Archived
If there is no will and i have a stepmother and a house is sold. what% does the heirs and stepmother get/
Patricia's answer
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Answered on May 12, 2014
It totally depends upon the facts: 1) who bought the house and when, 2) how title is held, 3) whose money paid for the house (this can be tricky...
Archived
How can I remove my self from being a beneficiary to a living trust which is now irrevocable. (Parent is deceased)
Patricia's answer
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Answered on May 10, 2014
It is possible to disclaim a bequest within nine months of the date of death, provided that you have not received any benefits from the bequest,...
Archived
Can a conservator sell real property in order to maintain the care and comfort of the conservatee?
Patricia's answer
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Answered on May 02, 2014
Absolutely - that's the conservator's job. The conservatee's needs come first. The friend's interest is only an expectation, not an entitlement. ...
Archived
How can I do probate paperwork on my own. I cannot afford a lawyer.
Patricia's answer
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Answered on May 02, 2014
Contact your local Bar Association for a referral to a low-cost attorney who could help you, or talk to Legal Aid. Probating one person's estate...
Archived
If a family member has a lawyer ask for a copy of a trust from the executors does the trust get put on hold for 4 months?
Patricia's answer
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Answered on May 02, 2014
Under the CA Probate Code, the trustee of a trust that has become irrevocable upon the death of a trustor has a DUTY to notify the beneficiaries...
Archived
Who carries the greater weight, the medical authority or a conservator?
Patricia's answer
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Answered on May 02, 2014
I agree with all that Attorney Santaella said. However, you don't mention your relation to the conservatee. If you are a family member, or...
Archived
Can a living trust/will from 2002 supersede a living trust WITHOUT a will from 2008? Both have a different trustee & beneficiary
Patricia's answer
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Answered on May 02, 2014
You say that the girlfriend has been named executor of the estate, but the term "executor" usually refers to a probate proceeding. Is the validity...
Archived
I COULD USE SOME CLARIFICATION ABOUT A SPECIAL PROVISION IN A TRUST DOCUMENT
Patricia's answer
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Answered on May 02, 2014
I strongly advise not trying to do this on your own. The spendthrift clause is irrelevant here, but what could be very relevant, and in your...
Archived
I was told by the superior court judge. I did not give proper hearing notice in my son's probate case. can you help me?
Patricia's answer
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Answered on May 02, 2014
It sounds like you are handling your son's probate case on your own. Depending on your son's probate estate, the process could get a lot more...
Archived
How can I force the correct title of a Probate case?
Patricia's answer
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Answered on May 02, 2014
As long as you fully describe in your petition the differences between the main trust and the sub-trust, and provide a way for the court to...
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