What is the intestate succession for a Surviving Spousal Property Election under Probate Code Section 13502?
Barbara's answer
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Answered on July 07, 2018
If a petition is filed and approved for the home to be considered community property, then it would go entirely to your father, and you and your...
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Is an inheritance always considered to be part of your assets??
Barbara's answer
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Answered on July 07, 2018
Ms. Bergman's advice explains the overall issues. There are several key questions an attorney would need to know to give you individual...
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I have a TRO for 3 years, if you file a stipulation allowing the abuser to live in the detached garage, is that TRO null & void?
Barbara's answer
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Answered on July 07, 2018
If you voluntarily allowed violation of the terms of the restraining order, it may be void. Meet with a lawyer to review your specific order, and...
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Trust and trustee legal obligation?
Barbara's answer
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Answered on July 07, 2018
As other attorneys have said, it is time for force the trustee to fulfill their duties. If you are one of the children or grandchildren, or if you...
If I collect for IHSS for my father can the government take our house once he’s gone?
Barbara's answer
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Answered on July 07, 2018
Payments for IHSS are not recovered when the elder dies. However, many people who are cared for by IHSS workers, whether family members or others,...
Executor of the estate never submitted the Will's and power of attorney to probate court. Am I too late?
Barbara's answer
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Answered on July 07, 2018
This is way too complex to give you a coherent answer in this forum. If a house is deeded to some of the kids while the parents are alive, it...
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Will I lose my disability benefits?
Barbara's answer
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Answered on July 07, 2018
First, an inheritance is not income for tax purposes; you won’t owe taxes.
Disability benefits are earned during your working years. You don’t...
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My attorney forced me into special needs trust now am in serious trouble being disqualified from ssi what happens to trust now
Barbara's answer
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Answered on July 07, 2018
Your attorney was correct to have money directed into a special needs trust. The trustee needs to immediately send that trust to the SSI worker,...
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How can I find out if my sister is power of attorney? She told me she doesn't have to show me anything.
Barbara's answer
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Answered on July 06, 2018
Call Adult Protective Services. If she does have a POA, she’ll have to show it to them. But if she does have a POA, she has to use it only for your...
Can I put only my home in a revocable CA trust & list only a charity as the sole beneficiary?
Barbara's answer
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Answered on July 04, 2018
There are a couple of problems: (1) your trustee has no ability to handle things if you’re incapacitated; (2) your trustee has no resources to pay...