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Christine James's Answers (20819)

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Archived

Was my service legal?

Christine's answer | Answered on July 10, 2013

The person who served you is not a party to the action. You are a party as the defendant and the Plaintiff who one the suit against you is a...

Archived

I am named as the executor in my brothers will. His will states that I am to deed his home to his daughter, very clearly and to

Christine's answer | Answered on July 10, 2013

The other attorneys are correct. If you do not probate the estate and be officially appointed executor you have no legal authority to sign the...

Archived

Can a stepchild file probate papers if their natural parent died before the stepparent. The executor said no probate is needed

Christine's answer | Answered on July 10, 2013

Any interested person can file for probate. If there is a will that names you as beneficiary but the named executor refuses to file for probate you...

Archived

Why do I need an appeallate attorney versus my attorney to appeal my case? He knows my case, a new attorney doesn't.

Christine's answer | Answered on July 09, 2013

I agree with Ms. Liewin. Your question is valid and does make sense, but if the attorney you hired does not do appeals, he is not going to be...

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What is the procedure for asking the probate court to reconsider it's ruling for guardianship of minor children.

Christine's answer | Answered on July 09, 2013

A motion for reconsideration is faster and easier. You need to have a compelling reason for the judge to reconsider, not just rehashing what was...

Archived

How do I respond to an motion for retrial?

Christine's answer | Answered on July 09, 2013

File an objection using the information you used to win the case to begin with.

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What are the charges against a person for a will that was not executed within 40 days?

Christine's answer | Answered on July 09, 2013

Reading of wills is really only done on tv or in the movies. There is no obligation to have the will read and no obligation to "execute" a will...

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Is it a conflict of interest to get as a probate attorney the lawyer who has the will?

Christine's answer | Answered on July 09, 2013

If the attorney represented the executor, he or she cannot represent you against the executor. Yes that would be a conflict of interest.

Archived

I am equal partners in a house my husband and I just bought. My beneficiary if I die is a daughter from a previous marriage.

Christine's answer | Answered on July 09, 2013

California is a community property state. You are entitled to pass your 50% to whomever you want via will or trust and your husband is entitled to...

Archived

Does a Living Trust replace the need for a having a will?

Christine's answer | Answered on July 09, 2013

That is technically a correct assumption and the attorney who drafts your estate plan can go over it in more detail with you. Usually when someone...