Archived
My husband has property in his name & parents they are deceased. If my husband predecease me do I have rights to the property?
Janet's answer
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Answered on February 08, 2010
It depends on several factors, some of which are the way that your husband and his parents held title to the property. If they were all "joint...
Archived
If a Deed is filed that says a probate is PENDING is it a valid Deed?
Janet's answer
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Answered on February 08, 2010
It sounds as if your father's probate is not complete and that a Judge has not confirmed title in your name - just because you are the executor...
Archived
Disclaimer for Half of residence
Janet's answer
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Answered on February 07, 2010
I presume that the AB Discretionary Trust would provide that it is irrevocable and would operate much the same way as an "ordinary" AB trust would...
Archived
Is it possible to request the copy of my father's will online since I live so far away from his place of death?
Janet's answer
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Answered on February 07, 2010
It sounds strange that a probate court clerk would tell you that you should not see the will. Nonetheless, since it is a public record (in most...
Archived
How will a probate attorney be paid if when all is said and done, there are more debts than assets in the estate?
Janet's answer
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Answered on February 06, 2010
As Mr. Baer stated, there are specific California probate code sections that deal with the priority of payment when the debts exceed the assets. ...
Archived
Im the trstee of deceased mother's trust. She had a fund not under the trust and with no beneficiary. What do I do?
Janet's answer
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Answered on February 05, 2010
See my other answer. If the fund (together with all other "probatable assets) was worth less than $100,000 then you can use a small estates...
Archived
In a living trust, what happens when an account was not in the name of the trust and had no beneficiary?
Janet's answer
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Answered on February 05, 2010
Was the account worth more than $100,000 - or, to be more precise, are all of the assets that don't have beneficiaries named on them and that are...
Archived
My mother died and made me Independent Executor. How do I change her name to my name for her estate?
Janet's answer
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Answered on February 05, 2010
You are only nominated as executor until you are appointed by the probate court. So yes, you will need to have the will admitted to probate unless...
Archived
Will leaves everything to kids, what right does the wife have?
Janet's answer
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Answered on February 05, 2010
If Texas is like California, then the ex-wife will need to prove a number of things, including that the 1987 will was written after your stepfather...
Archived
WIthout a will, is it true that a 2nd wive will have to split the husband's estate with all children from the previous marriage?
Janet's answer
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Answered on February 04, 2010
Mr. Frederick's answer may be correct for Michigan, but it would not be correct for California. And it may not be correct for Minnesota. In...