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Joan Alison Watters
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Joan Watters’s Answers

54 total


  • Executor vs. Trustee. One relative is listed as executor on pour over will. Another relative is listed as trustee.

    What role, responsibilities, and actions must the executor administer to the estate if the assets have been "poured over" into the trust? Does the executor have any control of distributions of any of the assets? Does the trustee have to advise the...

    Joan’s Answer

    The role and responsibilities of the executor are derived from provisions in the document. Without reviewing these documents it is not possible to answer your first few questions. The accounting should be accurate and should be amended if debts/assets are afterward discovered. You may want to meet with an attorney.

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  • Dear Friends, My question is estate/trust related. My mother passed away and we found she had both a trust and will.

    The trust had home and checking/savings to be divided 5 ways . The will covered everything else, personal items, jewelry, furnishings, appliances, books and ALL other items in the home, to be divided 50/50 between my brother and myself. My quest...

    Joan’s Answer

    Without reviewing the actual documents, the answer to your question is difficult. Usually, the Will is an instrument that identifies the fact of the trust's existence and that the trustmaker's intent was to transfer assets to the trust. If the documents are unambiguous, in other words do not conflict with each other, then distributions should follow the trustmaker's directions.

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  • After a petition for divorce has been filed , what do we do now?

    First off I have to say how great I think this site is. Very professional and your response time is quick. So Thank you for taking the time out of your busy schedule to help folks like us.. Ok now, so , in December of 2013 my boyfriend filed for d...

    Joan’s Answer

    Spend one hour with an attorney skilled and experienced in family law matters. Most charge, some do not.

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  • Can my ex win 50/50 custody of our 3 year old boy?

    Couple months back, we ended our relationship. I left and moved to Corcoran with my 3 year old, his father lives in Clovis. I wrote and agreement stating his visitation, every other weekend and a support of $200 monthly. He signed, I signed. But ...

    Joan’s Answer

    Whether your ex can "win" 50/50 will be based upon the discretion of the court after hearing both sides arguments.

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  • Am I allowed to cancel this weekend visitation?

    I have a court custody agreement where my daughter lives with me in the week and visits her mom on the weekends. I live in Tulare County and mom lives in San Bernardino County halfway meeting point is Kern County Vista Del Lago Center. Being that ...

    Joan’s Answer

    Your court custody and visitation orders should address this issue. If not, then return to court, or reach an agreement to modify the order. You are speculating on future conditions. If you believe the child would be in danger then act accordingly. However, Mom could claim you are just interfering with her visitation. Fix the orders.

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  • Is there a law in California that states siblings of opposite sex can't share a bedroom?

    I have a girl 6 and a boy 3 and people keep telling me I will get in trouble for them sharing a bedroom. Is this true?

    Joan’s Answer

    No. However, there may be other factors that would support such a court order.

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  • I was a defendant in family court where both sides were represented by attorneys. An appealable judgment was entered against

    me. I prepared and will file a motion to vacate under CCP 473 and under equitable relief because of extrinsic fraud. CCP 473 states that a motion under 473 must be filed within 6 months after the judgment was entered. (6 months = 182 days: Davis v...

    Joan’s Answer

    Challenging and/or Appealing a Family Law order requires much time and, frankly, much expertise. Consult with a good Appellate attorney who has experience in Family Law, and, preferably, a successful appellate record.

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  • I am viewing a Petition for FInal Distribution in Probate Court. How does their wording affect what appears on a new Grant Deed?

    The attorney for the estate has submitted a Report and Petition for Final Distribution. It does not include how the new Grant Deed would actually be titled for the family house that is being put into a trust. Would the Grant Deed list the Trustee'...

    Joan’s Answer

    The report and petition requests the court issue orders distributing the assets. You need to review the document to see what is being requested. Assuming the asset is being distributed to a beneficiary, the order will so state. If to an individual or more than one individual, once received, you can then transfer into a trust. If the request is to distribute directly into a trust, then the attorney can complete that process once the court orders the distribution.

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  • Can a paralegal be appointed as special administrator for a probate estate?

    In an intestate probate matter, can a paralegal be appointed as special administrator to reduce costs, or does it have to be a lawyer?

    Joan’s Answer

    Yes, you can Petition the Court to become a Special Administrator of the estate.

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