Archived
In dependency hearings what is the difference between a jurisdictions setting and jurisdiction hearing?
Christine's answer
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Answered on July 06, 2014
There is no real difference. It sounds like proper jurisdiction will be determined at the hearig.
Archived
When the Residuary gift is in the form of a Class Gift & there's the brother of the testator getting 1/2 of the residuary & if..
Christine's answer
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Answered on July 06, 2014
It is unclear what should happen based on your description. Have an attorney review the clause and discuss who is living and who is not to...
Archived
My father died in January of this year. My mother is trying to sort through everything as dad took care of it all.
Christine's answer
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Answered on July 06, 2014
As has been suggested by the other attorneys, your mother sounds overwhelmed by everything and really could use some help. Without seeing the...
Archived
If I wanted to give notice to the probate court of Breach of Duties as well as other causes of action committed by a trustee,
Christine's answer
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Answered on July 06, 2014
Both or either. This is not an easy thing to show on your own. Hopefully you have at least had a consultation with an attorney.
Archived
I need help with my rights regarding a "living will" which i am a beneficiary, i haven't heard from the executor
Christine's answer
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Answered on July 06, 2014
Are you the beneficiary of a will or a trust? The administration of each is different and what you can expect is therefore different. If you are...
Archived
In CA, is there a limit to how much the executor can charge the estate or how long they can take before they disperse funds?
Christine's answer
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Answered on July 05, 2014
It sounds like your mother's estate was handled via a trust administration. Therefore she would be acting as trustee not executor. If that is the...
Archived
How can I get a wrongful death payout to go towards my mothers last wishes? Then any remaining monies allocated to siblings?
Christine's answer
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Answered on July 05, 2014
Unfortunately a wrongful death payout belongs to your mother's estate. Therefore all of her heirs are entitled to share in the assets and...
Archived
Do I have to sell my house in probate if I payed all the back taxes from 3 years back taxes that my sister left
Christine's answer
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Answered on July 03, 2014
If you can but out any other heirs or get them to agree to rent it you would generally not have to sell. Other heirs have the right to force a sale...
If I am a pro per litigant, can I use a subpoena duces tecum to request documents?
Christine's answer
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Answered on July 03, 2014
In CA a pro se litigant must get court approval to issue a subpoena.
Archived
Can I cancel fraud deeds in Probate?
Christine's answer
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Answered on July 02, 2014
It can be handled in probate but it would be a separate petition under probate code section 850.
