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Michael Edward Lonich
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Michael Lonich’s Answers

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  • Can a hospice patient on morphine make a will or trust ?

    Could my sister on hospice with a Dilaudid pump make a will or trust ? Her husband says she did and left everything to him . She told me she was leaving me $20,000 . She also left me a letter to me in her computer he will not forward to me...

    Michael’s Answer

    Please note under California Probate Code section 6100.5: An individual is not mentally competent to make a will if at the time of making the will either of the following is true:

    (1) The individual does not have sufficient mental capacity to be able to (A) understand the nature of the testamentary act, (B) understand and recollect the nature and situation of the individual's property, or (C) remember and understand the individual's relations to living descendants, spouse, and parents, and those whose interests are affected by the will.

    OR

    (2) The individual suffers from a mental disorder with symptoms including delusions or hallucinations, which delusions or hallucinations result in the individual's devising property in a way which, except for the existence of the delusions or hallucinations, the individual would not have done.

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  • What is the law in CA on time limit for finding a missing heir?

    There was no will. The inheritance is to be split 3 ways. Only 2 are here. We have not heard from the 3rd person for over 10 years. What is my responsibility in finding him, how long must I search. And at the end of that time, if he cannot be fou...

    Michael’s Answer

    Also note under the California Probate Code section 11603(c): If the probate court makes an order of final distribution and the distributee named in the order does not claim the share to which the distributee is entitled within five years after the date of the order, the distributee is deemed to have predeceased the decedent for the purpose of this section and the alternate distributees are entitled to the share as provided in the order.

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  • My father has lived on ca for 19 years has real property in LA & Ca Personal property in Texas he died October 25,2011 in Ca

    i was told a week later by my siblings he was penniless and had no assets i have started an Irs investigation for tax fraud bank fraud conspiracy&money laundry my father estate had a value of $3.5 million in 1992 where do i probate his will and...

    Michael’s Answer

    Your action would be filed in the county your father lived in at the time of his death. you should get in to see a probate or estate lawyer in that county right away, the fraud claim statute begins to run upon learning of the fraud. Don't delay as the money and evidence will disapear quickly.

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  • Will I get a chance to speak at the final accounting hearing for my mom's estate?

    the hearing is in december. i have been looking for an atty but no one will take the case because it is so complicated. my niece become conservator while i was in prison. i lived with her after that and she said i was revoked as trustee. has c...

    Michael’s Answer

    You will get a chance to speak at the hearing for the final accounting in most jurisdictions, it is best though to file a formal statement objecting to those items you take issue with and back it up with as much proof as you can get or risk waiving your right to object. Most lawyers take such cases on an hourly contract and thus you should have no problem finding an atty. Although they will probably want cash up front for expected initial fees and costs.

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  • My brother is Exc of my mom's will. she passed away 4 months ago. He and I do not speak. How do I find out If I am still in will

    This is not a big estate only car, bank account, insur policy and medic bills. Shoudn't I have known something by now.

    Michael’s Answer

    • Selected as best answer

    I agree with Attorney Mcwilliams and Attorney Ziebold. However, I will add one important point: In many states, when an executor files a petition to probate a will, he is required to give notice to anyone named in the will, as well as, anyone who would have inherited if there was no will at all – like a child of the decedent. Because you are the child of the decedent, you would have been entitled to an inheritance if she never had a will. Therefore, in many – if not all - states, you should have been notified if the will was probated. If you have not received any notice, and you find that the will was admitted to probate, you may have (additional) legal recourse against your brother. I would recommend contacting an attorney in the area in which your mother’s will should have been probated. He or she should be able to guide you through the unique complexities in that county with regard to that county’s probate process and any legal action that might be available to you. I hope this helps. Good Luck!

    This answer is not, nor is it intended to be, legal advice. It is provided for informational purposes only. Actual legal advice can only be provided by an attorney licensed in your jurisdiction with experience in the area of law in which your concern lies.

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  • If probate has closed, how do I sell a house

    My brother and I inherited a house that has a mortgage owed on it, and I did not transfer the title/deed to my name. Do I still have to transfer it to my name and if so, will this show up under my name and that it is in arrears? Thank you.

    Michael’s Answer

    I agree with both the answers given by Attorney Armstrong and Attorney Brewer. Although, I will add that the mortgage will still show in arrears until it is caught up regardless of the name that is attached to it. That being said, if it is transferred to your name while in arrears, it may not immediately impact your credit score, but you may have to explain your way out of the arrearages if you apply for other credit in the near future. Because each state and county have their own little quirks with laws that affect each of your concerns, I would recommend visiting with a competent attorney in your area that can address both your probate concerns, as well as, your concerns regarding the mortgage. I hope this helps. Good luck!

    This answer is not, nor is it intended to be, legal advice. It is provided for informational purposes only. Actual legal advice can only be provided by an attorney licensed in your jurisdiction with experience in the area of law in which your concern lies.

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  • What are my rights as a grandparent to see my granddaughter?

    My ex and i have been divorced since 1987 and she has temp custody of our grandaughter. she is refusing to let me see her. the reason she has her is because my daughter has kidney failure and is on dialysis right now, and is unable to care full t...

    Michael’s Answer

    Under California law grandparents may be granted reasonable visitation with a minor child if the court determines that the visitation is in the best interest of the child. Visitation rights may not be ordered that would conflict with custody or visitation rights of a birth parent.
    If a grandparent is being denied visitation, he or she or both must file an application with the Superior court in the County in which the child resides. The grandparent(s) must show to the court that visitation with them is in the best interests of the child. The court will take into consideration several factors, including the relationship between the child and the applicant, the relationship between each of the child’s parents or person with whom the child is residing and the applicant, the time which has elapsed since the child last had contact with the applicant, the effect that such visitation will have on the relationship between the child the child’s parents or the person with whom the child is residing, if the parents are divorced or separated, the time sharing arrangement that exists between the parents with regard to the child, the good faith of the applicant in filing the application, any history of physical, emotional or sexual abuse or neglect by the applicant and any other factor relevant to the best interests of the child.
    I would recommend that you seek the legal advice of an attorney in your area in order to get specific details about what Arizona law is on the topic.

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  • Is a RV repair Garage responsible/liable for damage to customer property while on business property ?

    My RV had a recall notice. While being serviced for this, at an approved Service Garage, the business was broke into and my RV vandalized. Is the business responsible for repairing the damage at no cost to me?

    Michael’s Answer

    In general the answer would be yes, leaving your vehicle created a bailment and duties of care in the garage/dealership or repair facility. But, most if not all authorized service facilities utilize repair orders that contain language protecting them from just this sort of problem. Certainly there are exceptions and you should have a local atty. look at the repair orders you signed upon dropping off your vehicle and any other documentation if any. Your local state agency overseeing repair facilities is also a good source of information.

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