Archived
In a court confirmed probate sale who decides who the winning bidder will be- the judge or the attorneys or both?
David's answer
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Answered on June 29, 2015
the judge oversees the entire bidding process. usually the buyer does the bidding but realtor can act on behalf of buyer with a POA or if buyer is...
Archived
I need to use my Trustee-Executor power to modify my deceased parents home loan. Can a bank override my power to modify?
David's answer
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Answered on June 29, 2015
I think you would have better success if your distributed the house to yourself (assuming you are sole beneficiary) and then either reapply for a...
Archived
What does "good faith" really mean when dealing with the actions of a trustee?
David's answer
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Answered on June 29, 2015
You would need to take the Trust to an attorney for review re: trustee's liability. The probate code 16461 invalidates as a matter of public...
Archived
I now take care of my mothers finances as she has entered an assisted living facility. How should I manage her SS income
David's answer
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Answered on June 29, 2015
Hopefully you are either her POA or on her bank account. If you are not, perhaps she can execute one (if she has capacity). Yes, you can use her...
Archived
What recourse do I have after being ordered to sign a quit claim deed under duress?
David's answer
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Answered on June 29, 2015
Appeal the order. Judicial duress is not a defense.
Archived
What is the line of succession for co-owned properties?
David's answer
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Answered on June 29, 2015
I agree with the other attorney inasmuch as you need an attorney to review the title record and advise. Keep in mind that your mom can't be taken...
Is a receiver appointed in every real estate partition lawsuit? What is the receiver's function and benefit to the case?
David's answer
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Answered on June 28, 2015
A referee is appointed in a case where the co-owners cannot agree to take an action amongst themselves, like hiring a real estate agent. If your...
Archived
Is there a way that I can find all of my mothers bank accounts and life insurance and all of her stocks and investments ?
David's answer
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Answered on June 28, 2015
If she is an administrator, then she's been appointed by the Court to serve in that capacity. She is a fiduciary and has duties to you and other...
Archived
I need to know the legals about this situation
David's answer
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Answered on June 28, 2015
Whether he has priority depends on whether he was nominated as Executor in your father's Will, if there was one. If there was no Will, then your...
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Archived
Is it possible to do an accounting audit on an estate? And would that discover all assets that was in the persons estate?
David's answer
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Answered on June 28, 2015
Assuming you are a beneficiary or an heir of your mother's estate, you are entitled to an accounting. How, where and by whom depends on whether...