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My wife is having issues with an inheritance because her birth certificate does not have her correct last name on it.
Edward's answer
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Answered on March 02, 2015
Hello: I cannot see why an error in a birth certificate would cause issue with inheritance from your wife's father. She is his daughter, no matter...
Archived
I am assisting my mom in administrating my step father's estate. Estate is under 10K. My mother was appointed admin limited IAE
Edward's answer
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Answered on March 02, 2015
Your mother must file her creditor claim asap. As administrator she must present her claim to the court (she cannot accept her own claim). Funeral...
Archived
Attorney "required" to quit if family members don't agree in the next 45 min about something we have never discussed?
Edward's answer
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Answered on February 20, 2015
I am sorry for your stress. My favorite saying is a man can serve but one master. The same holds true for counsel. If you hired an attorney, as...
Archived
In need of a contingency Probate attorney?
Edward's answer
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Answered on February 20, 2015
The law requires your sister to tender an accounting to you, if you are a beneficiary of the trust, no matter if litigation is pending against her....
Archived
How do I keep a Probate/Civil matter, that is somewhat complex, but the estate is under $50,000 out of Probate court?
Edward's answer
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Answered on June 08, 2014
First, I am sorry for this sad series of events.
Second, this case may be one in which the cost of remedy is too great. I am not saying it is...
Archived
Can a Remainder Beneficiary of a Trust have the Statute of limitations waved or extended due to Trustee Breach?(Trustee is dead)
Edward's answer
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Answered on June 08, 2014
If the claim was viable as of the trustee's death, you may have up to a year to file against his estate. But that can be shortened if the trustee's...
Archived
My father remarried a woman for the past 28-30 yrs. Most assets are in his IRA;- in CA can she get all-or just 1/2 as comm prop?
Edward's answer
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Answered on June 08, 2014
This is not a community property issue but an ERISA issue. ERISA is the federal law that governs retirement accounts. Your father's will cannot...
Archived
I am an out of state executor for my father's estate and need help getting his name off title to his car.
Edward's answer
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Answered on June 08, 2014
The car is titled in the name of a decedent. If he passed over a year ago, and if the car is in the possession of another, it is not all that...
Archived
Hello. I own a home (bank holds deed of course) with only me as a married man on the title. (purchased 6 mo. before I got marri
Edward's answer
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Answered on June 08, 2014
Sometimes simple is better than complex. For the costs of the legal work you need to effectuate your desire, you would likely be able to buy a...
Archived
Under California Probate Law what is the time frame required for the Trustee to reply to demands made by the beneficiary
Edward's answer
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Answered on June 08, 2014
Be careful under 16061.7 you have a limited time to contest the trust. Make sure you don't miss that deadline waiting for responses. I would think...
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