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Family home is to be sold as mothers trust indicates upon her death. She passed in March but grandson refuses to leave what now
Gregory's answer
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Answered on April 24, 2014
You will need to evict him with the normal eviction prccess if he won't leave voluntarily. I have moved this question to Landlord-Tenant because...
What qualifies as grounds to have a co-executor removed out of their position?
Gregory's answer
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Answered on April 24, 2014
California Probate Code 8502 says that a personal representative can be removed for these reasons:
They have wasted, embezzled, mismanaged,...
Archived
How to add a successor trustee if the grantor/trustor is deceases/incapacitated.
Gregory's answer
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Answered on April 24, 2014
This depends on what the trust says. Some trusts are written to allow a trustee to name their successors. Other trusts state that the beneficiaries...
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What can I do if the trustee is not following through on her word to complete and distribute the items involved in the trust?
Gregory's answer
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Answered on April 24, 2014
Your attorney can ask the court to order her to do something; if she doesn't comply with the court order, she can be held in contempt, charged...
Archived
The Trustee of an estate I am a beneficiary of, retained some money, and won't return my phone calls or emails.
Gregory's answer
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Answered on April 23, 2014
I would start with asking for a copy of - and reviewing - the recent tax returns to see if there's any reason to think taxes would be owed. It may...
Archived
If there is joint tenancy between husband and wife. Can wife quit claim her interest to her living trust?
Gregory's answer
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Answered on April 23, 2014
The result depends on the order of the events. If things happened like this:
1. Mom signs deed putting house in trust
2. Dad dies.
3. Mom...
Archived
In Oregon, can an adult son be a trustee of his mother's trust and the only beneficiary if there are other siblings?
Gregory's answer
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Answered on April 23, 2014
You might get more precise answers if you listed your location as Oregon, to attract people licensed in Oregon.
In general, a person can leave...
Archived
How can I prevent Medi- cal and the state from recovering from my Mothers estate when she passes away?
Gregory's answer
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Answered on April 23, 2014
The typical strategies for avoiding Medi-Cal recovery are to deed the home to a child, subject to a retained life estate; or to transfer the home...
Archived
For a living trust with unmarried son as beneficiary, can I prevent his future spouse from taking these assets in a divorce?
Gregory's answer
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Answered on April 23, 2014
If the trust is drafted so that it will continue indefinitely after your death, where your son has the right (but not an obligation) to remove...
Archived
Search warrant at wrong house
Gregory's answer
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Answered on April 23, 2014
I am moving this to Civil Rights rather than Elder Law because I think it will attract better responses there.
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