Archived
Hello. My sister and I are having trouble getting our inheritance from our brother who is the trustee, should we get a lawyer?
Janet's answer
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Answered on September 27, 2012
I agree with Ms. Sinclair. You've been told multiple times that you need to hire an experienced probate attorney to assist you. Are you looking...
Archived
Are there companies that purchase future inheritance (like companies that purchase lottery winnings)? Is that even legal?
Janet's answer
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Answered on September 22, 2012
There are companies that will buy inheritance rights, but I don't know of any that will do so until they are 100% certain of what you're going to...
Archived
How can I get a copy of a Living Trust? My sister died in 2011 and her husband will not
let us see the Living Trust.
Janet's answer
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Answered on September 22, 2012
I agree with the other two attorneys. In California you would not be entitled to see a copy of the trust unless you are an "heir" or a...
Archived
Can siblings who haven't provided any care for 89-yr. old mother refuse to let her come home or speak to me then get POA?
Janet's answer
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Answered on September 22, 2012
You need to contact the San Francisco Adult Protective Services agency, both for yourself AND your mother. Report what your siblings are doing as...
Archived
If a family member was appointed administrator of my aunts estate but is now having a hard time getting a bond, can I petition
Janet's answer
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Answered on September 14, 2012
As Mr. Platon indicates, you can file a petition to be named as administrator. If you aren't bondable, there are ways around that issue.
If...
Does it make sense to name your financial planner as executor of the will and financial power of attorney?
Janet's answer
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Answered on September 05, 2012
I agree with Mr. Fromm. In my experience most financial planners' broker-dealers prohibit them from acting as a trustee or executor in a client's...
Archived
My stepfather died 4 years ago. I supported him and my mother from 1990 to 1996. When my mother died, my stepfather left
Janet's answer
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Answered on August 31, 2012
You say your stepfather died 4 years ago. Why have you waited so long to pursue this? You might have some rights to his property, but you don't...
Executor fee for Trustee
Janet's answer
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Answered on August 31, 2012
If bank accounts are held in pay-on-death accounts - that is, accounts that have beneficiaries designated on them with the bank itself (rather than...
Archived
If there's a clause in a Will that reads, "Anything under this Will to the contrary notwithstanding, the Executor is Prohibited
Janet's answer
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Answered on August 29, 2012
The short answer is that it's a clause designed to save taxes to the greatest extent possible.... you could call it a "heads up" to the executor...
Archived
How do I change power of attorney from my Mother's sister to me?
Janet's answer
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Answered on August 29, 2012
I agree with Mr. Frederick. You'll need to petition the probate court to be appointed as your mother's conservator. However, given that she gave...