Archived
How can I protect my assets and house from judgment or Med-cal cost? I wish to protect them for my daughter.
Gregory's answer
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Answered on May 18, 2014
It is possible to transfer your home directly to your daughter or to an irrevocable trust for Medi-Cal planning and avoid estate recovery after you...
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Archived
Can a subtrust be valid if the primary Trust failed to be active due to the sudden death of the Grantor?
Gregory's answer
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Answered on May 18, 2014
It sounds like you may need to petition the appropriate court to establish the trust(s), if the grantor never funded/created the trusts during her...
How common is it for a shady Executor of an estate to alter a Will > (ie: add things in & take things out of it-).. prior to ...
Gregory's answer
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Answered on May 17, 2014
It is neither common nor legal for an executor to modify a will - but if it has happened in a case where you believe you should be inheriting, you...
Archived
Need clean copy of trust. I was told that the law firm that did it was prosecuted and no longer in business .
Gregory's answer
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Answered on May 17, 2014
Ordinarily, the client is the only person who is given a copy of the completed trust. It is not recorded with the county, or otherwise deposited...
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Archived
I would like to know if I can get a California Conservatorship case thrown out or dismissed for failure to give proper notice
Gregory's answer
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Answered on May 17, 2014
I would not expect the court to dismiss a pending conservatorship matter because of a problem with notice - the court is likely to postpone or...
Archived
Do you need to pay taxes on inheritance?
Gregory's answer
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Answered on May 17, 2014
This depends on the assets. Savings bonds and retirement accounts may create income tax consequences. As others have noted, inheritance taxes are...
Archived
What is general procedure to claim inheritance?
Gregory's answer
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Answered on May 17, 2014
If the funds are held by a trustee, contact the trustee. If the funds are deposited in an UTMA or UGMA account, contact the institution with ID to...
Archived
How to remove incapacitated husband from property title?
Gregory's answer
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Answered on May 17, 2014
You might also consider a substituted judgement petition under Probate Code section 3100.
Can my Mom use the Spousal Property Petition to avoid probate if my Dad's will left everything to my Mom's living trust?
Gregory's answer
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Answered on May 16, 2014
This sounds more like a petition under Probate Code section 850 to confirm trust assets. If drafted/presented correctly, this should be achievable...
Archived
Can I use a Haggsted petition?
Gregory's answer
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Answered on May 16, 2014
Santa Clara County has historically been liberal with allowing Heggstad petitions; I have had them granted under similar corcumstances.
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