Archived
What happens if the person in line for intestate succession as heir does not file to open probate??
Christine's answer
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Answered on May 20, 2018
Any interested person can file for Probate. You will want to use an attorney under these circumstances to do all you are legally required to in...
Archived
Can a petition or motion be filed against the person that is fraudulently calling himself the trustee of my brothers estate...
Christine's answer
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Answered on May 20, 2018
I agree this is way to complicated for a general question and answer site. You need to have all documents reviewed by an attorney to determine...
Archived
How can I get ordered visitation with my children. The grandma and aunt have guardianship. On the deceased fathers side.
Christine's answer
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Answered on May 19, 2018
Are you employed? Do you have a safe clean place for the children? Start there. At the same time, go to court and get visitation orders and work...
Archived
Does Pour-Over Will need to get notarized in California or getting it signed by 3 witnesses is adequate? Thank you!
Christine's answer
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Answered on May 19, 2018
Wills in CA are not notarized but witnessed.
Archived
How do I file a claim of elder fraud abuse? on my mother by one of my sisters.
Christine's answer
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Answered on May 19, 2018
How? Honestly - get an attorney. This is not something people can be successful at on their own.
Archived
Are probate attorneys supposed to handle letters of testamentary when they do a short probate?
Christine's answer
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Answered on May 19, 2018
If the court gave an Order on Petition to Determine Succession to Real Property, escrow needs to change the check. If there is no order you may...
Archived
Medical liens on a house that my mom & dad had need to know the new laws that could benefit me as a son in probate?
Christine's answer
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Answered on May 19, 2018
If there is no Trust and probate is required, it is possible the liens will have to be paid back. A good attorney can assist you in reducing the...
Archived
Can i extend time to meet and confer?
Christine's answer
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Answered on May 19, 2018
More information would be required to give you a meaningful answer but generally meet and confer is encouraged and unless you are up against a hard...
Archived
In Small Claims Complaint, do I need to identify the Family Trust as the Plaintiff, or can I just identify plaintiff by name?
Christine's answer
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Answered on May 18, 2018
If you are suing on behalf of an entity such as a trust, you must sue in that capacity as that is the party who is entitled to recover.
Is it standard protocol for probate attn. to request to be admin and have client sign power of attn so they may handle estate?
Christine's answer
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Answered on May 18, 2018
It is NOT common and a cause for concern unless there is a good reason for the attorney to act in that capacity. Get a second opinion!
