Archived
What happens if I miss a hearing on a stipulation judgement and a default has granted? I got the dates wrong and missed my hear
Christine's answer
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Answered on June 28, 2018
You got the date wrong? Something this important. You will have to fall on the mercy of the court and see if they will set aside the default. ...
Archived
Do I have to go to small claims court for my security deposit in California if I have now moved out of state?
Christine's answer
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Answered on June 28, 2018
If you want to pursue it, yes you will have to come back for the trial in small claims court. You have a good chance of winning based on your facts.
Archived
My sister is the excuter of my dead mother’s estate. Can she sell property owned by the 3 living daughters in the trust??
Christine's answer
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Answered on June 28, 2018
The only way to answer this question is to read the trust. If there is an outright distribution to the 3 of you, you should all be able to decide...
Archived
How to proceed after receiving letter notifying me that my sibling took our mom in and had a new Irrevocable Trust executed.
Christine's answer
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Answered on June 28, 2018
Your recourse is to contact adult protective services and contact a conservatorship attorney to ensure that your mothers interests are protected
Archived
What are the benefits of a small estate affidavit?
Christine's answer
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Answered on June 28, 2018
The benefit is that you avoid probate. That said, if the amounts that are "left over" exceed $150,000 gross, probate will be required. If you...
Do I need to serve Ex Parte Orders on respondent if the they went to the Ex Parte hearing over the phone, or can I email a copy?
Christine's answer
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Answered on June 28, 2018
Yes you need to serve the order if you submitted one. A non party can do it by mail however. You do not need a process service. Whoever serves it...
How do we evict a brother from deceased parent’s home so it can be sold.
Christine's answer
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Answered on June 28, 2018
As trustees you need to go through the eviction process. See a landlord tenant attorney. Unless the trust states otherwise you have the right to sell.
Archived
Will I have to pay any debts of my Father after a small estate affidavit has been filed with his bank in California?
Christine's answer
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Answered on June 28, 2018
The debts are to be paid from the estate. That money in his account is part of his estate. It should be used to pay his debts. If insufficient,...
Archived
Can a Trustee not send you your money when asked and take from the Trust as one feels with out you knowing and billing you ?
Christine's answer
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Answered on June 28, 2018
The trust sets out the terms of what a trustee can do. It sounds however like this trustee may be self-dealing and not acting impartially. It...
Is it legal for a bank employee to print out your bank statements and bring them to you ?
Christine's answer
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Answered on June 28, 2018
Yes it is legal and I agree your father got special treatment. It is a shame this upset him but the bank did nothing wrong.