I lived with my dad on our property my whole life & he passed in April . Awaiting probate do I have to move ?
Patricia's answer
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Answered on August 04, 2021
The will may or may not be legally valid but where you might run into trouble is with his wife. If the property is considered to be community...
If an unmarried man with minor children passes, who is next in line to inherit his properties if there is no will Or trust? ?
Patricia's answer
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Answered on August 04, 2021
Your fiancé's child is his next of kin - and the unborn sibling is not. Because your fiancé owed real property his estate must be probated through...
I'm married &have property in only my name, do I have to transfer it into both our names before putting it in our family trust?
Patricia's answer
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Answered on August 04, 2021
Not sure whether you are talking about adding her name to the property - ie giving her a 50% share by deed transfer - or adding your separate...
There are four children, the eldest is 20 and she is saying she's next of kin? Who determines the decision maker?
Patricia's answer
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Answered on August 02, 2021
The 20 and 19-year olds are adults and can make legal decisions. The younger ones are minors and cannot. The 401-k would be distributed to...
Deceased Grantor - Children's sub trust help
Patricia's answer
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Answered on August 02, 2021
A trustee is often the same as the grantor, but it doesn't sound like that is what your brother intended. As to whether the trusts should be...
Father died in 2016 without a will, how do l get my name on deed for house? Also, l have 2 nephews & a Niece that want their sha
Patricia's answer
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Answered on August 02, 2021
You won't be able to get your name on the deed without a court order, and you won't get a court order unless and until you open a probate...
Can I present a will from a Spanish speaker interpreted and written in English?
Patricia's answer
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Answered on August 02, 2021
It might depend on the court. To improve your chances, I would get the interpreter and any other witnesses to sign affidavits - sworn statements -...
Can I sell dad’s house, who just went to assisted living?
Patricia's answer
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Answered on August 02, 2021
If your father has enough capacity during part of the day to fully understand you can explain to him the problem with the current POA and have him...
How can my wife get a car that’s under her name out of her grandmothers house ?
Patricia's answer
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Answered on August 01, 2021
Find a local attorney to help your wife prepare a Small Estate Affidavit - CA Probate Code § 13100 - and present it to the people who are holding...
How do probate attorneys usually bill their clients ?
Patricia's answer
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Answered on August 01, 2021
I agree with everything said above. The attorney you used appears to have broken the law. Find another attorney - perhaps malpractice -- and try...
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