Archived
Does anyone know which California Code Sections or Statutes relate to losing SSI benefits if I receive an inheritance?
Sally's answer
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Answered on February 25, 2020
This is a very complex area of law that involves quite a number of both federal and state statutes and regulations--far too many to list here. If...
Archived
Whom is allowed to see a trust?
Sally's answer
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Answered on February 15, 2020
Not only are you allowed to see a copy of the trust, but you should also have received written notice from the trustee informing you of that right....
Archived
Can I help my friend that signed 9 property deeds over to a man that lied to him and took advantage of his mental state?
Sally's answer
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Answered on February 04, 2020
You should immediately contact Adult Protective Services. You will likely also need to contact an elder law attorney. If your friend has...
Archived
How is the cost basis calculated if my wife buys out her brother's 50% share on inherited property, but then decides to sell?
Sally's answer
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Answered on February 03, 2020
In addition to the consideration of any capital gains tax issue, you should also be aware that, without appropriate pre-planning, one-half of the...
Archived
Resuscitate health directive and hospice
Sally's answer
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Answered on December 30, 2019
Legally, an agent under a health care directive has the authority to engage hospice services, so yes, when the appropriate time arrives, you will...
Archived
Who is the next of kin and has rights to make funeral arrangements?
Sally's answer
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Answered on November 26, 2019
In this absence of a legal document such as a health care directive that authorizes an individual to carry out burial instructions, California...
Can I get a copy of a will if I only have an "informational" copy of the death certificate?
Sally's answer
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Answered on October 23, 2019
California law requires the custodian of an original will to "lodge" the will with the County Clerk (in the County where the decedent resided)...
Archived
What type of Lawyer would you obtain so ask questions regarding property/medi-cal for an elderly person?
Sally's answer
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Answered on October 23, 2019
You need the services of an elder law attorney who handles Medi-Cal eligibility and recovery issues and it is critical that you do this before you...
Can I use a different Lawyer to restate a Trust?
Sally's answer
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Answered on October 12, 2019
Yes, attorneys restate trusts created by other attorneys quite often. We're always very careful to keep the original trust name so that assets...
Can a trustee who is also a beneficiary use a trust property as her own personal home without paying rent?
Sally's answer
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Answered on October 02, 2019
I agree with everything Mr. Shields has said. It does sound as though the trustee is breaching her fiduciary duties. She cannot place her own...
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