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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
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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...
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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
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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...
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How do you cancel/end a power of attorney in California?
Alan's answer
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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...
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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
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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...
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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
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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...
How can I get a lawyer to sue my brother executor of my mothers will and trust when he won't give me my money
Alan's answer
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Answered on February 26, 2015
How long ago did mom die? Was a probate opened?
You need to find an attorney to help you. The first step would be to demand an accounting of the...
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I filed Chapter 13 bankruptcy two weeks ago. I am about to be evicted from my lease. Can I add the lease creditor now?
Alan's answer
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Answered on February 25, 2015
If you filed 2 weeks ago, the meeting of creditors is a week or two away and the court hearing to approve the plan a few weeks after that.
You...
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I have owned my home for 15 years. I have been married for 2. We are trying to refi but I have a judgement on my credit report.
Alan's answer
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Answered on February 25, 2015
As the other attorneys have said, a creditor could undo the transfer in a heart beat. Also, the title company may not offer title insurance unless...
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Other than the parent/child and spousal transfers, does the assessor/tax collector allow any other exemptions on taxes owed?
Alan's answer
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Answered on February 25, 2015
SFR= single family residence. The major exemptions for individuals are parent-child and vice versa, spousal/partner, grandparent-grandchild (both...
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What can I do to compel the Executor to send me my share of the Note?
Alan's answer
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Answered on February 25, 2015
From your question, I presume the note was being paid 50% to your brother, 25% to your and the other 25% to someone else. Was the borrower sending...
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