Archived
Is it possible to get a 10 percent or less contingency lawyer to handle a probate case involving around $70,000?
Christine's answer
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Answered on February 11, 2014
You should be able to do a small estate affidavit and get the asset. If the company will not accept that you will need to open probate. Is the...
Archived
In probate court, can paperwork be filed by a beneficiary who is still seeking legal representation?
Christine's answer
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Answered on February 11, 2014
You can file the declaration as long as you pay the first appearance fee of $435/$465. The clerk is not supposed to refuse to file it if you pay...
Archived
FAC demurrer is sustained and the FAC is dismissed with prejudice. Can i request to dismiss entire action without prejudice?
Christine's answer
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Answered on February 11, 2014
Mr. Martin is correct. It is unlikely dismissing your case will get the opposing party to drop their sanctions motion, and they are entitled to...
Archived
My brother and I were left money in a trust. We were to split it 50/50, My brother took his half and stole part of mine?
Christine's answer
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Answered on February 11, 2014
First, close the account so he does not take any more money. Then you have to decide if he has anything to pursue - if he spent his and is now...
Archived
Pink slip signatures.
Christine's answer
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Answered on February 11, 2014
Whether or not you are entitled to everything will have a lot to do with how long you were married and whether everything is community property. ...
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Archived
My parents have both passed away. They had a trust. In the trust I am to get my home.
Christine's answer
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Answered on February 11, 2014
You need to double check title. If actually in joint tenancy the trust does not matter and you can record an affidavit of death of joint tenant...
Archived
My sister is executor for my father's estate. He passed in California, where all his property is. She signed divorce papers
Christine's answer
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Answered on February 11, 2014
You can file for probate yourself in CA. If that is where your father lived when he died, and he owned property in CA, that is where probate...
Archived
My father passed away and his attorney will not take my calls to see the will. What do I do?
Christine's answer
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Answered on February 11, 2014
It sounds like you might want to get your own attorney to protect your interests. If you do not want to take that step just yet, you can file a...
Archived
When a civil lawsuit is filed in Probate court, does the petitioner have the right to withdraw the lawsuit at any time?
Christine's answer
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Answered on February 11, 2014
The Plaintiff can withdraw the lawsuit at any time unless the Defendant filed a counter claim. Damages for withholding the distribution would then...
Archived
Can a threat of lawsuit be used to coerce a beneficiary to accepting a settlement less than their stated share?
Christine's answer
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Answered on February 11, 2014
You will want to go over this fact pattern and the documents directly with an attorney. It is unclear what civil lawsuit was filed and why.