Archived
When a person dies owning ALOT of real estate ie; different rental units, houses, lots, ect... Say there was a really dishonest
Edward's answer
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Answered on May 12, 2014
You can go to the county recorded in any county in which he owned real estate and search the grantor/grantee index for his name. You will find...
Can my Mom use the Spousal Property Petition to avoid probate if my Dad's will left everything to my Mom's living trust?
Edward's answer
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Answered on May 12, 2014
A spousal property petition is for property passing to a spouse. If the will left things to a trust, that is not a spouse. So no, you cannot use a...
Archived
What code (number) addresses fiduciary liability for a conservator of the estate in California who wastes Conservatee's estate?
Edward's answer
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Answered on March 23, 2014
section 859 sets forth damages if I recall correctly, and they are severe for intentional misappropriation.
Archived
Do we need a probate attorney? Or is this a lost cause?
Edward's answer
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Answered on February 28, 2014
You have at most 1 year from her death to sue on any claim your mother had when she died. See CCP 366. You must open a probate before 1 year from...
Archived
How do I keep Trust from distribution after Order is filed and before my Petition for Reconsideration?
Edward's answer
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Answered on August 24, 2013
You can ask the Court to issue a restraining order pending the ruling on your Petition for Reconsideration. The standard for a restraining order is...
Archived
As conservator of stepfather, can I make a trust for his estate now that he is in hospital expected to go to hospice
Edward's answer
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Answered on August 24, 2013
A conservator can file a Petition for Substituted Judgment wherein the conservator requests the Court permit a trust be made for the conservatee's...
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Archived
If I have a revocable trust with my husband how do I designate my "separate property?"
Edward's answer
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Answered on August 24, 2013
I love the idea of a separate property trust. Adding separate property to a joint trust agreement, no matter how well documented, risks the...
Archived
Should I file a motion to compel a Probate attorney to pay me a court ordered payment?
Edward's answer
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Answered on August 23, 2013
Lawyers in California are not the persons who 'pay' estate expenses. The executor or administrator of the estate is the person who does that. A...
Archived
Where can i find a lawyer that writes wills in Watsonville California?
Edward's answer
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Answered on August 23, 2013
Pajaro Dunes is a development just outside of Watsonville. While famous for the large flocks of birds that reside there, little know fact is that...
Archived
I suspect a Last Will and Testament was signed under duress and undue influence
Edward's answer
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Answered on August 23, 2013
I am sorry to read of your father's passing. It is not unusual for a man to leave his estate to his long term companion. That they were not married...
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