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My mother just passed away leaving behind myself and two sisters all of whom live in Arizona and I in California. My mother named my oldest sister executor of her will, living trust, At the time of her death my sister had her name on my moms check...
There are a couple initial questions that need answering before any clarity can be provided on the subject. As an attorney licensed in both California and Arizona I can say that generally speaking, if there is a trust, your sisters as trustees are obligated to comply with the terms of the trust instrument when making distributions. If you are a beneficiary and do not have a copy of the trust, you are entitled to receive a copy. If your sisters are now trustees of the trust and they are violating the terms, you can petition the court to have them removed as trustees. You can also file a petition to clarify ambiguous terms or deal with other issues that may arise.
If there is no trust and only a will you are now dealing with probate. The probate will have to be properly administered by the executor/representative/administrator. It sounds as though your oldest sister is the executor who is now responsible for administering the estate. If you disagree with the way the estate is being administered and this is supported by actual evidence, you can bring an action in the probate to attempt to stop the improper administration.
Your specific situation is going to be controlled by the laws of the state with jurisdiction over the matter and the controlling documents (will, trust, etc.). To protect yourself you should consult with an attorney so that any necessary action can be taken immediately.See question
A few months after purchasing my condo, I was informed from the HOA that they do not allow hardwood flooring. The flooring has been here for several years before I purchased the condo. Is this considered misrepresentation by my realtor?
Sometimes a failure to disclose can be construed as fraud or a misrepresentation. The CC&R's are recorded in the public record and you should have been given or had access to them prior to purchasing the property. Assuming this was an actionable misrepresentation, the next question you'll need to address is how you were harmed. If you were not harmed or suffered any actual damages a lawsuit may not be advisable. Also, if you have an issue with your realtor for violating a duty to disclose you can typically arbitrate these issues. You should consult an attorney to flush out these issues.
Best of luck!See question
The summons document mentions that this was for a bank of america credit card that I paid last in 2008. I discontinued payments later on due to my financial conditions. Can you please let me know what to do now? can I file a response to the summo...
You will need to respond to the Complaint by filing an Answer, Demurrer, or another type of Motion (such as a Motion to Quash Service). The Answer is what is typically filed after a Summons and Complaint are served unless you believe the claims are without merit or service was improper. Unless the Complaint is verified, you can file a general denial which denies all allegations of the Complaint. You will also want to allege any affirmative defenses you may have. If the Court is unable to provide you with a form, you may want to consult the CA Judicial Council forms found here: http://www.courts.ca.gov/formname.htm.
At this point, it may be worthwhile to negotiate a resolution to the lawsuit filed against you. Most credit card agreements allow the other party to collect attorney's fees if a lawsuit is initiated. A resolution now would save you additional attorneys fees, filing fees and possibly allow you to negotiate a discount on the amount owed. You should consult an attorney.See question
I had the money, but made arrangements to pay and empty my unit on a day prior to auction day to be set. I had to travel 1800 miles to get to the storage unit. Being a disabled Veteran I over compensated and my injuries delayed my travel en rout...
I agree with my colleagues that more information is required as to what type of auction you are dealing with in this case. It appears you believe there were some discrepancies with how the auction came about. Bankruptcy may be an option and will impose an automatic stay to allow you to keep the property temporarily. If there was some violation of the law you can file a lawsuit and get an immediate temporary restraining order (TRO) preventing the sale. You need to provide more information and likely consult an attorney to be fully apprised of your options.See question
The house I am renting is in foreclosure according to a letter I received from the bank. We have to move and I do not have the money for a deposit and all for a truck ect to move. (It cost a lot to move) My question is do I get my deposit back and...
Ms. Farley provides an excellent response. The only additional information I can add is that you may have a cause of action against your prior landlord. Consult an attorney and do not hesitate to take your landlord to small claims if necessary.See question
my son believes he was named in his grandfathers will. His father holds the trust, but has never informed him what he is to inherit. At the time he was only 10, but is now in his 30's.He would like to see how the will was worded. He is afraid ...
Generally, trustee's have are held to very high standards and very high standards of care. The beneficiary does have the right, in most, but not necessarily all circumstances, to demand that the trustee disclose trust-related information. At that point, if the beneficiary believes that an impropriety has occurred, the beneficiary must, to the extent possible, expressly state the nature of the dispute or impropriety. Assuming that the beneficiary has stated a potentially valid claim, it is then the burden of the trustee to refute that claim with sufficient evidence. Assuming that the trustee can present sufficient evidence tending to refute the claimed impropriety, the beneficiary will want to present evidence establishing trustee wrongdoing. The general standard of trustee care is stated in Cal. Probate Code §16040. You need to act quickly and should consult an attorney.See question
Mom Died with reverse mortgage with Wells Fargo. While obtaining probate documents house burnt down. Insurance proceeds were $107,000. Wells provided documents for rebuild then would not release funds to contractor. How do I get them to release f...
The loan documents will govern the rights and obligations with regards to the insurance proceeds. Often these proceeds go to the secured creditor, who is then required to use the proceeds to make repairs unless such action is not economically feasible. If the documents support your position that your bank is required to release the funds to the contractor, you could start by making a written demand to them requesting that the funds be released. If they funds are not then released, you may want to pursue legal action. In any event, you should consult with an attorney on this matter.See question
A few years ago, my sister-in-laws fooled me into quitclaiming my home so she could take out an equity loan used to start her business. After getting the loan, she quitclaim herself and the property is back under my name. The business failed and...
If this loan was secured by your property and the loan is in default, the property is at risk of foreclosure. This sounds like it may have been a HELOC, which can alter your remedies. However, you have a number of options available to you both with the bank and potentially against your sister-in-law. You should consult with an attorney immediately.See question
i received a summon last week for 4000 debt . I'm planning to settle it out of court . I have already created a letter requesting to settle and for how much , and when etc , and a request for debt validation . I know mean while I have to answ...
I have handled a number of these matters and in my experience the creditor will typically extend your time to respond to the Complaint if you are in legitimate settlement negotiations with them. Be sure to get any extension in writing, and if i goes beyond two weeks you will need to get a court order approving the extension.
You must timely answer the Complaint or you can be defaulted and have a default judgment entered against you. Also, if you admit all of the allegations there is nothing to stop the creditor from moving for judgment on the pleadings or summary judgment and obtaining the full settlement amount. Do not miss your deadline to respond to the Complaint.See question
My father(82) during a Modification learned(OCT 19/12) there was a sale date to foreclose.He went to bank mod dept & discovered a daughter had sent a fax to opt out on modification and to let it go to Foreclosure. Bank never sent my father a lett...
Many courts in California hold that Banks do not owe their customers a negligence duty when they are acting in their traditional role as a lender. This has been extended to banks and loan servicers in the context of loan modifications. Not all courts will follow this line of case law, and certain circumstances may create a negligence duty. Whether his daughter was authorized to act on his behalf regarding the account and whether the forged authorization was so obvious that it should have placed the bank on notice that something was wrong will be important factors in determining whether a negligence duty was owed and whether that duty was breached.
If you're currently under review for a modification, the recently passed Homeowner's Bill of Rights prevents the bank from simultaneously foreclosing (aka dual tracking). There are also appeal rights available to you if the modification is denied.
Many time the loan modification process can be long and difficult. Stick with it and provide the exact documents requested as quickly as you can and maintain good records of your communications (both written and verbal) with the bank.
Lastly, there may certainly be a cause of action against the daughter if he is denied for a modification. Your father should consult an attorney on this matter so that he can fully understand his rights and potential claims.See question