Archived
If a person has an IRA and you are the beneficiary, what happens when the person pass away? Does the money have to stay in IRA?
Christine's answer
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Answered on August 20, 2013
There will be penalties if you are not of retirement age and choose to cash out the IRA. If you want to avoid those penalties, put it in your own...
Archived
Judicial notice of mediators files?
Christine's answer
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Answered on August 20, 2013
Generally mediation is confidential. You would have to read the agreement you signed going into mediation. If it is, you cannot get the file. If...
Archived
How do you transfer real property, in Los Angeles County, to a sibling after the sibling that owns the property dies.
Christine's answer
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Answered on August 20, 2013
Start by determining the value of the land. This can be done fairly easily with the assistance of an attorney, real estate agent, or even...
Archived
My wife's dad passed away in December of 2012, in his will he split the asset 3 way, my wife has 2 brothers, her dad left them
Christine's answer
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Answered on August 19, 2013
Who is named in the will as the executor? I assume the brother who doesn't want to do anything with the house for 2 years? I would recommend...
Archived
What is the process in removing an occupant after a probate sale?
Christine's answer
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Answered on August 19, 2013
As the new owner you will have to file an unlawful detainer against the tenant to remove them from the premises. They will likely not pay you rent...
Dad died 20 years ago. Estate never probated. Mom continued to collect rent on property, never on title. Mom just died.
Christine's answer
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Answered on August 19, 2013
Probate dad's estate. It would not likely fall under the small estate rules because the amounts would have been set at the time of death and that...
Archived
Can a deed of trust be revoked if signed over to a sister?
Christine's answer
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Answered on August 19, 2013
I assume the house went through probate or was titled in a trust for there to have been a transfer of your mother's house to you and your sister in...
How do I amend Probate forms if I put the wrong person to be the Sole Administrator/Executer of my passed mothers estate
Christine's answer
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Answered on August 19, 2013
As the other attorney's have stated you can file an Amended petition correcting the mistake as long as the hearing has not taken place. You should...
Archived
I filed a restraining order the other party is seeking an extension.
Christine's answer
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Answered on August 19, 2013
Yes you can. Put your case forward as to why the person should be restrained and tell the court you do not feel comfortable delaying it as you...
Archived
In California, is it required to
Use an FL320 when responding to a motion?
Christine's answer
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Answered on August 19, 2013
FL320 is a mandatory form, but it may not be required for the specific motion you are involved with. Further it would be the court who would...