Archived
Can I challenge my mothers revocable living trust if upon her death her husband removed all her children from the trust.
Barbara's answer
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Answered on June 28, 2018
You can attack the trust on the basis of lack of capacity, undue influence, or possibly fraud. You have a high burden of proof. A diagnosis of...
Archived
Irrevocable trusts
Barbara's answer
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Answered on June 28, 2018
If your mother's trust specified repayment of loans from a beneficiary's share, then your trustee had no legal authority to destroy the evidence of...
Archived
Can mother put me on deed of house so that when she passes it’s left to me?
Barbara's answer
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Answered on June 28, 2018
It is possible to pass a house via a deed. I normally recommend strongly against doing this, as one way of doing this complicates things enormously...
Are appraisals needed after Mom died with a living trust?
Barbara's answer
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Answered on June 28, 2018
If you’re planning to sell the house right away, you don’t need an appraisal. You can presume that the price when sold to a disinterested third...
Archived
My mom wants a divorce and lives w/her husband in his deceased mother’s house, his siblings want to sell is she entitle to any?
Barbara's answer
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Answered on June 27, 2018
Mostly likely, she would have no right to any share of the house. An inheritance is separate property.
Archived
Legal guardian has died. His biological mother gave up rights. Can I, the biological father have custody?
Barbara's answer
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Answered on June 26, 2018
You could go to court and petition for guardianship.
Archived
What can a caregiver do to stop eviction
Barbara's answer
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Answered on June 26, 2018
Please re-post your question. The headline talks about eviction and the body discusses theft by agent under power of attorney.
Archived
How do we get access to 83 y/o dementia mother's financials?
Barbara's answer
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Answered on June 26, 2018
I’m sorry, but if you don’t already have a power of attorney she signed while she had capacity, you will need to file for a conservatorship. A...
Archived
How do I find out if probate was filed on my ex-husbands death if we had property together.
Barbara's answer
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Answered on June 26, 2018
Probate is public. So you could do a search on the Solano County Superior Court website to see whether there was a probate filed. Because you were...
Archived
Is it possible to revoke an irrevocable trust that was set up for Medicaid purposes?
Barbara's answer
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Answered on June 26, 2018
The probate code provides ways for an "irrevocable" trust to be terminated. There are very precise steps to be followed. I would recommend you...