We have a Trust Agreement that allows a beneficiary 90 days to provide written objections, does that trump the 180 days in code?
David's answer
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Answered on June 25, 2015
Relevant excerpt of Cal Probate Code section 16461 (see (d) below):
(c) Subject to subdivision (b), a provision in a trust instrument that...
Living Trust Question: Putting rental property into a trust
David's answer
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Answered on February 12, 2015
There is no need for the right of survivorship feature of CPWROS as will afterward place it in trust, unless perhaps there will be a delay while...
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Access to a mini storage unit of a recently deceased man by his only child, my foster child.
David's answer
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Answered on February 12, 2015
It is always best to see an attorney but despite the risks noted above you will probably be fine filing a small estate affidavit, assuming the...
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Sister in law IN QUESTION is the executor or poa of her mother estate
David's answer
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Answered on February 12, 2015
See an attorney ASAP re appointing conservator and reviewing your sister-in-law's actions as attorney-in-fact.
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Death Benefits for surviving spouse
David's answer
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Answered on February 12, 2015
This appears to be fraudulent and illegal in several ways. I would recommend against any participation in this scheme.
Is Probate Code 8500 the proper section to remove a trustee?
David's answer
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Answered on February 12, 2015
I agree with comments above--however, note that if the trust instrument provides for a trust protector then other options might be available. The...
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My mom passed away and my father demencia. They left a living trust. How do i get a copy and where? Im they're oldest son.
David's answer
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Answered on February 12, 2015
Examine title to the home (or have an attorney do this) to verify whether there might actually be a trust. The trust instrument will not likely be...
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Home in PROBATE. Father passed, with No Will or Living Trust. My mother and I are on Deed but not listed as Living Trust.
David's answer
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Answered on February 12, 2015
Unclear, but looks like you are saying home is not in probate because you are asking about commencing probate on your own. It also appears there...
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Who can I get to help me organize my defense in a probate matter set for arbitration?
David's answer
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Answered on February 12, 2015
Attorneys referred by bar associations are generally covered by insurance in case something goes wrong--others might not be.
How long after a persons death can a Power of Attorney agent write checks from the deceased's bank account to pay bills?
David's answer
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Answered on February 12, 2015
Upon death, a power of attorney is no longer effective so no, your sister the agent cannot write checks to pay bills. She has no authority, at...
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