Archived
I was just notified my ex husband has died. Our two children are under 18. Are they entitled to his personal property?
Michael's answer
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Answered on July 27, 2011
Pursuant to California Probate Code Section 6402(a) where a decedent (your ex husband) is not survived by a spouse and left no will, his estate...
Archived
Reimbursement to Heir
Michael's answer
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Answered on July 27, 2011
Your question indicates that you are a little confused about the proper procedure and should definately consult with an estate planning or probate...
Archived
Can I gift a car, or other expensive non cash gift to someone on Medicaid without effecting their Medicaid eligibility?
Michael's answer
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Answered on July 22, 2011
You can gift a car to someone on Medicaid without effecting their eligibility. Any assets other than a car, a house and a nominal amount of liquid...
Archived
Can father put clause in his will to keep his children from selling his house upon his death? Can he make them hold onto it?
Michael's answer
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Answered on July 22, 2011
Yes, the father can control the property from his grave. Let me offer a simple solution.
Place the house in a trust. The terms of the trust will...
My brother wants to name me as beneficiary on his 401k account, which is really intended to go to his two minor children.
Michael's answer
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Answered on July 21, 2011
Your brother should see an estate planning attorney because his intentions regarding his 401K will cost his estate or you in taxes. [A 401K is...
Archived
My friend has lived with his Elderly Mother for the past 7 or 8 years, He care takes for her , and she has made him totally
Michael's answer
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Answered on July 21, 2011
If mom is competent she can manage her property as she sees fit. As the owner of the house she can either file an unlawful detainer (eviction)...
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Legally possible to deliberately exclude adult child as beneficiary under will?
Michael's answer
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Answered on July 20, 2011
The answer to your question will depend on Oregon law so you should consult an attorney who practices in Oregon. You state that mother is dying. ...
Do the other siblings have a claim if one child inherits everything?
Michael's answer
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Answered on July 19, 2011
There are two ways (at least) to consider your mother's transfer of her assets to your brother. The transfer can be considered a contract between...
Archived
My father put house in brothers name to shield me from getting any part. Do I have any grounds to sue when dad passes?
Michael's answer
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Answered on July 18, 2011
If the house was titled in your father's name after his divorce from your mother and your father was mentally competent at the time he placed title...
How do I gift or sell my second home to my daughter?
Michael's answer
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Answered on July 17, 2011
Your question asks for two separate answers:
1. If you give your house to your daughter you need to determine its fair market value to determine...
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