Archived
My mom hired her own attorney in July to advise her on her estate and trust. When my mom passes, will this lawyer do probate?
Bert's answer
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Answered on November 27, 2014
The attorney represents the trustee. It is up to the trustee who he selects as an attorney. I assume that there will be no probate if the trust...
Archived
My mother had a trust. She has died. The real property was split between me and my 4 brothers. Can I sell the property?
Bert's answer
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Answered on November 25, 2014
It depends to some degree on the terms of the trust. Does the trust require that upon your mother's death the assets are to be distributed? Does...
What information is required when a beneficiary, requests an Accounting?
Bert's answer
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Answered on November 24, 2014
If you are referring to a probate there must be an inventory filed which will show all assets. You can file a Request For Special Notice so that...
Archived
What happens if there is no more assets in estate and the attorney has a lien on it?
Bert's answer
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Answered on November 24, 2014
It is not clear whether the attorney is the attorney for the probate or was an attorney for the decedent in a prior matter. If the attorney is or...
Archived
As a beneficiary, what information am I entitled to request from the initial Trustee/Executor?
Bert's answer
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Answered on November 23, 2014
You mix "executor" and "trustee" If this is a trust the trustee has the obligation to provide you with a copy of the trust and to account to the...
Archived
What court do use to get my share of my fathers separate property, in California estate.
Bert's answer
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Answered on November 23, 2014
If you sue your step-mother in civil court it would have to be for the entire amount of the separate property. That would also be expensive. In...
Archived
Can you receive a copy of a large Trust, that we will need help with, when one parent died and the Trust was made Irrevocable?
Bert's answer
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Answered on November 22, 2014
Under Section 1601 you are entitled to see a copy of the trust documents. 16062(a) provides that a beneficiary is entitled to an accounting when...
Archived
My sister recently passed she had no property or assets her belonging are less than 5000.00 must i provide a letter of testimony
Bert's answer
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Answered on November 22, 2014
The Small Estate affidavit is permitted under the provisions of Probate code 13100 et.seq. You can find the form on the internet.
Archived
How do you withdraw hegstaad petition
Bert's answer
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Answered on November 21, 2014
You cannot just "withdraw" the petition. File a supplement to the petition stating the above facts.
Archived
What is the proper way to name Plaintiff (me) on Small Claims Pleading, in my capacity as successor trustee of father's trust?
Bert's answer
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Answered on November 19, 2014
Why does the trust have any interest in the lease deposit? If there are no other assets and no will you can probably sue as the beneficiary of his...
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