Questions answered by Jonna Marie Thomas

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Become a Foster Child Because Truancy?

Jonna's answer | Answered on May 01, 2015

I'm a former CPS attorney and represented kids in foster care. I recommend that you speak to a counselor at your school. They are mandated...

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We have been married 26 years . Our mortgage was joint and is now paid in full . bank accounts are also joint do I need a will ?

Jonna's answer | Answered on May 27, 2014

In California, and I believe most states, joint accounts and joint property automatically pass to the surviving spouse to the exclusion of the...

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What happens to a person's will if the executor named is a divorced spouce?

Jonna's answer | Answered on February 28, 2014

I'm sorry for your loss. The state law where your father passed away will govern the question. So, I recommend that you repost clarifying your...

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My Grandfather died back in 1971, and his wife died .. She remarried and had a new trust with her new husband. How would I

Jonna's answer | Answered on January 28, 2014

Forty years ago testamentary trusts were more common than the non-testamentary trusts we see today. If your grandfather made a testamentary trust...

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Will an estate pass tax-free if it is valued at less than the federal exemption & the decedent lives in a state w/no estate tax?

Jonna's answer | Answered on January 06, 2014

It depends on whether the decedent made taxable gift during his or her lifetime. Tax on income may also be an issue to consider.

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Under the revised (Cal.)Probate Code section 5351 a conservator can not prevent contacts to a conservatee without a court order.

Jonna's answer | Answered on January 02, 2014

Prob. Code § 2351 was amended to clarify that a conservator’s control “shall not extend to personal rights retained by the conservatee, including,...

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Can wife access husband's email after he passes, even though they were going through a divorce?

Jonna's answer | Answered on December 17, 2013

I'm sorry about your brother's passing. You may want to check in with his divorce attorney to see whether any family law orders preclude the wife...

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My husband was sent a letter from the tax board that he owes 40,000 we have no money to do the taxes or get a lawyer

Jonna's answer | Answered on December 16, 2013

Many law schools have free legal clinics or can refer you to a related pro-bono clinic. Chapman University and Loyola Law School have master of...

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Can Creditors still sue CA probate estate if over 180 days have passed and it is over 1 year since decedents death?

Jonna's answer | Answered on November 11, 2013

Administrator's have an obligation to timely respond to properly filed and served creditor's claims. Assuming the creditor's claim was timely...

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Filling a Will when someone dies.

Jonna's answer | Answered on November 11, 2013

All persons in possession of original wills must lodge them with the probate court in the decedent's home county. If the assets you describe were...

Jonna Marie Thomas's Answers (24)

Become a Foster Child Because Truancy?

We have been married 26 years . Our mortgage was joint and is now paid in full . bank accounts are also joint do I need a will ?

What happens to a person's will if the executor named is a divorced spouce?

My Grandfather died back in 1971, and his wife died .. She remarried and had a new trust with her new husband. How would I

Will an estate pass tax-free if it is valued at less than the federal exemption & the decedent lives in a state w/no estate tax?

Under the revised (Cal.)Probate Code section 5351 a conservator can not prevent contacts to a conservatee without a court order.

Can wife access husband's email after he passes, even though they were going through a divorce?

My husband was sent a letter from the tax board that he owes 40,000 we have no money to do the taxes or get a lawyer

Can Creditors still sue CA probate estate if over 180 days have passed and it is over 1 year since decedents death?

Filling a Will when someone dies.