My Father is in hospital and his wife may choose to withdraw care. What rights do I have as an adult child?
Barbara's answer
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Answered on June 12, 2018
A spouse has priority over an adult child in making healthcare decisions. Try to engage her in conversation about your reasons for hope. But also...
Archived
Is a trust legally binding when a trust is amended to repay money ?
Barbara's answer
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Answered on June 12, 2018
The successor trustee of the trust can’t amend a trust after the trust maker is deceased. The only rare exception MIGHT be if the successor trustee...
Archived
Can I ever get my Son back?
Barbara's answer
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Answered on June 12, 2018
In our area, the court investigator does real investigations. I’ve heard that in some counties they don’t do much. There’s a missing piece in this...
Archived
What power does an executor of a trust who is also a beneficiary of same said trust have?
Barbara's answer
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Answered on June 11, 2018
You are required to be impartial between your brother and yourself. Because your father failed to put those wishes in writing, you have to put...
Archived
What happens in CA to the tenants i have leased my home to if I lose a probate case that ultimately ends my ownership of home?
Barbara's answer
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Answered on June 11, 2018
His sister, as successor trustee, should complete the transfer to him. Then you will need to do a probate. The house would be his separate...
Archived
How to transfer ownership of a properties across multiple states?
Barbara's answer
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Answered on June 11, 2018
I’m confused. Your parents are divorcing, but your attorney wants you to get deeds? You can’t just do a transfer of unspecified property. Transfers...
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How do I get deed of house in my name after death of friend who gave it to me when its still in his moms trust/name?
Barbara's answer
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Answered on June 10, 2018
I’m so sorry you’re dealing with legal issues while battling cancer. From what you’ve written, it appears your friend “gave” you something he...
Archived
Is is there a time limit for a trustee of a real property to enforce a rental agreement on a beneficiary that lives in the home
Barbara's answer
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Answered on June 10, 2018
Thanks for not posting a 5-paragraph question. But there isn’t quite enough info. If there’s a written rental agreement and it’s never been...
Archived
Can I obtain a letter of testamentary from the court in one day without the need to go through probate?
Barbara's answer
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Answered on June 10, 2018
The answer to your specific question is “no.” You’ll have to file for a probate, and then get an order that his separate property inheritance...
Archived
When a bank sets up a trust for somebody, don't they have information on the Executor? Like his or her address, phone number?
Barbara's answer
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Answered on June 10, 2018
You mention the bank "setting up a trust", but then talk about an executor. If there's a trust, the bank should have the name of the trustee, but...