Archived
Family member had a will or living trust filed with an attorney before death . How would I find out who is that attorney?
Janet's answer
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Answered on May 05, 2009
In California wills are NOT notarized. If the will was not entirely in the Decedent's own handwriting, it needs to have been witnessed by 2...
How do I go about filing a Petition to Dismiss Probate case?
Janet's answer
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Answered on May 04, 2009
If an Inventory & Appraisal hasn't been filed, you can file a Judicial Counsel Form CIV-110 "Request for Dismissal". If an Inventory & Appraisal...
Archived
Appraisals in probate? Possibly got unfair appraisal...
Janet's answer
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Answered on May 04, 2009
Are you talking about the probate referee (the person appointed by the Court to appraise probate property)? Their job is to appraise the property...
Archived
Can I sign something saying I'm NOT going to contest a will/trust in California?
Janet's answer
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Answered on May 02, 2009
It sounds to me like your talking about a trust, not a will.
With a will the assets would need to go through probate, and I guarantee you that...
Archived
My brother died and he had no will. My father is now trying to get everything my brother owned to sell. Can I do anything?
Janet's answer
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Answered on May 01, 2009
I'm sorry about your brother's death.
Unfortunately, if your brother did not have a will and did not have a spouse or children, his parents...
Archived
My mother died ,and left her home to her four children. Does this property have to go to probate.
Janet's answer
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Answered on May 01, 2009
Mr. Taylor is correct. People mistakenly think that just having a Will can avoid probate. It doesn't. The lawyer who drafted the will should...
Archived
Having medical and financial power of attorney for my father, what are my legal obligations to my siblings if any?
Janet's answer
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Answered on April 27, 2009
In order to protect YOURSELF from charges of "abuse of the elderly", you may need to obtain a restraining order against your siblings. In certain...
Archived
Tax liability of a family Trust.
Janet's answer
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Answered on April 26, 2009
I presume that Mr. Sarno did not mean to imply that you should prepare an inaccurate income tax return. You are required to certify under penalty...
Archived
My daughter inherited her grandmothers whole estate when she was 5 years of age
Janet's answer
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Answered on April 26, 2009
Your daughter or one of the other beneficiaries needs to file a Petition to Compel an Accounting with the probate court in the county where the...
Archived
Does Mom need to go through probate for the house (or stocks, cars) if it's in her name and her husband's. He recently died.
Janet's answer
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Answered on April 26, 2009
I disagree with Ms. Harper's answer.
Contrary to what Ms. Harper indicated, if the deed says the house was held as "joint tenancy", then it has...