Archived
If there is no legal administrator and no executor, etc. who can legally sign the decedent's 1040 form? Probate under 100,000.00
Janet's answer
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Answered on April 06, 2010
That's a good question. Technically, only the estate representative (personal representative, executor, administrator) can sign the tax return. I...
Archived
How valid is Joint Tenantcy after a divorce? If something happened to me or to him, will all go to the person who survives?
Janet's answer
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Answered on April 05, 2010
You can easily change the property from joint tenancy to tenancy in common by filing a deed at the county recorder's office indicating that you are...
Archived
Will the court notifiy me of claims made on my fathers estate?
Janet's answer
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Answered on April 05, 2010
I do not practice in New Hampshire, so I don't know the laws there. But in California the executor would be required to send a notice of estate...
Archived
Can a heir ask the courts for reimbersement for cost of property repairs and necessary maintenance over 20 yrs, span?
Janet's answer
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Answered on April 05, 2010
You might be entitled to receive "contribution" for your expenses from the other heirs. One thing that might be factored in would be whether you...
Archived
Is there a law in California probate code that requires non-U.S. resident executors to post a bond??
Janet's answer
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Answered on April 05, 2010
Each county has its own "local court rules". Most counties require a non-California resident (even if it's a US citizen living in another state)...
Archived
I am an adult, my father died without a will, what am I entitled to receive?
Janet's answer
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Answered on April 05, 2010
If your father died without a will, you are probably entitled to a percentage of that estate. What that percentage is depends on a number of...
Archived
My Father died by suicide leaving very little financial records. How can I search for unknown assets?
Janet's answer
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Answered on April 05, 2010
I'm very sorry for your loss. There's no easy answer to your question. If you are officially appointed as the executor (by the Probate Court),...
Archived
Spouse not willing to follows instructions of trust
Janet's answer
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Answered on April 04, 2010
If the trust provides that the account is supposed to be distributed after your father's death and his wife is refusing to do so, you can bring a...
In a California Probate who is required to pay the upfront filing and publication of notices fees? The attorney or the executor
Janet's answer
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Answered on April 03, 2010
I just wanted to respond to Mr. Taylor's answer in one respect. In California the Rules of Court do NOT permit an attorney to collect a retainer...
Archived
Is there a difference selling home as a sole ownership or a revocable living trust?
Janet's answer
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Answered on April 02, 2010
It makes no difference who you sell it to. If you sell the house from the trust, then the trustee, as "grantor" sells (or grants) to the "grantee"...