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How to transfer administrator-designated beneficiary right in probate? Is there any code governing this?
Bert's answer
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Answered on November 19, 2014
Are you are asking if you can assign your rights as a beneficiary before the estate is distributed? If so, the answer is yes. I suggest that you...
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California Probate Extraordinary Fees
Bert's answer
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Answered on November 19, 2014
The sale of the real estate is clearly an extraordinary service. The rest of the items appear to be part of the regular services of...
We are in the settlement stage of an asbestos case. What is the "typical" split between surviving spouse & adult step-children?
Bert's answer
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Answered on November 18, 2014
To some degree it depends on who the plaintiffs were in the wrongful death lawsuit. If the estate of your father is the only plaintiff it will...
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HELP. The conservator of my father's friend is stealing his money. What can we do?
Bert's answer
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Answered on November 16, 2014
Does he have family or is there a will naming beneficiaries? You need some interested party who has "standing" to petition the court for removal...
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Escrow is about to close on the trust house, the last asset in my deceased mother's trust. 4 of the beneficiaries(myself
Bert's answer
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Answered on November 15, 2014
I suggest that you retain a probate/trust lawyer. What should be done is to postpone the closing of the Escrow until you can petition the court...
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Trustee was employee of dad for years but held 0 shares until 10 days before DOD when 100% of shares changed to her.
Bert's answer
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Answered on November 13, 2014
I agree that you should consult with a trust/litigation lawyer. There are probate code provisions concerning undue influence and disqualifying...
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My uncle died and he left a trust. There is real property in Oregon given to me and my cousin. Where do I sue at?
Bert's answer
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Answered on November 13, 2014
The proper venue for a suit against a trustee is the place where the trust is being administered, generally the place where the trustee resides.
I filed a petition to remove the trustee, account, and appoint a new trustee in the county where the trust was executed.
Bert's answer
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Answered on November 13, 2014
I agree that you should consult with a probate/trust lawyer. Has the transferred matter been set for hearing in the new venue? If so, the court...
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Can my Uncle change beneficiaries on revocable trust he and my Aunt set up. She passed away in 2013.
Bert's answer
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Answered on November 06, 2014
It depends on the terms of the trust document. What powers did the surviving spouse have? Did the trust or some portion thereof become...
Archived
In ref. to a Default Distribution Provision of a Trust, if people are mentioned, should they be given a copy of the Trust?
Bert's answer
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Answered on November 05, 2014
The probate code requires that all beneficiaries be given notice when the trust becomes irrevocable and/or there is a change in trustee. They are...
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