What is the procedure of contesting trust because of lack of competence/undue influence by others like? Thank you.
Gerald's answer
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Answered on August 01, 2017
Arbitration can not be compelled without an enforceable agreement. Consult with a probate/trust litigation attorney regarding initiating a...
Archived
What do I do if I share a home with my mom she is on the loan but we are both on title and she dies?
Gerald's answer
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Answered on July 31, 2017
This answer assumes "the loan" is a mortgage/deed of trust. It also assumes that you are the only heir. If you intend to continue to live there,...
Contradictory discovery responses?
Gerald's answer
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Answered on July 30, 2017
Requests for Admissions are a different discovery device than others. Their only real use is to narrow issues and enable the asker to obtain their...
Archived
Can I face criminal charges for giving to a trustee a made up address for service of process regarding conservatorship?
Gerald's answer
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Answered on July 29, 2017
This is really a criminal law question, which may require further facts to answer. For example, if you "made up" the address in the context of...
Archived
Is there a standard attorney contract for assisting a client through a Probate-Trust-Admin that caps costs where uncertainty?
Gerald's answer
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Answered on July 28, 2017
There is no such standard contract. If you are able to negotiate such a deal with an attorney, they will put it in writing. You should be sure...
Can I find a probate attorney to work on a simple probate for a fixed fee of $4000?
Gerald's answer
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Answered on July 28, 2017
Don't see any reason why not. Many attorneys will negotiate a flat fee, or other alternative fee arrangements.
Archived
With case management statement conference scheduled 8/3. do I file a statement today or tomorrow or just show up?
Gerald's answer
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Answered on July 27, 2017
California Rules of Court:
Rule 3.725. Case Management Statement
(a) Timing of statement
No later than 15 calendar days before the date set for...
If an estate valued over $100,000 is in a Trust, does that estate still go to Probate?
Gerald's answer
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Answered on July 27, 2017
Property that is in a trust passes according to the terms of the trust. Property not in a trust can be subject to probate (or lesser...
Archived
I received a case management statement with a conference date of 8-3-17? Do people typically bring a lawyer with them for this?
Gerald's answer
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Answered on July 27, 2017
Your case is in serious trouble, and you need immediate legal counsel. You should have already filed your own Case Management Statement, and if...
Archived
Would it be a crime for someone to break into a house and take items after a person dies?
Gerald's answer
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Answered on July 26, 2017
You need to consult with a probate attorney about moving the house into your name. Your question is really a criminal law inquiry, having to do...
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