Archived
When my grandfather let my sister who is his p.o.a. borrow his truck from him thru her can she legally refuse to be returning it
Barbara's answer
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Answered on November 03, 2018
Acting as his agent, she's likely within her authority to remove the truck from him to keep him from driving if he does not have a license. But she...
Archived
Is there a way to change the pay-out schedule in a Trust/Will?
Barbara's answer
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Answered on November 02, 2018
To change the distribution, you have to petition the court,. Then there’s a hearing where a judge decides. Approval is not automatic. The...
Archived
Can a lawyer force me to obtain an attorney?
Barbara's answer
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Answered on November 02, 2018
The attorney who drafted the trust has nothing to do with the administration unless the trustee hires them to help with the administration. You...
Archived
What rights do I have?
Barbara's answer
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Answered on November 02, 2018
The home is his separate property. If there was a mortgage on the property and he paid it with earnings from a job, you might have acquired an...
Archived
In probate matter isn't the assigned administrator attorney responsible for paying all liens on the estate?
Barbara's answer
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Answered on November 01, 2018
The executor is responsible for paying all valid claims. Their attorney can advise them of the law, but ultimately does not control the...
Archived
Is it illegal in California to take money from a deceased account?
Barbara's answer
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Answered on October 31, 2018
If the account is in the name of the church, the funds belong to the church, not to individuals.
I'm very concerned about your practices. How...
How do I petition objection to conservatorship from my sister and use restraining order against her, her son, her agents?
Barbara's answer
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Answered on October 31, 2018
I would STRONGLY urge you to hire an elder law attorney to assist you with this process. Often, when someone tries to object to a conservatorship...
Archived
What is the process, in Orange County California, to change the Active trustee/Executor of a living trust?
Barbara's answer
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Answered on October 31, 2018
You can't amend a trust once the settlors (trustmakers) are both deceased. If the trust allows, your sister can simply resign and appoint you, in a...
Archived
Can a lawyer draw up a trust with someone who doesn't read or understand english very well at all? This happened in 2013.
Barbara's answer
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Answered on October 31, 2018
If this is an ethics question, the attorney is required to be sure their client understands what they are saying. It is legal to have a discussion...
In CA, who needs to set up a special needs trust, the executor or the beneficiary, if nothing was set up in advance?
Barbara's answer
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Answered on October 30, 2018
The executor should set up the trust. It's part of administering the trust. The executor should consult with the probate attorney for guidance on...