Archived
In California, do intestate heirs have duty to investigate (or constructive notice) re: the decedent's real property interests?
Michael's answer
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Answered on October 24, 2011
In general terms, nothing happens in probate until someone steps up and petitions the court to be named as the administrator or executor of the...
Archived
Can personal representitve for my mothers estate come back and sue half his faily for his attorney fees and fes for him being pe
Michael's answer
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Answered on October 24, 2011
It sounds like your mom's estate is insolvent. That means there is nothing of value to distribute. The beneficiaries are responsible for the...
Archived
In Avvo website example, what happens if A dies but B is living? How would the assets be split between A's children and B?
Michael's answer
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Answered on October 23, 2011
I cannot give you an answer to your question because I have not read the trust you reference in your question. I can give you a general answer. In...
Archived
Mother died with no will. Sister & I are heirs. I'm filing petition to determine succession but cannot locate sister-what to do?
Michael's answer
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Answered on October 23, 2011
Adding on to Attorney Brewer's answer, if the court accepts your declaration of due diligence in attempting to locate your sister and allows you to...
Archived
What are my next steps when a property is foreclosed upon during probate and the remaining assets are less than $100,000?
Michael's answer
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Answered on October 22, 2011
Your answer indicates that you have already opened Probate. Your only option is to file your inventory and request for distribution, explaining to...
Archived
Can an Estate be sued after final distribution, If community property is found later and distributed according to the Judgment.
Michael's answer
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Answered on October 22, 2011
My immediate reaction to your question is "Wow." The ex husband is probably legally liable for the loss to the other heirs. A suggested option is...
Archived
If a testament is not signed is it legal or does it need to be signed by my parents?
Michael's answer
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Answered on October 22, 2011
If your parents die in Mexico and the Mexican Court approves your parents instructions you may be able to file the Mexican Court's Order in a...
Can my mother put her house in an irrevocable trust if she has a reverse mortgage on it?
Michael's answer
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Answered on October 20, 2011
If you obtain a reverse mortgage on the house and then put it into an irrevocable trust, you may have committed fraud. The irrevocable trust will...
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Archived
Is there a statute of limitations on Probated Assets?
Michael's answer
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Answered on October 14, 2011
Yes, pursuant to California Probate Statutes, there is no way to have the bonds converted to cash without an order of the probate court. Even in...
Archived
In Los Angeles Co, CA, does the petitioner need to attend the hearing for final distribution?
Michael's answer
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Answered on October 14, 2011
Your response to the answering attorney's answer is that you are representing yourself (in pro per or pro se). The reason to attend the hearing on...
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