Archived
What money am I entitled to as her full blooded brother from my sister's probate?
David's answer
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Answered on June 08, 2016
Lots of moving parts. Probate Code sets forth intestate priority. You should speak to a probate attorney in your area.
Archived
After purchasing a house that has severe roach infestation in a foreclosure sale, does new owner have liability towards tenants?
David's answer
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Answered on June 08, 2016
more than likely, yes, the landlord is liable, though the Lease and facts may provide otherwise (and whether that lease provision is valid is a...
Archived
How can I transfer ownership of a home to a relative?
David's answer
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Answered on June 08, 2016
ditto what the attorney above said. Too many potential consequences. f your sister decides that she wants to keep the property, you may be out of...
Archived
Is it possible for someone with Power of Attorney over an elder to prevent that person being approved for more credit cards?
David's answer
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Answered on June 08, 2016
A POA is usually a shared power arrangement so the short answer is "no" you cannot legally stop him from transacting on his own accord even though...
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Archived
Any remedy for defending frivolous case? Plaintiff should know that he is not entitled to recovery, yet pursued the case.
David's answer
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Answered on June 07, 2016
One Word. Anti-SLAPP. Malicious prosecution actions are fraught with perils, and I would think twice before filing one.
Archived
What can be done when a dispute goes to 'arbitration', and the trustee (other party), then goes against that agreement??
David's answer
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Answered on June 07, 2016
Typically, agreements made during arbitration or mediation are legally binding. They usually contain a paragraph that gives the Court the right to...
Archived
If a trust benificiary signs an inheritance disclaimer do they have any recourse to re- claim property later
David's answer
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Answered on June 07, 2016
No, the property is hers, so unless she has a will or trust gifting that property to her boyfriend, it will go to her two adult children.
Archived
Can the probate court change the distribution of assets of Revocable Inter Vivos trust following death of Grantor on 7/13/2007?
David's answer
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Answered on June 07, 2016
Don't rely on your Uncle's business partner for reliable information. Generally speaking, the Court does not change the dispositive language of...
Who can file a heggstad petition? does it need to be prepared by a legal professional ? how to I find southern ca. prof.
David's answer
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Answered on June 07, 2016
A Heggstad petition must be filed with the Court. A hearing will then be scheduled. A paralegal cannot put his name on the filing (i.e. petition)...
Archived
Do I need to file for probate and go through the whole process or is there some other procedure so I can deal with lender?
David's answer
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Answered on July 01, 2015
It sounds like your mom is on title but not on loan. because she is not the borrower, bank won't talk to her. she can try refinancing the home...
