Archived
*Rephrased Q?" Can someone claim they paid for an item that is listed in the will as an asset to be sold, and take it?
Barbara's answer
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Answered on August 15, 2017
Her husband is legally entitled to everything they acquired while married (unless they had a pre-nuptial). If the bed was acquired before the...
Archived
What happens if none of the serving family members have the money to have an layer file a will? What happens to the estate?
Barbara's answer
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Answered on August 14, 2017
Family members will have to decide whether the estate is worth probating. It seems like with 3 parcels of real property, it would be. In...
Archived
In Estate situation in probate, need advice....
Barbara's answer
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Answered on August 13, 2017
The advice that you tell the sibling that your father died intestate and is being administered in a probate under the rules of intestate succession...
Archived
Mom with dementia married man she just met. He changed her will and has no plan to actually care for her needs at all! Help!
Barbara's answer
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Answered on August 13, 2017
There is no easy option. Your mother could possibly get the marriage annulled, or she could get a divorce. But YOU cannot get the marriage...
Archived
In california a mother dies leaving 4 children, no spouse. One child predeceased her leaving 2 children, one child died after?
Barbara's answer
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Answered on August 13, 2017
Assuming that there's no will or trust, all four children would take in equal shares. The share of the pre-deceased child would go to his children....
Archived
California Man dies without a will. Never married, no children, parents no longer living.
Barbara's answer
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Answered on August 12, 2017
The deceased sibling's share will go to his children.
Need cancel durable power of attorney do not have original copy or date it went in can I revoke it covering all conditions
Barbara's answer
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Answered on August 12, 2017
You should contact Adult Protective Services about this. At a minimum, they should force the family member to give you your ID, and give you an...
Sister has mom's durable power of attorney, but rejects to sell mom's house to pay for mom's expense.
Barbara's answer
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Answered on August 10, 2017
Legally, your sister owns the home when your mother dies. Did your sister live in the home with your mother while your mother was in California?...
Can I travel
Outside the country for a vacation with my son who is under a conservatorship?
Barbara's answer
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Answered on August 09, 2017
If you are the conservator, or the conservator agrees to the trip, you should be fine, as the other attorneys have said. You will need to get him a...
Is there anything called squatters rights or do people who stay in others homes have rights were they don't have to leave.
Barbara's answer
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Answered on August 09, 2017
This is elder abuse, and your parents should both give them a 30-day notice (post it on the "lair" as well as mailing it), and file for an elder...
