Archived
If the executor in a probate case sends an email out stating they are not going to take the fee is this binding?
Janet's answer
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Answered on October 07, 2012
The California probate code states that the executor is entitled to a fee. At the beginning of a probate case, executors have told me that they...
Archived
How long forCalifornia probate on a bank account not included in a trust and no beneficiary name on account?
Janet's answer
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Answered on October 05, 2012
If the bank account plus other assets that were not in the name of the trust are worth less than $150,000 then your mother can file a "small...
Archived
When a private fiduciary is granted through court as a conservator of person & estate, does that permit other staff within the
Janet's answer
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Answered on October 04, 2012
It is common for a conservator to have the authority to hire people to assist him/her. Having assistance would not be grounds for removal unless...
Archived
What is the procedure and time duration to be appointed executor by the court
Janet's answer
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Answered on October 04, 2012
Filing the will with the probate court does nothing to initiate the probate; it merely fulfills a state requirement that a will be "lodged" with...
Archived
If beneficiary of a will survives the testator of said will by 3 months, but dies before asset distribution, who gets assets?
Janet's answer
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Answered on October 04, 2012
I agree with the other two attorneys. But assuming this is a real question, the place to start is to look at what the will says about survivorship...
Archived
What are legal requirements for reporting trust assets by trustee to beneficiaries in California?
Janet's answer
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Answered on October 04, 2012
If the trust has become irrevocable (usually that occurs when the person who created it dies, unless the trust was made irrevocable at the time it...
Archived
Does a bank record overturn a living will
Janet's answer
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Answered on October 04, 2012
I agree with Messrs. Frederick & Murphy. If there's a beneficiary designation, the property goes directly to the beneficiary; it does not pass...
Archived
Wife died, we own:
1. A single family home, Community Property w/right of survivorship
2. A reresidential plot- Joint Tenants
Janet's answer
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Answered on October 04, 2012
Mr. Johnson's answer is correct for non-community property assets, but community property is entitled to a "double step up" in cost basis. If it...
Archived
I need to get paper work prepared for a attorney I sold a house and need to split the money between my sister and me
Janet's answer
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Answered on October 03, 2012
Your question doesn't really provide a lot of information to go on. Was the house held in the name of a trust? Why do you have to split the money...
Archived
My father passed & I am trustee of 1/2 a house... My step mother owns other half and lives in the house.
Janet's answer
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Answered on October 03, 2012
As Mr. Murillo says, if the trust gives your stepmother 2 years to move, then she has 2 years. Sometimes a trust will have other provisions,...