Questions answered by David Allen Hiersekorn

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Notification of heirs

David's answer | Answered on February 14, 2010

I am assuming you are referring to the notification required by Cal. Probate Code § 16061.7(a). That statute lays out fairly clearly what the...

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My husband and I live in CA and want to refinance. We're told to remove our house out of our family trust in order to refi. How

David's answer | Answered on February 13, 2010

I don't mean to deflect here, but you haven't shared enough information to answer the question. It depends on who is the trustee of the trust,...

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How to get financial records from my Uncle (executor).

David's answer | Answered on February 12, 2010

Unfortunately, the only way you can get the information you want is through litigation or the threat of litigation. Whether your uncle is the...

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I am the Trustee to my parents Trust. They have both passed away. My next step is to start disbursing the inheritance.

David's answer | Answered on February 12, 2010

There are few more steps than that. If the trust is large enough to justify hiring an attorney, you'd be better off that way. You have two jobs...

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I realize that an executor has rules, codes, and laws to abide by, however, what unwritten liberties does an executor have?

David's answer | Answered on February 11, 2010

The Probate Code is very specific about the powers and duties of an executor. As a result, there aren't really any unwritten...

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Recently married in September 2009, and my husband just passed away. My inlaws just informed me that wasnt in the will.

David's answer | Answered on February 11, 2010

Probate is a little more complicated than your in-laws are making it sound. They can't just "read the will" and move on. The will must be probated...

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If my husband and I are taking a vacation without our children, will a handwritten long-term guardianship be sufficient?

David's answer | Answered on February 11, 2010

I'm going to answer based on the assumption that you just don't have time to see an attorney before you leave on vacation. Here is what I...

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My father died 2/3/10. He was 89. My mother told me that he had no will and that she is the legal beneficiary of all of his as

David's answer | Answered on February 10, 2010

First, I'm sorry to hear about your loss. I lost my own father recently. Janet is correct. I would only add that your mom shouldn't assume...

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Must Assets of Living Trust be transferred?

David's answer | Answered on February 10, 2010

That's a tough one. Your primary duty as trustee is to follow the terms of the trust. Even though you are the sole present beneficiary, you are...

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Judge told me to write my own court order appointing me successor trustee.

David's answer | Answered on January 29, 2010

You've come this far without a lawyer. You should be able to finish this on your own. Here's what I recommend: go to the county law library and...

David Allen Hiersekorn's Answers (245)

Notification of heirs

My husband and I live in CA and want to refinance. We're told to remove our house out of our family trust in order to refi. How

How to get financial records from my Uncle (executor).

I am the Trustee to my parents Trust. They have both passed away. My next step is to start disbursing the inheritance.

I realize that an executor has rules, codes, and laws to abide by, however, what unwritten liberties does an executor have?

Recently married in September 2009, and my husband just passed away. My inlaws just informed me that wasnt in the will.

If my husband and I are taking a vacation without our children, will a handwritten long-term guardianship be sufficient?

My father died 2/3/10. He was 89. My mother told me that he had no will and that she is the legal beneficiary of all of his as

Must Assets of Living Trust be transferred?

Judge told me to write my own court order appointing me successor trustee.