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Sister had Mother sign Amendment to Trust no one knew about even Mother appointing her successor trustee - not mother's intent
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Answered on March 27, 2013
In situations like this, you'll want to engage competent counsel as quickly as possible. You can help yourself and your counsel by going to the...
Archived
What kind of ownership does this grant deed mean? It is very vague. Does this mean joint tenancy?
Erik's answer
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Answered on March 27, 2013
Joint tenancy has to be explicitly specified. If there is no type of ownership specified between co-owners, the default is tenants in common. I...
Can a trustee appoint a co-trustee even though the trust does not expressly authorize it?
Erik's answer
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Answered on March 26, 2013
You may consider using a Durable Power of Attorney instead. The wife can execute this general document regardless of the language of the trust,...
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Is a Revocable Family Trust valid if it is signed by two witnesses or does it have to be notarized in California
Erik's answer
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Answered on March 26, 2013
Unfortunately this sounds like a situation the courts will have to resolve. When you have a document that you believe to be invalid based on lack...
Archived
Can they go after my fiancée soon to be wife's money. in the state of California .
Erik's answer
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Answered on March 23, 2013
A child support calculation by statute cannot include a new spouses income as income available for support. However, it is part of the calculation...
Archived
How can I prove in Family Court that my Exes so called "gifts" from his parents is actually income for more child support?
Erik's answer
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Answered on March 23, 2013
You are going to need the assistance of an experienced family law litigator for this matter. The court has a number of options when considering a...
Archived
My grandmother passed away in Vallejo, Ca. On February 8, 2013, I am one of three beneficiaries .
Erik's answer
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Answered on March 23, 2013
Any beneficiary of a trust is entitled to a copy of the trust, and certain other information. I would retain an attorney right away to make the...
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In California, will the spouse inherit everything if the deceased spouse does not have a will?
Erik's answer
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Answered on March 16, 2013
Just to add to the answer above: One key question to ask in these situations is: what is in the estate? Real estate held in joint tenancy, joint...
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Archived
If I receive help from state (California) to pay my MEDI-CARE premiums, will the state recover this money upon my death?
Erik's answer
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Answered on March 12, 2013
The goal of Medi-Cal and Medicare is to provide medical assistance. Only a few state programs (Medi-Cal) will seek reimbursement after you pass...
Archived
What do i need to do to look up a will from 1990. It is in Orange county CA
Erik's answer
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Answered on March 08, 2013
California requires that will be "lodged" or filed with the court in the county that your grandfather lived in when he passed away. However, you...
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