 2015
Probably not. Being the lender to the estate that you are the personal representative for creates a conflict of interest.
If you are the sole...
Archived
Do I need affidavit of heirship from ca or nc. Best source to get document. Is there a fee to file the document?
Alan's answer
|
Answered on February 26, 2015
A Small Estate Affidavit should be sufficient (Probate Code 13100). The one I have drafted includes language from the code to explain that the...
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained