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My mom died 5 years ago and everything in her state has been settled but her house. I was wondering is there a way for me to do
Gregory's answer
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Answered on April 28, 2014
Unfortunately, the "small estate" procedures that are available for real estate in California are only available for properties worth less than...
Archived
Can a single Affidavit for the Collection of Personal Property be used across state lines if both states use the form?
Gregory's answer
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Answered on April 28, 2014
Intangible assets such as bank accounts are governed by the law of the state where the decedent resided at the time of their death. For a...
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Archived
What documents are required by the Probate Court to file a request for a new Trustee for a irrevocable trust?
Santa Rosa, CA
Gregory's answer
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Answered on April 27, 2014
You would need to prepare a petition in the correct format. The petition will likely use section 17200 of the Probate Code. You will need to get a...
Archived
Do i need to hire a lawyer?
Gregory's answer
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Answered on April 27, 2014
If you are buying your aunt's half, that's not a gift, so you do not have a gift tax issue.
It sounds like you need an attorney familiar with...
Legal consequences of cashing inheritance check with attached 'contract' relinquishing other rights.
Gregory's answer
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Answered on April 27, 2014
You should not cash the check, and you should get local counsel to advise you about your rights. There may be important deadlines that you should...
Archived
No will, but have emails stating he was going to make a will and who gets what, does this help in probate court?
Gregory's answer
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Answered on April 27, 2014
If there was no will, your father's property will be distributed according to the intestacy rules. This will need to go through probate, and the...
Archived
Can you cancel an irrevocable trust.?
Gregory's answer
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Answered on April 25, 2014
This depends a lot on the circumstances - who created the trust? Is it funded? Do the beneficiaries agree that the trust should be cancelled?
If...
Is a document invalid if a notary does not turn in his journal?
If one of a series of documents is invalid, are all invalid?
Gregory's answer
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Answered on April 25, 2014
The failure of the notary to turn in his journal does not invalidate documents notarized earlier by the notary. If a group of documents is signed...
Archived
: In California when changes are made on a 2 party property deed, such as a trust added, do both parties need to sign?
Gregory's answer
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Answered on April 25, 2014
If X and Y hold title to property as joint tenants, and X signs a deed transferring their interest in the property, the joint tenancy converts to a...
Archived
In California - "no-contest clause" & asking if there's a newer version.
Gregory's answer
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Answered on April 25, 2014
Requesting a copy of any newer trust documents should not constitute a "contest" or an "opposition".
However, you are not necessarily entitled...
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