Archived
CA Prop 58 question: Selling house from trust to step-parent?
Bert's answer
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Answered on September 16, 2014
The exclusion applies to transfers between parent and child - a stepchild qualifies as a child. You have to remove the property from the trust and...
Archived
Can someone be be prosecuted for taking funds out of a trust checking account AFTER a persons death ,who is not a trustee?
Bert's answer
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Answered on September 12, 2014
If you have an attorney we cannot comment. Call your lawyer and insist on a response
Archived
We are occupants of a house where the owner has died without a will and no probate was filed. Lender has filed NOD. Do we have
Bert's answer
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Answered on September 12, 2014
Communicate with the lender. If the property goes to sale under the foreclosure the lender will probably be the only bidder. Make arrangements...
Archived
Has a judge in california ever given a 2nd wife/widow not a trustor asset (house) from an irrevocable trust if we go to court.
Bert's answer
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Answered on September 11, 2014
If the property is the separate property of your father. The trust will prevail. If however the property was supported and or maintained from the...
Archived
Is timing important in declaring someone mentally incompetent and setting up a trust?
Bert's answer
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Answered on September 09, 2014
Yes, timing is important. If your mother in unable to manage her own affairs she needs a conservator of her estate and perhaps her person. If the...
Archived
Will filing a Summary Judgement piss-off the Judge or is the worst that can happen he denies it (California Probate Court)?
Bert's answer
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Answered on September 09, 2014
I believe that I just answered another question of yours involving the same matter. You cannot file a motion for summary judgment is there any...
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Archived
Is there any way to get an affidavit or declaration in front of the judge before or during trial in probate in California?
Bert's answer
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Answered on September 09, 2014
Most courts require a "joint statement" be prepared by parties which sets forth all of the facts that have been agreed upon, a statement of the...
Archived
Can Nevada Summary Administration be done for Calif. resident without CA probate (nothing to probate in CA)?
Bert's answer
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Answered on September 08, 2014
I assume that the decedent was a resident of California. Perhaps the best route is to proceed with an ancillary proceeding in Nevada and upon...
Is there such a thing as a de facto trustee? Can actual trustee delegate duties to another and that person become a fiduciary?
Bert's answer
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Answered on September 07, 2014
No, the trustee cannot delegate his/her fiduciary responsibilities to a third party. The trustee may be liable for the conduct of a third party if...
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Can a Trust assign agents to speak on behalf of the trust regarding HOA and Property Management concerns?
Bert's answer
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Answered on September 07, 2014
As you can see you got two conflicting answers to your inquiry. The question is what do the bylaws of the HOA provide. If the bylaws permit proxy...
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