Dad's wife refuses to honor the Durable POA my dad gave to me, she continue to override my decisions when I'm not around
Benjamin's answer
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Answered on April 01, 2016
In CA and most other states a person needs a power of attorney and advance health care directive. The POA governs legal and financial matter and...
Archived
What are my options if my younger sister fraudulently emptied a POD account which she was a beneficiary on?
Benjamin's answer
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Answered on April 01, 2016
Unfortunately you will need to hire an attorney to allege fraud or undue influence. Hopefully you can work it out with your sister before going to...
Archived
How is it determined what State an irrevocable trust is in?
Benjamin's answer
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Answered on April 01, 2016
Usually the trust will state which state law applies. Some people living in CA or elsewhere set up trust in NV or WY or somewhere else b/c they...
Archived
This is irrevocable trust. Doesn't this go under contesting.
Benjamin's answer
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Answered on April 01, 2016
No, under normal circumstances, this would not be considered a "trust contest" or "will contest." This would be considered a petition to remove...
What rights do I have as a tenant with mold in our rental when landlord refuses to provide mold inspection?
Benjamin's answer
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Answered on April 03, 2014
If Landlord refuses to conduct inspection, since this is a residential unit, you are allowed to pay for the inspection yourself and then deduct...
Can I represent myself inprobate court? My sister won't put the property in my name and my mother wishes are not being met
Benjamin's answer
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Answered on May 09, 2012
Yes you can. It does happen from time to time, although it is best to hire an attorney. The probate court in Santa Clara County is very busy - it...
Archived
If I am 80 years old and I am under a conservatorship by the Office of Public Guardian..
Benjamin's answer
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Answered on March 28, 2011
This can happen when the county believes that those around you are scamming you or taking advantage of your situation. Generally, the county is...
Can a trust gift money to a beneficiary
Benjamin's answer
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Answered on March 28, 2011
Yes. It is possible. What does the trust say on the subject? First, you always look to the trust document to see what it allows or disallows. ...
Archived
My mother's living trust was never funded.
Benjamin's answer
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Answered on March 28, 2011
You will be able to avoid a full probate. You will need to file the Heggsted petition in order to have a judge approve the transfer. You will be...
Archived
Must a corporation or organization incorporate in the state in which it intends transact business in order to have legal autho
Benjamin's answer
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Answered on November 17, 2009
No. But you should register as foreign corporation and be authorized to transact business in your state of domicile.
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