Does a durable power of attorney need to have witnesses,if it has already been signed by a notary in California?
Scott's answer
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Answered on December 02, 2020
California Probate Code Section 4121(c) provides that a power of authority is valid if it is witnessed by 1) a notary public OR 2) two witnesses. ...
Archived
How do I transfer the name of the deed from my dad who passed away To me the administrator of the estate executor of the estate
Scott's answer
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Answered on December 02, 2020
It sounds like you may need to open a probate in the local county court. Once opened and if the court appoints you the executor of the estate, the...
Archived
What can my sister do if she found out there is a fiduciary involved in her fathers passing? The will left her everything.
Scott's answer
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Answered on December 02, 2020
Ms. James is correct. Your sister should seek the advice from a second attorney as soon as possible.
Archived
When is the 7 months of bank statemnts required for the trustee to review back dated from?
Scott's answer
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Answered on November 11, 2020
Not sure why the Trustee would want 7 months of bank statements, the norm is 3 months. You should provide a statement showing the balance of the...
Archived
How can a proposed conservator, (in pro per) continue a hearing, if the conservator, wants to obtain legal advice or counsel?
Scott's answer
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Answered on November 11, 2020
I am not aware of an online form requesting a continuance of a hearing. Instead, you will need to draft a pleading entitled "Request for...
Can my fathers estranged wife of 50+ years claim Power of Attorney now and take over all his assets?
Scott's answer
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Answered on October 22, 2020
You need to contact a Probate attorney and discuss challenging your mother's actions. ASAP!
How does one set up a Living Trust if they also have a "Spend Thrift Trust"?
Scott's answer
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Answered on October 22, 2020
It sounds that the Spend Thrift Trust was created by someone other than you. If that person is deceased, the Spend Thrift Trust cannot be...
I have alot of questions that are regarding my grandmother and her situation?
Scott's answer
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Answered on October 22, 2020
It is unclear what the "problem" is with your grandmother.
I suggest you contact a local elder law attorney to discuss further.
Archived
I have just had a baby. My partner has written a will. However it’s just on blank paper and signed.
Scott's answer
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Answered on October 22, 2020
What you describe is called a Holographic Will and so long as it attested to, dated and signed by your partner, it will be considered a valid will.
Can the bankruptcy trustee force me to sell a home that I inherited but is not in my name?
Scott's answer
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Answered on October 22, 2020
First of all, if you are represented by an attorney, you should be asking this question to your attorney.
Generally speaking, yes it is possible...
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