Archived
My mother recently passed away suddenly, she did not have a beneficiary. How do I go about getting her money out of her bank?
Matthew's answer
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Answered on June 10, 2015
In California, we have a simple 13100 affidavit to remove money from a bank account after 40 days from the date of death have elapsed. See if your...
Archived
When and why should I set up a trust?
Matthew's answer
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Answered on June 10, 2015
A trust is a very popular estate planning vehicle used to plan for the efficient management of your property during your lifetime, potential...
Archived
How do I find out the attorney's name who is taking care of the estate of my recently passed away friend?
Matthew's answer
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Answered on June 10, 2015
If your friends estate is in probate, check the superior court records. The attorney will be listed. If your friend had a trust, then this will...
Archived
If a dishonest trustee refuses to account then starts making unexpected distributions , what is going on ?
Matthew's answer
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Answered on June 10, 2015
As a trustee, he or she is a fiduciary who owes many duties to the beneficiaries. Do you have a copy of the trust document? If so, you should...
Archived
My mom passed away and she left me money in her trust
Matthew's answer
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Answered on June 09, 2015
You need to get a copy of your mother's trust and read the terms and conditions. You should also consult with a local trust administration...
Archived
How can I collect child support in a probate case?
Matthew's answer
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Answered on June 09, 2015
If the claim was partially approved, then you should contact the executor of the probate matter to check on the status of payment. You can also go...
Archived
My father has moderate dementia. do I need to file for guardianship to obtain power of attorney.
Matthew's answer
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Answered on June 09, 2015
Your father should consult with a local estate planning attorney, preferably in the early morning hours. Hopefully he has sufficient capacity to...
Archived
Can you change a irrevocable insurance trust by transferring it to a new irrevocable insurance trust and change who the
Matthew's answer
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Answered on June 09, 2015
Given the complexity of your situation, consult with a local estate planning attorney. This is not a DIY type of project.
Archived
The seller of a house has POA for her parents. All 3 names are on title, mom wasn't of sound mind for POA. Is there a loophole?
Matthew's answer
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Answered on June 09, 2015
If the husband has capacity and the wife does not, and we are dealing with a real property asset, then the husband can file a probate code 3100...
Archived
How do I find a family will from a deceased parent?
Matthew's answer
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Answered on June 09, 2015
Check the superior court records where your father resided at the time of his death. Hopefully, his will was lodged with the court. You can also...
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