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Christine James's Answers (20819)

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What if your mom was in a home and Medicare is paying for if if she passed away can they take her house that is willed to me

Christine's answer | Answered on July 31, 2013

Medicare has a lien against the estate and that includes the house. If you cannot pay Medicare back, they can force the sale of the house to get...

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What should we know about selling property that was left in a living trust before we sell?

Christine's answer | Answered on July 30, 2013

Inheritance is generally tax free. The only taxes you would owe would be past due property taxes. You will need a tax id number and all trustees...

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Sister is the primary trustee. I pay all taxes and insurance and live there. Does she have to pay me back before she can sell?

Christine's answer | Answered on July 30, 2013

It depends upon what the trust says, but I suspect she does not have to pay you back, especially if you have been living there rent free. Be...

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Can my Mom's will be changed

Christine's answer | Answered on July 30, 2013

If your mother is legally incompetent, no her will cannot be changed. An agent under a power of attorney does not have the authority to change the...

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Inheritance question.... issue in Puerto Rico.

Christine's answer | Answered on July 30, 2013

Honestly, you should ask these questions of an attorney in Puerto Rico as if the property is there, their laws will control. What will also...

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Can I file for the letter of Testamenterey on my own?

Christine's answer | Answered on July 29, 2013

The information you have provided is a little inconsistent. The test regarding whether you need a full probate is whether the total gross estate...

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How do I get a court order stating I am executor of my deceased mothers affairs to access her checking and savings account?

Christine's answer | Answered on July 29, 2013

You can search the internet for small estate affidavit CA probate code section 13100. You will have to wait 40 days after your mother's passing to...

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How do I divest shares of inherited California real estate limited partnerships which have tax liabilities but little value?

Christine's answer | Answered on July 29, 2013

I agree with Mr. Potter. You need to have the partnership documents reviewed by a tax or business attorney to discuss your options. It is really...

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My aunt passed away 7/22/13. My brother had medical power of attorney only,yet, somehow he has taken over everything. steps?

Christine's answer | Answered on July 29, 2013

Immediately go to an estate litigation attorney to review the documents and information you do have and if appropriate, file a petition with the...

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Received bill and threat of being turned into collections for move out charges at a senior living facility

Christine's answer | Answered on July 29, 2013

The other attorneys have given you good advise. You MUST dispute the charges however both with the facility and the collection agency if it is...