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Christine James's Answers (20819)

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My mothers home is in her name and mine as if something happens to one it goes to the other. There is no will.

Christine's answer | Answered on May 25, 2014

I believe this is a duplicate question. The others have given good answers but remember it depends upon HOW the property is titled. If it is...

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What happens if I sign the proof of service by mail and send a copy to other attorney?

Christine's answer | Answered on May 25, 2014

I agree with Mr. Kopelson. It is not as big of a deal that you signed it before you mailed it, but if you are a party to the action, you should...

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When my mother passes away, how quickly can I get her friend to move . there is no will, no lease and home is in my name also.

Christine's answer | Answered on May 25, 2014

It depends upon how title is held. If probate is necessary you have to get legal authority through the courts before you can evict the person, so...

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Moms bank estate was taken by executor/caretaker daughter for herself as beneficiary on moms account. claims money is gift to me

Christine's answer | Answered on May 24, 2014

You may want to reconsider your position. A person who is listed as a beneficiary on an account is the owner of that account when the primary...

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If i received a DELAYED ACCESS TO UNLAWFUL DETAINER CASE FILE by mail what does this mean?how do i get access to this file?

Christine's answer | Answered on May 24, 2014

See my previous response. This appears to be a duplicate post.

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Can I avoid probate if my father has both a will and living trust?

Christine's answer | Answered on May 24, 2014

The other attorneys have provided good answers. I would just add that if there are assets NOT titled in the name of the trust but referenced in...

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Will granting a life estate to a remainderman trigger a call on the loan of the life tenant either while is alive or deceased?

Christine's answer | Answered on May 24, 2014

A much clearer understanding of what is going on is needed to know what you should and/or should not do. The first thing that is glaring to me is...

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If i received a DELAYED ACCESS TO UNLAWFUL DETAINER CASE FILE by mail what does this mean?how do i get access to this file?

Christine's answer | Answered on May 24, 2014

I am not sure what a "delayed access to unlawful detainer case file is". What seems clear however is that you are likely going to have to move and...

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Two questions about stepping in as successor trustee for my grandmother.

Christine's answer | Answered on May 24, 2014

FIrst look to the trust to see under what conditions and what documentation is needed for you to step in as successor trustee. Some trusts require...

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Need administrator be paid exact the same as probate attorney? negotiable?

Christine's answer | Answered on May 23, 2014

Your question is not entirely clear. Generally speaking, the statutory fee for the administrator and attorney are the same. Both the...