Questions answered by Alexander Michael Biddle

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I dont know what kind of a lawyer I will need...I need help in seeing my mothers will she has passed away and my sister will

Alexander's answer | Answered on July 13, 2015

You should contact a California probate attorney. Unless a petition for probate has been filed, the custodian of the decedent's will has 30...

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Am I an intestate heir of my father?

Alexander's answer | Answered on July 13, 2015

From the facts presented, you will be able to inherit through intestacy. As his son, you are separated by only one degree of kinship. Assuming he...

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How do we protect our house so our sons wife can"t take it if we both die?

Alexander's answer | Answered on July 11, 2015

As the other attorneys have stated, you can amend your current trust to continue to exist past your death and be administered by an independent...

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IRA Investment rights as spouse

Alexander's answer | Answered on July 10, 2015

In Estate of Miramontes-Najera (2004) 118 CA4th 750, a husband transferred community property funds into nine bank accounts without his wife's...

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Can we move our dad out of California under a durable power of attorney?

Alexander's answer | Answered on July 09, 2015

I assume you're asking because your Dad is opposed to the idea? In any event, under California Probate Code sections 4540 and 4541(b), the...

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My mother passed away. She has a living trust. I am the executor.

Alexander's answer | Answered on July 09, 2015

Property received by inheritance is naturally separate property, (even if during marriage), so don't bother with a spousal agreement for that...

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My sister has power of attorney over my mother's health and finances of which she got 3 months after the doctor declared

Alexander's answer | Answered on July 07, 2015

In addition to challenging the entire POA for lack of capacity, and/or pursuing a conservatorship, consider the following: Under Cal. Probate...

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Conservatorship in San Francisco - my sis will be petitioning to be conservator of the estate and I will be csvtr of the person

Alexander's answer | Answered on July 03, 2015

I do not have my own personal opinion on your best course of action, however, the clerks at the courthouse can be very helpful with the right...

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If a person gave POA to his daughter for his own finances due to a medical stroke, can he still be POA and executor for another?

Alexander's answer | Answered on June 30, 2015

The mere granting of a power of attorney does not automatically make your brother unfit to the be attorney-in-fact for whomever is the principal in...

Alexander Michael Biddle's Answers (49)

I dont know what kind of a lawyer I will need...I need help in seeing my mothers will she has passed away and my sister will

Am I an intestate heir of my father?

How do we protect our house so our sons wife can"t take it if we both die?

IRA Investment rights as spouse

Can we move our dad out of California under a durable power of attorney?

My mother passed away. She has a living trust. I am the executor.

My sister has power of attorney over my mother's health and finances of which she got 3 months after the doctor declared

Conservatorship in San Francisco - my sis will be petitioning to be conservator of the estate and I will be csvtr of the person

If a person gave POA to his daughter for his own finances due to a medical stroke, can he still be POA and executor for another?