Archived
Mom had a trust in Calif. She married then divorced her husband 2 yrs ago. She just passed away and didn't change the trust.
Barbara's answer
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Answered on February 18, 2018
In California a divorce voids any appointment of the ex-spouse as a fiduciary (e.g., successor trustee) and as a beneficiary. So legally it’s as if...
Archived
My father purchased a home in CA, my sister and her husband live there with no written lease agreement. How does he evict?
Barbara's answer
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Answered on February 18, 2018
Unfortunately, they will have to begin eviction proceedings. They should meet with a landlord-tenant attorney to be sure they do this properly. If...
Archived
What can we do?
Barbara's answer
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Answered on February 18, 2018
You should meet with a medical malpractice attorney.
Archived
In california, can you contest a will if your father's wife was married to two men at the time the will was written?
Barbara's answer
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Answered on February 17, 2018
You have to do more than contest the will. If there were no will, his wife would automatically receive 1/3 to 1/2 the estate. If your father died...
Archived
Does a last will and testimony overpower the trust?
Barbara's answer
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Answered on February 17, 2018
Mr. Pankowski gave you a very thorough answer. The first thing is to find how the home is titled. If it’s in the name of the trust, the trust...
Archived
What do I do?
Barbara's answer
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Answered on February 15, 2018
You don’t say how old your late husband was. If all the pension was earned while he was married to the ex-wife, and you married him after he was...
Archived
I owe money to a church friend due to my illness which is cirrhosis and liver cancer I have not paid him. He filed small brainse
Barbara's answer
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Answered on February 15, 2018
If you owe money you should pay as much of it as you can. Your friend must need the money. The judge in small claims will probably issue a judgment...
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.
?
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...