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About Durable Power Of Attorney:
Can my son sell the house when I am abroad (absent) and NOT for medical reasons?
Janet's answer
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Answered on August 15, 2012
There are 2 different POA types - one for medical matters and a separate one for financial matters. In addition, the financial POA can be set up...
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What does waiver of notice usually mean in a probate case?
Janet's answer
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Answered on August 07, 2012
Mr. Carrier's answer works for California, too. If you want to make sure you're always notified of court petitions, then you can fill out a form...
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My fathers probate Is taken now over 7 yr. to finish and we are getting the run around from our lawyer... Need help!
Janet's answer
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Answered on August 05, 2012
File a petition with the probate court to have the executor removed for failure to complete the probate - if it's his lawyer's fault, then the...
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Which trust is right for us?
Janet's answer
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Answered on August 01, 2012
Both Mr. Pippen and Mr. Frederick raise good points. I strongly suggest that you contact a certified specialist in estate planning law. You can...
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Could my mother will her home to my children, but write in a clause that states that my brother can live there until his death?
Janet's answer
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Answered on August 01, 2012
The other attorneys are correct that this can be done. However, if you want to keep your mother's property tax basis ("Prop 13"), she will need to...
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What if there's a Will that says this, "Gift of the residue of my estate": Everything that is left of my estate after all of the
Janet's answer
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Answered on August 01, 2012
Without reading the entire will to make sure there isn't another gift somewhere, I would be guessing. However, based strictly on what you quoted...
Can a 13 year old petition to change guardianship from grandparents to uncle?
Janet's answer
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Answered on July 31, 2012
Mr. Carrier's answer might be correct under Michigan law, but in California a 13 year old is old enough to file his or her own petition for a...
Archived
What happens to funds from a closed probate proceeding when the rightful heirs cannot be found.
Janet's answer
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Answered on July 30, 2012
You don't provide quite enough information to answer your question, but if the heirs were named in the probate proceeding and they can't be found,...
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A petition for probate has been filed with the court clerk with a hearing date set can the petition be stopped?
Janet's answer
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Answered on July 23, 2012
As Mr. Tigerman says, the hearing on the petition cannot be "stopped" if the person who filed the petition complies with the proper procedure. ...
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My widowed father passed away, I am POD on his bank accounts and CD's. There is a Car, is probate required?
Janet's answer
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Answered on July 23, 2012
I'm sorry about your father's death. You don't provide enough information to determine whether a probate is necessary. Any assets that have a POD...