Questions answered by Lynn Margaret Sherrell

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Estate fraud: Tortious interference w/ expectation of inheritance a good COA?

Lynn's answer | Answered on June 01, 2016

Traditionally California did not recognize this tort, which was recognized in other states. However the case of Beckwith v. Dahl (2012) 205 Cal....

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If my parent made a b power of attorney document but now cannot remember who it was made with, can another power of attorney be

Lynn's answer | Answered on June 01, 2016

Assuming that your parent still is mentally competent, he or she may make a new durable power of attorney, which would revoke the old one. She...

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Trust,estate and power of attorney for deceased parent, new lawyer running the firm not helping us.

Lynn's answer | Answered on June 01, 2016

California law permits the heir or executor to collect on small estates by an affidavit process. A lawyer is not needed. Your husband would sign...

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Should my mom be put on the deed or be a benficiary?

Lynn's answer | Answered on May 27, 2016

The California Legislature authorized a new method-Transferable Upon Death Deed, which is now effective in California. The owner of the house...

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Along with POA, and Health Care Directives how do we add a principals nomination or statement naming a proposed conservator?

Lynn's answer | Answered on November 26, 2015

The California Medical Association and Kaiser Permanente both have advanced directive forms written specifically for California. One can usually...

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Initial attorney contact for a complex case: email, phone, letter, or other?

Lynn's answer | Answered on November 11, 2015

Most clients contact an attorney by telephone. The attorney or an assistant does the intake, which involves identifying the client and the type of...

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My parents bought a house in Calif and added me as a joint tenant. They have both passed away. Can my brother claim the house

Lynn's answer | Answered on November 10, 2015

There is a rule called presumption of title, which states that the form of title is presumed valid. You as the surviving joint tenant succeed to...

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My question is regarding the ability to give a cash gift, without incurring a tax on the receiver.

Lynn's answer | Answered on November 10, 2015

There is a simple, perfectly legal solution to your natural desire to give money to your children. It is called an IRS 709 gift tax return. You...

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CA Limited Civil - Motion in Limine

Lynn's answer | Answered on October 29, 2015

Motions in Limine may be filed in court trials.

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A teacher stopped my wife from driving and sat on the front of my car scratching the paint is she or the school responsible?

Lynn's answer | Answered on October 29, 2015

Although I practice in California, not Oklahoma, can you explain how sitting on the hood of a car scratched the paint?

Lynn Margaret Sherrell's Answers (338)

Estate fraud: Tortious interference w/ expectation of inheritance a good COA?

If my parent made a b power of attorney document but now cannot remember who it was made with, can another power of attorney be

Trust,estate and power of attorney for deceased parent, new lawyer running the firm not helping us.

Should my mom be put on the deed or be a benficiary?

Along with POA, and Health Care Directives how do we add a principals nomination or statement naming a proposed conservator?

Initial attorney contact for a complex case: email, phone, letter, or other?

My parents bought a house in Calif and added me as a joint tenant. They have both passed away. Can my brother claim the house

My question is regarding the ability to give a cash gift, without incurring a tax on the receiver.

CA Limited Civil - Motion in Limine

A teacher stopped my wife from driving and sat on the front of my car scratching the paint is she or the school responsible?