Archived
My brother died with no will his wife took possession of the house & put it up for sale are his children entitled to any profits
Ivette's answer
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Answered on November 11, 2015
Hello,
Since your brother passed without a Will then the intestacy laws will determine how his assets are to be distributed.
I have attached...
Archived
Are reports of forced isolation and battery good reasons to remove beneficiary from will?
Ivette's answer
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Answered on November 11, 2015
Hello,
Only Barbara can change the terms of her trust if she has the mental capacity to do so.
Archived
If there's a conflict between a parent's (disabled and with dementia) health proxy and power of attorney, who's decisions rule?
Ivette's answer
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Answered on November 11, 2015
Hello,
Unless one of the siblings is the agent of your Mom's power of attorney and the power of attorney authorizes him to do so, they cannot...
Archived
Petition the court
Ivette's answer
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Answered on November 11, 2015
Hello,
Please note that these are private documents and you have no standing to petition to see them.
Archived
What can a concerned person do to get a trustor's attorney to revisit the estate plan?
Ivette's answer
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Answered on November 11, 2015
Hello,
If the trustor is mentally incompetent the trust cannot be amended. The attorney does not have this authority. The attorney is there to...
Archived
I need a lawyer
Ivette's answer
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Answered on November 11, 2015
Hello
Contact the San Joaquin Bar Association for referrals to attorneys who may work on a payment arrangement to assist you for trust...
Archived
Sister has told the owner of a board and care not to let me see my mother.
Ivette's answer
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Answered on November 10, 2015
Hello,
If your Mom still has mental capacity she can revoke your sister's authority as her agent in the power of attorney.
If not and the...
Borrowing against irrevocable trust
Ivette's answer
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Answered on November 10, 2015
Hello,
The grantors of an irrevocable trust no longer control any assets that are placed in the trust. One of the main purposes of putting the...
Archived
I am the executor of my mothers living trust and I have a sister that will not give to me my mothers belongings to distribute
Ivette's answer
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Answered on November 10, 2015
Hello,
As Trustte you have the authority to retain counsel to advance the trust's business.
The attorney can send her a demand letter on...
Can a married couple divide their real estate assets on a 50/50 basis each putting his/her half into a revocable living trust?
Ivette's answer
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Answered on November 10, 2015
Hello,
Yes, but an attorney should draft the trust and estate plan.
AVVO or your local county bar association can provide attorney referrals.
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