Archived
My friend is 75 with no heirs. everything will go to charity. she has a handwritten will,how do i proceed
Janet's answer
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Answered on April 12, 2009
Although a completely handwritten will is valid in California, you will most likely need assistance after your friend's death. If she has more...
Archived
What needs to be done to change an irrevocable family trust created in California. What court action would need to be filed?
Janet's answer
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Answered on April 08, 2009
You would need to petition the court for modification of the trust under probate code section 15400 et seq. If the trust is irrevocable, it...
Archived
Estate planning in CA making my sister the primary beneficiary
Janet's answer
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Answered on April 08, 2009
Without more information it is difficult to say for certain, but your sister would probably be liable for your debts up to the value of the...
Archived
What is the resonable % amount to be paid to trustee in California , for a trust?
Janet's answer
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Answered on April 06, 2009
Banks generally charge a minimum of $5,000 per year. If the trust is worth more than $500,000 then they charge approximately 1% of the value of...
Archived
How do I correct the false information and altered documents filed by the attorney in probate?
Janet's answer
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Answered on April 06, 2009
If you are the spouse and sole beneficiary, you can avoid the entire probate process by filing a "spousal property petition". Ask the lawyer about...
Archived
Can a sibling who has power of attorney deduct my portion of inhertiance monies.
Janet's answer
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Answered on April 06, 2009
If your father is still alive, then you don't have any inheritance yet, so I don't understand the question.
But if your father is "still of...
Can sister who is executor move into house and pay no rent? Irrevocable Trust.
Janet's answer
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Answered on April 03, 2009
Has your sister actually been appointed as the executor by the court or does your mother's will merely "nominate" her to be executor? Your sister...
Small Estate Affidavit
Janet's answer
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Answered on April 03, 2009
Mr. Hoffman's answer was generally correct.
But for the mobile home, you will also need to fill out the DMV form for small estates. I've...
Archived
Can you sell a piece of the property from the irrevocable trust
Janet's answer
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Answered on April 03, 2009
You do not provide enough information to make a determination. Why is the house being sold? Out of spite or because the trustee needs the money...
Archived
What is supposed to be filed in probate court, after your spouse dies?
Janet's answer
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Answered on April 03, 2009
I am sorry about your husband's death. If the house is in the name of your trust, then you do NOT need to go to probate court (that's one of the...