Archived
Is there a law allowing me to move my father's remains from one portion of the cemetery to another without my mothers approval.
Christine's answer
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Answered on October 18, 2013
If your mother and father were married at his death, she has the final say. The only way you could change that is to go to court and show a very...
Archived
Is a life insurance policy considered community or separate property?
Christine's answer
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Answered on October 17, 2013
Yes, you have a valid argument that if community funds were used to purchase that policy, you are are entitled to a portion, up to 1/2, of the...
Archived
My mother recently passed away without a will or trust. Estate is under 100,000. Do I need to go through probate?
Christine's answer
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Answered on October 17, 2013
Do a small estate affidavit under probate code section 13100 and transfer the assets to you and your siblings. I suggest you all sign the...
Archived
I have a question in regard to the Medicaid Recovery process that California DHS does what a person on Medicaid passes away.
Christine's answer
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Answered on October 17, 2013
Both, and one of the first questions will be whether or not there is a probate of the estate.
Archived
In california if husband and wife are listed on deed, if one dies does the home automatically go to the survivor?
Christine's answer
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Answered on October 17, 2013
In CA under certain circumstances the property would pass automatically to the surviving spouse but it will all come down to how title is held. ...
Archived
My ex filed TRO it was denied today is the regular hearing I am going to request an attorney
Christine's answer
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Answered on October 17, 2013
Mr. Blasser has given you a good answer. If the court feels that there are matters that cannot wait to be addressed, he might not grant you a...
Archived
How do I find a mediator for probate in Oakland,ca?
Christine's answer
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Answered on October 17, 2013
Your great-aunt would have to agree to mediate the issue if you want to go that route. There are several companies that have mediator referral...
Archived
What should I expect when stating an objection on behalf of the decedent to a petition to administer an estate?
Christine's answer
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Answered on October 16, 2013
You are not an interested party so you really don't have any right to object. In addition, filing your objection will cost $435-$465 dollars. If...
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Archived
What is the price range to form a California Title Holding Trust?
Christine's answer
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Answered on October 16, 2013
In can range from a few thousand to upward of $10,000 depending upon who you have do it. Call a few different attorneys who draft these trusts and...
Archived
Can a married couple own their primary CA residence thru a TRUST? Would owning a property thru TRUST protect against lawsuit?
Christine's answer
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Answered on October 16, 2013
A trust is allowed and often advisable for married couples. Most trusts however will not protect the couple's assets from lawsuits. Usually...