Hi, can I use, "impersonating a trustee", as a cause of action or is that an element for a cause of action??
Christine's answer
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Answered on January 13, 2020
No that is not a cause of action. Sounds like the COA would be Fraud. Also sounds like you are going to do a Quiet Title action to clear title. ...
Archived
Can a will probated eight years ago be challenged now?
Christine's answer
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Answered on January 13, 2020
No. You would have had to challenge it before it was admitted to probate and certainly before the Petition for Final Distribution was granted.
My mother just passed and named my half-sister as executor,she is under the impression that it means everything goes to her?
Christine's answer
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Answered on January 13, 2020
Impossible to say without reviewing the will and trust. It is possible the will does not do anything to affect assets in the trust and you would...
Archived
Is a holographic will valid in California without a date if no other wills exist?
Christine's answer
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Answered on January 13, 2020
See Probate Code Section 6111 for the requirements of a holographic will. If there are other wills it could be invalid.
Does a TOD Deed supersede an existing Living Trust?
Christine's answer
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Answered on January 13, 2020
You could have a Wild Deed if the Grantor of the TOD Deed is different than the Grantee of the previous deed (probably father as trustee). See an...
Are there problems with title insurance for TOD Deed?
Christine's answer
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Answered on January 13, 2020
Impossible to say. If it was done correctly and there are no other title issues, it should be fine.
Archived
Should my wife & I taken the house out of joint tenancy & just have both names on deed
for tax purposes?
Christine's answer
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Answered on January 13, 2020
You can transfer it to Community Property with Right of Survivorship or better yet put in in a Revocable Living Trust.
Archived
Witness ignored subpoena now there is an OSC?
Christine's answer
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Answered on January 13, 2020
Your question is vague but if there is an OSC you better appear or you will be sanctioned, or worse a warrant will be issued for you.
Archived
Can my husband accept the papers from a process server that he filed against me?
Christine's answer
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Answered on January 13, 2020
No he cannot accept them for you. With that said, you know the suit has been filed, best to just get on with it and respond. An attorney can...
Archived
What are my rights as surviving adult child after father passes away?
Christine's answer
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Answered on January 13, 2020
Your rights depend on what the Trust says. If the trust is now irrevocable, you have a right to receive a copy of the trust. Get it and have it...