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I received an Application for Adjudication of Claim to file regarding Death Benefits I am receiving. Do I have to file it?
Christine's answer
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Answered on August 20, 2014
You must speak with an attorney directly and show them the application. I would certainly not ignore it as a decision could be made for you that...
Archived
Can I sue the wife of my late father?
Christine's answer
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Answered on August 19, 2014
Potentially. It depends upon how long they were married and what he owned prior to the marriage. It also depends whether he had a will or trust. ...
Archived
What will happen to our house when my Dad dies? Me, my wife & Dad are on the deed, but the mortgage loan is my dad's name only
Christine's answer
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Answered on August 19, 2014
I have a little different take. It all comes down to how title is held and what part of the home would become part of your father's estate. I...
Archived
Can non-probate estate assets be used to pay estate debts such as legal bills and marital allowance?
Christine's answer
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Answered on August 19, 2014
Probate is probate. If assets fall outside of probate, they are not subject to the probate creditors., including final expenses. The assets she...
Archived
Who is responsible for the selection of a trust's successor trustee?
Christine's answer
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Answered on August 19, 2014
As stated, you would start with the trust to see if it has a contingency for this situation. If not, you would file a Petition for Appointment of...
Archived
What a formal annual Trustee offering accounting should include?
Christine's answer
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Answered on August 19, 2014
If you look at what an accounting format is for a probate (see Nolo Press, the internet or Rutter Probate), it will give you a good idea of what a...
Beneficiary designation on my company's pension plan. If I die, I want the benefit to go to my husband. If he dies, my daughter
Christine's answer
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Answered on August 19, 2014
You can designate the beneficiaries as you have described. That said, if you both die before you children are 18, their share will have to be...
How do we avoid Medi-Cal recovery after I pass and my wife is the survivor?
Christine's answer
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Answered on August 19, 2014
Life insurance is not part of a decedent's estate (as long as there is a beneficiary designated on the policy) and would therefore not be available...
Archived
My wife and myself have been on Medi-Cal for one year.
Christine's answer
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Answered on August 19, 2014
This would not be applicable to your situation as life insurance is not an estate asset subject to Medi-Cal reimbursement.
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Archived
Can my Dutch mother file a petition for probate in Ca for the inheritance of her deceased brother naturalised as American?
Christine's answer
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Answered on August 19, 2014
I agree with Ms. Santaella. Your mother can file a Petition, but it is likely that her sister's petition will be approved over your mother's due...