Archived
How can I replace the trustee of my special needs trust? I also never received full accounting and disclosure of the trust
Christine's answer
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Answered on August 15, 2018
You will want to get an attorney to write a letter asking the trustee to resign. If the trustee refuses, you will have to file a Petition for...
Archived
Filing false claim as only beneficiary ? is there statue limitations for bring will forward. Much later ?
Christine's answer
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Answered on August 15, 2018
Your question is a little confusing but if you are asking, if there is a statute of limitations to probate a will, the answer is no. HOWEVER, if...
Archived
When I waive a bond in the process of probate on an Estate, what am I actually doing?
Christine's answer
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Answered on August 15, 2018
It means if the personal representative of the estate runs off with the money, you have no recourse. If bond is required you could go after the...
Archived
How can I stay in the home I've lived in for 40 yrs that I've been paying to my inlaws if both died left it to a trustee?
Christine's answer
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Answered on August 15, 2018
I agree with Mr. Armstrong. I would only add, if you have evidence that you were supposed to keep the house, you may be able to quiet title. ...
Archived
If executor claims there isn’t a wil. When there really is one. Is that legal
Christine's answer
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Answered on August 15, 2018
Unfortunately this is common, and if you don't know where a copy might be or who drafted it, there is a good chance it will never surface. In...
Archived
Spouse thinks of divorce, no action taken yet, but he says he will not let me into our residence after I return from vacation !
Christine's answer
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Answered on August 15, 2018
It is as much your house as his. Yes you have the right to go home. That said if divorce does happen it may be uncomfortable to stay there for too...
Archived
Can a personal representative Under probate code 850 and 9820 commence an action on behalf of the descendant against a third...
Christine's answer
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Answered on August 15, 2018
Can the file the lawsuit, yes. Can the win against all parties, that depends on the evidence. If the caregiver did not know, they would not be...
Archived
What documents do I need to demand a full accounting of a trust that is being managed by an attorney?
Christine's answer
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Answered on August 15, 2018
Simply write a letter demanding an accounting. The trustee would have 60 days to complete it. If not done by then, file a Petition to Compel...
Archived
Me and my sister were never notified about my dad's house in probate. Is it too late to contest the spouse being the admin?
Christine's answer
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Answered on August 15, 2018
Get an attorney and have her removed. She will still get her share but won't be in control anymore. Note that since this was filed in January it...
Archived
Can I stop a quiet title action that I already filed and reschedule it 3 months later? Without prejudice?
Christine's answer
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Answered on August 15, 2018
You will need to move quickly to get another attorney. That attorney may be able to get a continuance of trial. With regard to the $1,200, I am...