Questions answered by Christine James

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My father died last year and left everything to his s.o. I'm an only child and left with nothing.

Christine's answer | Answered on February 28, 2014

If you are an only child, how are you not next of kin? Yes you need to see a will or trust, in fact you were due a copy within 60 days of the...

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Once granted the TRO, what do you serve the defendant with if judge wanted to hold on to evidence but clerk returned evidence?

Christine's answer | Answered on February 28, 2014

It would be wise to serve the evidence as that was the court's order (regardless of whether it was returned to you). Put in your proof of service...

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My older sister was named the executor of my mothers estate, neither my brother or I received our 33 1/3% share...what can I do

Christine's answer | Answered on February 28, 2014

You MUST speak with an attorney directly ASAP and give them the case number of your mother's probate. There are many variables that will determine...

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If a Reverse Mortgage is excluded in a Will, does that void said Will?

Christine's answer | Answered on February 28, 2014

Probably best not to take legal advise from a realtor. The will is certainly NOT invalidated because the reverse mortgage was not included in it. ...

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Is a hand written will valid at California and Oregon?

Christine's answer | Answered on February 28, 2014

There are many factors to determine if the will is valid. If it is it would be valid in both states, as long as properly executed in the state he...

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Is their a process that will enable a car be gifted to a heir as soon as letters of administration are received?

Christine's answer | Answered on February 27, 2014

The administrator can transfer the car while the probate is pending however the proper way to do it would be to ask the court for a preliminary...

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Life Insurance Payout .. Change in beneficiary during divorce

Christine's answer | Answered on February 27, 2014

You need to meet with an attorney ASAP and see how far along the divorce was and if your brother was in violation of the mandatory restraining...

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Can married couple hold Tenancy in Common for unequal division of interests?

Christine's answer | Answered on February 27, 2014

I agree with the other attorneys regarding title. You may want to look at another option. A living trust. You can spell out the equalization...

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As trustee and have POA for my Mother who is in a memory care unit would I be able to deduct gas mileage for Dr apt and meetings

Christine's answer | Answered on February 27, 2014

If you are asking, as an agent under a POA, whether you can charge the "estate" for these items, the answer lies with what the POA says. I might...

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UD Default judgement

Christine's answer | Answered on February 27, 2014

Sending back the letter was your downfall. You needed to be more proactive and it will be an uphill battle for you to get the default set aside...

Christine James's Answers (20819)

My father died last year and left everything to his s.o. I'm an only child and left with nothing.

Once granted the TRO, what do you serve the defendant with if judge wanted to hold on to evidence but clerk returned evidence?

My older sister was named the executor of my mothers estate, neither my brother or I received our 33 1/3% share...what can I do

If a Reverse Mortgage is excluded in a Will, does that void said Will?

Is a hand written will valid at California and Oregon?

Is their a process that will enable a car be gifted to a heir as soon as letters of administration are received?

Life Insurance Payout .. Change in beneficiary during divorce

Can married couple hold Tenancy in Common for unequal division of interests?

As trustee and have POA for my Mother who is in a memory care unit would I be able to deduct gas mileage for Dr apt and meetings

UD Default judgement