Archived
Can I directly prepare a "quitclaim deed" to transfer house owner from joint tenancy to a trust if one of the tenants has died?
Thomas's answer
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Answered on July 14, 2013
The surviving owner (joint tenant) can transfer the property to a trust by way of grant deed, trust transfer deed or quitclaim deed. The first...
Archived
What happens to a trustee when they are removed by the court.
Thomas's answer
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Answered on July 13, 2013
The order removing your sister as trustee simply means that she is no longer trustee. The other trustees carry on with their fiduciary duties. ...
How do you determine value of property amount for the Affidavit of Death of Joint Tenant?
Thomas's answer
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Answered on July 09, 2013
The language sounds like it is coming from a small estate affidavit, allowing you to collect property outside of probate if the overall value is...
Archived
My mom's dying in California & I live out of state. What are my responsibilities as executor of her estate & can I do it myself?
Thomas's answer
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Answered on July 09, 2013
There will be paperwork to attend to, and other matters to address, as your mother's condition worsens and after she dies. As the successor...
Archived
What are the charges against a person for a will that was not executed within 40 days?
Thomas's answer
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Answered on July 09, 2013
If the person nominated as the executor has not lodged the will with the court, and has not filed a petition to probate the estate, then any other...
Archived
I am a widow, I would like to get married again. I have a house and living trust. Does my second husband has right on assets?
Thomas's answer
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Answered on July 09, 2013
The best way to protect yourself will be to have a prenuptial agreement prepared in which you and your new husband agree on what is your separate...
Archived
What happens to property and monetary assets of my grandfather upon his death if he has not left a living trust ?
Thomas's answer
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Answered on July 09, 2013
If your grandfather dies without a will or living trust, then his estate (property and accounts) will be distributed to his heirs at law (surviving...
Archived
How do I respond to an motion for retrial?
Thomas's answer
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Answered on July 09, 2013
File a brief (memorandum of points and authorities) in opposition to her motion, explaining why you're right and she is wrong. Retrial motions are...
Archived
Under California law, does the name of the irrevocable trust I plan to set up have to contain the word "trust"?
Thomas's answer
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Answered on July 08, 2013
There is no requirement that a trust contain the word "trust" in the title. Choosing not to do so, however, could create some confusion in dealing...
Archived
How can I get a copy of my deceased moms trust from her lawyer. I believe the trustee modified or omitted items from my copy.
Thomas's answer
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Answered on July 08, 2013
You should first contact the attorney who prepared the trust to see if he or she has a copy of the signed document and if it can be provided to you...