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Is my wife considered a legal "child" of my parents as far as annual gifting goes? Can they also give her $14,000 /yr?
Michael's answer
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Answered on February 27, 2013
Mr. Frederick is, of course, correct. I would add that you have a lifetime $5 million gift tax exemption. So if you are lucky enough to have very...
Upon receiving a notice required by probate code 16061.7 when does the 120 days start? The date on the letter or?
Michael's answer
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Answered on February 27, 2013
The two prior answering attorneys have given you good advice and I agree with them. I would only add one minor point. The Code of Civil Procedure...
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What standard of measure would be used by a California Probate court to determine "reasonable time" for a required action?
Michael's answer
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Answered on February 27, 2013
There is not statute that states the "reasonable" time to take the specific action you describe. Reasonable could be defined as a failure to take...
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I am on social security disability and I receive Medicare . I am wondering if I will lose my Medicare eligibility if I inherit
Michael's answer
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Answered on February 24, 2013
I agree with attorney Fredericks' answer but would like to add some additional suggestions. The Medicaid rules vary from State to State so you...
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In California who is responsible for credit card debts after death of a widowed elderly person with no liquid assets left?
Michael's answer
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Answered on February 22, 2013
You need to bring the documentation of the debts and your Mother's assets plus the trust to a probate/estate planning attorney to determine what...
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LIVING TRUST
Michael's answer
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Answered on February 21, 2013
You do not have to void the old trust. You can amend the old trust if the changes are minor by having an attorney prepare an Amendment document or...
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What is the most appropriate method to gift cash from the proceeds of the sale of a home from parent to child in CA??
Michael's answer
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Answered on February 20, 2013
Your parents can sell their house but they are going to have to pay capital gains tax on the sale. I doubt this will be a concern as they will be...
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Do I need a lawyer to file affidavit of death of trustee for county recorder's office for home in trust?
Michael's answer
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Answered on February 20, 2013
In Southern California the requirement for Affidavit of Death of Trustee are that you attach a copy of the death certificate. The Affidavit...
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Probate?
Michael's answer
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Answered on February 17, 2013
Your question regards facts and occurances that took place almost 30 years ago. This makes it very difficult to obtain witnesses that will...
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Small estate with credit card debt in CA - who gets paid?
Michael's answer
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Answered on February 15, 2013
When you utilized the Probate Code Section 13100 declaration process, the declaration states that you will indemnify the bank should someone with a...
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