Archived
Do administrators or trustees have to notify the heirs? If there is no estate must we go through probate court?
Christine's answer
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Answered on October 01, 2014
You are correct, if she has no assets then there is nothing to gain by being trustee/executor. If there is no will however, he could not be...
Archived
How long tdoes it take to get my notice of entry of judgement
Christine's answer
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Answered on October 01, 2014
Every court is different. It depends upon their caseload at the time. I would expect a couple of weeks and be pleasantly surprised if it is sooner.
California court rule 3.250 days that request for documents etc. may not be filed.
Christine's answer
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Answered on October 01, 2014
You can do one ex-parte to compel responses to all discovery if all answers are past due and you have attempted to meet and confer without success.
Archived
Can the executor and main beneficiary sell house to avoid paying possible civil judgement?
Christine's answer
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Answered on October 01, 2014
If she is the plaintiff in a civil lawsuit, there should be no risk of judgment against her unless there is a cross-complaint, so it should be a...
Archived
Is undistributed inheritance considered part of the net worth of a beneficiary from IRS's point-of-view?
Christine's answer
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Answered on October 01, 2014
Until assets are distributed, they are not yours. The estate is its own entity with its own tax id number. While the estate is open, it will be...
Archived
If property was taken out of house before death, is it part of the estate?
Christine's answer
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Answered on September 30, 2014
The other attorneys are correct, but the issue will be whether or not your sister agrees the items were taken by her for "safekeeping" or whether...
Archived
What if property was located a long time after probate closed and estate distributed?
Christine's answer
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Answered on September 30, 2014
The country where the property is located will have jurisdiction over that property so their rules will apply to the disposition of that property. ...
Archived
I live in CA & received papers in the mail to appear in NY (BX) probate court. Is there a form to appear by phone?
Christine's answer
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Answered on September 30, 2014
If you want to object to the appointment of your step-sister, you must either appear and object or hire an attorney. I strongly encourage you to...
Does property specifically bequeathed to an individual have to be included in the value of the estate in a probate case?
Christine's answer
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Answered on September 30, 2014
If it is part of the estate it must be included in the estate. All items of value need to be inventoried.
Archived
Can I remove a levy from my property?
Christine's answer
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Answered on September 30, 2014
First, I hope you have an attorney for this and have done an accounting. A CPA cannot legally deduct a portion based on the claim that $400k is...