Do I have to re-file a small claim in CA if filed against a dead person, their spouse and business? All 3 named are defendants
Alan's answer
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Answered on May 01, 2023
1. When a person dies, and the statute of limitations for some causes of action has not run, the statute of limitations for all causes of action...
How do i pass custody of my child to my sister in the event of my death ?
Alan's answer
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Answered on May 01, 2023
You cannot "pass" custody to your sister. HOWEVER, you can nominate her as Guardian of the Person and estate of your child. The court will do the...
How can I successfully withdraw petition for conservatorship without prejudice
Alan's answer
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Answered on April 28, 2023
I presume this is a petition for a limited conservatorship of the person of a developmentally disabled person.
You can request that your petition...
Would I be following "Prudent Investor Rule" if I invest trust assets in the indexes the Pro fiduciary say are their benchmarks?
Alan's answer
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Answered on April 26, 2023
I think you have it right. The traditional definition is: The trustee is "to observe how men of prudence, discretion and intelligence manage their...
How do i claim my ex spouse House??
Alan's answer
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Answered on April 25, 2023
Someone needs to probate her estate.
Unless she has a will naming you to inherit the home or have a life estate in it, it will go to whoever gets...
Probate referee under valued the Estate - Settle Estate expenses
Alan's answer
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Answered on April 25, 2023
1. If the probate referee used the wrong date, I would ask the appraisal to be redone.
2. Is the owing party a beneficiary? If so, I would request...
I have a standard will and trust. recently i published a copyrighted book. do i need add its transfer to my heirs?
Alan's answer
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Answered on April 24, 2023
Yes. Unless properly specified in the will or trust, federal copyright law will govern who gets the rights to the book.
You will need an estate...
My dad passed. I am his only daughter, he owned successful CPA business but owned no other assets. How can I transfer his biz?
Alan's answer
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Answered on April 24, 2023
Unless you are a CPA, you probably cannot take over his CPA business. However, you could sell it or change it from CPA to bookkeeping/tax.
You...
Inheriting a house as a gift
Alan's answer
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Answered on April 22, 2023
You need a Oregon estate planning attorney to review this plan and advice you on the potential problems. If you gift the house as you plan, it is...
What's the process for filing final taxes and closing probate? I'm ready to close CA probate, but the estate had 2023 income.
Alan's answer
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Answered on April 20, 2023
If the estate had income in 2023, it will have to file forms 1041 and 541 for 2023.
The 2023 K-1s will go to the beneficiaries, and they will pay...
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