Archived
How How can a medical facility release a patient that has dimension to another person doesn't have power of attorney over them ?
Barbara's answer
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Answered on February 15, 2018
A person who is not conserved can leave a facility anytime they want with anyone they want. If you feel your mother’s dementia makes her...
Archived
Ssi receipient wants to protect future lumpsum benefits with a special needs trust.
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Barbara's answer
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Answered on February 14, 2018
You need to set up an appointment with an attorney who has experience in drafting first-party special needs trusts. Websites where these attorneys...
Are Trustee(s) signatures required or recommended on "notification by trustees under CA Probate Code Section 16061.7"?
Barbara's answer
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Answered on February 13, 2018
You should be able to send it out with just one trustee signature. But here's a better option:
Email, fax, or even snail mail the form to the...
Archived
Do I have to send a Notice of Hearing for Petition for Final Distribution & Waiver of Accounting to the decedents grandchildren?
Barbara's answer
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Answered on February 13, 2018
First, the children of any deceased children (your nieces or nephews) are entitled to notice, and have been entitled to notice since the beginning...
Archived
I was fired while I was out if town and caring for my dying mom. I was told a few different reasons and after requesting my file
Barbara's answer
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Answered on February 13, 2018
This has nothing to do with probate. I'm changing it to employment law. But employment in California is almost always at-will. You can quit or the...
Does an executor have the right to the key/to enter the deceaseds home when the daughter is living there before/after the death?
Barbara's answer
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Answered on February 09, 2018
Even though you are not paying rent, you have the status of tenants. The executor (landlord) is only allowed to enter for valid reasons, such as...
Archived
Will property tax be adjusted if my parents transfer their rental properties to me when they are still alive in Los Angeles, CA?
Barbara's answer
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Answered on February 09, 2018
Your parents can transfer up to $1 million in property value to you without reassessment. But as others have said, the capital gains situation...
Archived
Real Estate/Probate question
Barbara's answer
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Answered on February 09, 2018
This sounds like a complex arrangement. The agreement and subsequent deed and/or trust should be drafted by an attorney.
Archived
Can someone be forced to show your family members Trust?
Barbara's answer
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Answered on February 08, 2018
A trustee is legally required to send notice and a copy of the trust to heirs and beneficiaries when the trust becomes irrevocable -- typically...
Archived
How can I get royalty checks paid to my dad on land she owned with her brother. Mom died Christmas morning
Barbara's answer
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Answered on February 08, 2018
You will need to speak with an attorney in Oklahoma. Here in California, that interest wouldn't go entirely to your father. It was almost certainly...