Archived
My grandmother passed away 8/30/09. There was no will. She owes $300k in CA. My mom, aunt, and uncle live there. HELP! what now?
Janet's answer
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Answered on September 23, 2009
I'm sorry about your grandmother's death. You say that the mortgage payment hasn't been made because there's no death certificate yet. You don't...
Archived
Where can I locally be sworn in as administrator of an out of state estate.
Janet's answer
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Answered on September 22, 2009
I'm not sure what the PA lawyer is talking about. In California we don't have a "registry of wills". We have a probate court. And I doubt that a...
Archived
If 2 siblings inherit a house, they both agree to sell, can the one living in the house be forced to move?
Janet's answer
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Answered on September 22, 2009
The short answer is "yes", the sibling living in the house can be forced to move. The longer answer is "but it might take some time & effort." ...
Can the executor disperse an inheritance in monthly payments over a period of years if not noted in the will?
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Answered on September 21, 2009
If this will has been admitted to probate court and the executor has been appointed by the judge, then you can file an objection to the way the...
Archived
Can I remove the name of one of two persons listed in a generation skipping trust?
Janet's answer
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Answered on September 21, 2009
If you established the trust and if the trust is revocable, then you have the right to make whatever changes you want. If the trust is...
How long after a trust takes affect does an accounting of it need to be made for the trustors of the trust?
Janet's answer
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Answered on September 21, 2009
Mr. Fink's answer isn't quite accurate. You can file a "Petition to Compel an Accounting" with the probate court located in the county where the...
Archived
I and my 3 siblings are benefacries in mom will. should i pass, wil my share go to my children?
Janet's answer
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Answered on September 20, 2009
California Probate Code section 21110 provides that if a beneficiary does not survive the "testator" (the person who executed the Will), then the...
Archived
Father dies in Ca without a will or trust.
Janet's answer
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Answered on September 20, 2009
I'm sorry about your father's death.
The deadline you are referring to is that when there is a formal probate, creditors are given 120 days...
Archived
Who are the heirs to the Estate
Janet's answer
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Answered on September 18, 2009
I agree with Mr. Frederick. You will be required to provide evidence to the Court that you made a "good faith attempt" to locate your missing...
How many and type of signatures do I need on a will to have it notarized?
Janet's answer
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Answered on September 18, 2009
Absolutely do NOT have your will notarized!!! California does not recognize a notary seal as being valid on a will. You MUST have at least 2...