Archived
Can I ask the probate court to drug/alcohol test my son's dad in a guardianship visitation hearing?
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Answered on September 27, 2015
I don't think the court has authority to order a drug/alcohol test of a person who is not a party to an action. Dad merely signed a consent form to...
Do I need to provide SSN, bank account numbers for a will/trust?
Marinus's answer
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Answered on September 27, 2015
Look at it this way:
As an attorney, you can meet all day with people all week, and never make any money. If you're going to meet with clients,...
Archived
Death and Pending Divorce in California
Marinus's answer
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Answered on September 27, 2015
Intestate (when there is no will) rules are pretty clear in that his estate will end up with surviving spouse and children. If there was no...
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What does "shall survive me" mean? What happens if the beneficiary dies very soon after one who made the will?
Marinus's answer
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Answered on September 26, 2015
First, if executor was appointed by the court, it will need to appoint a new executor to properly finish estate administration. If this person was...
Archived
Can a trustee sell propert in the trust to her daughter for less than fair market value
Marinus's answer
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Answered on September 26, 2015
You need to consult with an attorney. It's somewhat fact-specific and also depends on the trust document.
In general, however, I would say that...
Archived
Can trustee stop monthly income to benificary
Marinus's answer
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Answered on September 26, 2015
It all depends on what the trust document instructs trustee to do, how much discretion trustee has, and then there are public policy laws that may...
Archived
If parents wanted to avoid the estate tax they have to have no control of real estate.
Marinus's answer
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Answered on September 26, 2015
Consider this: for 99.8% of people who die(d) this year, the estate tax will not apply. (Indeed, you would not get that from misguided political...
Archived
Can someone take over a trustee of the trust, can the trust be changed along with the will if one named on it dies?
Marinus's answer
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Answered on September 26, 2015
This is a somewhat incomprehensible question. I suggest you and your mother consult with an attorney, have the estate plan documents reviewed, and...
Archived
In a Probate hearing for a Motion for Judgement on the Pleadings, the Judge refused to review the Pleading's Exhibits, why?
Marinus's answer
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Answered on September 25, 2015
The more specific and narrow a question is, the more useful an answer will be. There is so much unknown here it is impossible to say anything...
Archived
If DPOA medical was revoked from a family member claiming elder caregiving services, can back pay be sought from the estate?
Marinus's answer
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Answered on September 25, 2015
Each question could be answered either "yes" or "no". In general, "yes", but specifically, perhaps "no". You need to have this reviewed by an...
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