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Death in state of California with a valid Will and Living Trust. Are funds from named Trust property in Ca. subject to probate?
Thomas's answer
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Answered on October 16, 2010
A decedent's property outside of California is not subject to probate IN California -- generally an "ancillary probate" in the state where the...
Archived
I need to file a creditors claim against an estate I expect to sue the estate or widow how much info should I provide with claim
Thomas's answer
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Answered on October 14, 2010
If the goal is to recover on your creditor's claim, it would be prudent to include as much detail as is reasonably necessary to justify the merit...
Can i transfer real property out of a QPRT and back into one of the Settlor's names without reassessment?
Thomas's answer
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Answered on October 14, 2010
Generally, you would not be able to simply transfer the property to your Aunt. As noted above, the QPRT is an irrevocable trust, and if the...
Archived
Do I need a court order to distribute Califronia LLC share to successor trustee after death?
Thomas's answer
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Answered on October 14, 2010
If the member of the LLC was the settlor as trustee of the trust (and not as an individual), then the successor trustee generally stands in the...
Do I need the court to approve listing a property for sale if I am the executor and approved for Independent Administration?
Thomas's answer
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Answered on October 14, 2010
The answer to your question depends on whether you have been granted independent powers with Full Authority or only independent powers with Limited...
Archived
What is required for a very simple modification (codicle) to a will in Georgia
Thomas's answer
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Answered on October 14, 2010
I am not licensed to practice in Georgia, but generally, changes to a will (codicils) need to comply with the same formalities that are required...
Archived
I want to make a minor modification to a will. Can I do that? How? Can I just change and initial?
Thomas's answer
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Answered on October 14, 2010
I am not licensed to practice in Georgia, but generally, changes to a will (codicils) need to comply with the same formalities that are required...
Archived
My grandmother passed away 2 years ago and she and my grandfather drew up a Will together. I am now being told it was changed
Thomas's answer
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Answered on October 14, 2010
Your question is difficult to answer without more information. If the change in your grandfather's Will was obtained through the exercise of undue...
Archived
My mom has to go into a nursing home. My sisters are in the will? Can I sell her home?
Thomas's answer
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Answered on October 14, 2010
The owner of the house is the one who may sell it. If your mother is the owner, then she has the power to sell. If she has granted you a power of...
Archived
Should I worry about probate ??
Thomas's answer
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Answered on October 12, 2010
Yes, if you have an account in your name that is worth more than $100,000 at your death, the account is subject to probate. If all you are...