Archived
How long is it before a beneficiary is contacted about an inheritance after someone dies in California?
Christine's answer
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Answered on December 06, 2013
There is a range of time and sometimes it never happens. I would contact the court, see if a will has been lodged and/or a probate open. If not,...
Archived
Bank account closed and all funds removed
Christine's answer
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Answered on December 06, 2013
You have a very tough situation, especially because you don't know where your sister is. You have no recourse against Bank of America - it was...
Probate inventory: do all items inventoried have to be sold? Do sold assets have to be on inventory.
Christine's answer
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Answered on December 06, 2013
Everything has to be inventoried and the designated in the Petition for Final Distribution as going to the people named in the Will. All monies...
Archived
What is the correct form to use to file an ex parte application in probate court?
Christine's answer
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Answered on December 05, 2013
The other attorneys are correct about procedure. You also need to make sure that you can go in ex-parte. You must show exigency. If it is real...
Archived
Question pertains to Elder Law and Medicaid. Can a creditor, particularly Medicaid open a probate on a decedent's estate?
Christine's answer
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Answered on December 05, 2013
Any interested person can open probate. Creditor's don't do it very often but they can. The good news is there is a chance that you can probate...
Archived
Can a deceased parent's will dictate what happens to a daughter's inherited house if the daughter had no will and no trust.
Christine's answer
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Answered on December 05, 2013
It is very likely the friend will receive the property. The will and the title should be reviewed by an attorney. Most attorneys give free...
Archived
When can stocks and life insurance be accessed after a person is deceased?
Christine's answer
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Answered on December 05, 2013
The answer to your question depend upon whether there were beneficiaries on the stock account and life insurance policy. If so, those can be...
Archived
My brother recently died. I am his only next of kin. How do I insure that his fiancee, with whom he lived, shows me his will?
Christine's answer
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Answered on December 04, 2013
You need to ask if there is a will and ask for a copy letting her know you are legally entitled to it. If she refuses, consider filing a Petition...
Archived
My husband who has Parkinson's Disease is gambling away our retirement savings, what legal rights do I have to stop him??
Christine's answer
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Answered on December 04, 2013
I suggest filing a conservatorship in the probate court in Orange County. I would do it ASAP. It will cost a little money but will probably be...
Does a will have an expiration date?
Christine's answer
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Answered on December 04, 2013
The will does not expire but the sooner the better. If she is refusing now, she is not likely to change her mind. A simple letter from an...