Archived
How can I get appointed as personal representative for my son's estate in which I plan on using the small estate procedure?
Christine's answer
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Answered on September 16, 2015
Based upon the information you have provided, you may well have to file for probate even though the estate is under $150,000. If he had no spouse...
For the probate document what does "issue of predeceased child" mean?
Christine's answer
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Answered on September 16, 2015
Children of a child who died before the decedent.
Archived
MY BROTHER DIED, HE LEFT A WILL AND TESTAMENT HE LIVE IN CALIFORNIA. HOW CAN I MAKE SURE HIS 50% IS DISTRIBUTED WITHOUT PROBATE.
Christine's answer
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Answered on September 15, 2015
You cannot avoid probate if there was only a will and certainly if she refuses to honor his wishes.
Archived
Do I need a probate attorney to address the negligence of the executor of a will?
Christine's answer
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Answered on September 15, 2015
You would need an estate litigation attorney. If you are not a beneficiary of the trust you have no standing to sue. If your mother gives you...
Archived
My grandfather's wife is claiming everything has been left to her and won't allow anyone to read docs. What are my rights?
Christine's answer
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Answered on September 15, 2015
A legal heir is entitled to a copy of the will and/or trust. Wills and trusts are not "read". What you need to do is have an attorney write a...
Archived
Is there a statute of limitation on probate?
Christine's answer
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Answered on September 15, 2015
No. The question is has probate been closed and distribution been ordered? Also, who is the executor/administrator and have you contacted that...
Archived
Do I need a signed document from my mother giving me signing permission?
Christine's answer
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Answered on September 14, 2015
A general power of attorney would be best. If she can sign an "X" and have that notarized you should be okay. Best to meet with an estate...
Archived
DE-111 Petition for Probate of Will and for Letters of Administration with Will Annexed.
2. b. what box do I check 2 or 3
Christine's answer
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Answered on September 14, 2015
Box 2. If you are sole heir you should be fine.
Archived
When will I get my share of my deceased moms life insurance?
Christine's answer
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Answered on September 14, 2015
Contact the insurance company and ask for a claim form.
Archived
Do we need a legal rep to request for ADR/Mediation?
Christine's answer
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Answered on September 14, 2015
If the court orders mediation both parties must comply. If you want to mediate informally, both parties have to agree.