Archived
If i paid an attorney to do a probate case and he dont no what he is doing can i get a different attorney and get money back
Bert's answer
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Answered on October 06, 2014
I assume that the money you refer to was advanced for court costs. You are entitled to change lawyers at any time and the lawyer should refund...
Archived
WHAT IF A RESIDUARY BENEFICIARY DIED BEFORE ALL DISTRIBUTIONS WERE MADE & HIS ISSUE ARE THE CONTINGENT BENEFICIARIES OF...
Bert's answer
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Answered on October 05, 2014
It sounds like the the estate was in the process of distribution (e.g. at the end of the probate proceeding) if that is the case the distribution...
Archived
Probate CALIF - is the DE200 the form required to file a "Proposed Order" that goes with the Petition for Final Distribution?
Bert's answer
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Answered on October 02, 2014
Go to the county law library. They will assist you by making formats available to you that you can use to prepare the final order.
Archived
What good is a living trust when the POA deceives the Estate owner to sign deed to property and POA is now owner and is selling.
Bert's answer
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Answered on October 01, 2014
There are probate code provisions that can be used to undo the the transfer of the property to your brother. You need to consult with a...
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Archived
WHO WOULD BE AT FAULT FOR THIS? THE PUBLIC ADMINISTRATOR WAS EXECUTOR OVER UNCLES ESTATE & DID NOT GIVE 2 HEIRS NOTICE TO THE...
Bert's answer
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Answered on September 28, 2014
Failure to give notice to persons whose address is known is an extrinsic fraud on the court and could result in a reopening of the estate. You...
Archived
Is the Living Trust executor required to provide the other siblings a copy of the Living Trust to keep her honest?
Bert's answer
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Answered on September 24, 2014
The California Probate Code (Section 16061) provides that the trustee must give copies of a trust to all beneficiaries who so request. I suggest...
Archived
Does daughter need to amend parent's living trust.
Bert's answer
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Answered on September 24, 2014
Unless the documents provide for a successor surrogate, you will have to have your mother execute a new health care directive and amend the trust...
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Archived
Probate closed and I was never notified it's been 9 years can it be reopened?
Bert's answer
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Answered on September 17, 2014
In California the wrongful omission of notice where the moving party actually does know the address of the part to receive notice is called...
My Dad left a Mutual Fund in a living trust with FBO in my name. The trust instructions are that the trust be divided equally.
Bert's answer
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Answered on September 16, 2014
Are you the successor trustee? If so it could be argued that your father's intent was to put it in the trust. Otherwise it is a factual issue as...
Archived
Family Never Put Property Through Probate
Bert's answer
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Answered on September 16, 2014
Yes, that would be the best way unless you know a realtor or escrow officer who can get a favor from a title company. You have to know how title...
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