Archived
My mother purchased a new vehicle, but passed away. Is there a way to transfer the vehicle and it's payment schedule to an heir?
Bert's answer
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Answered on April 08, 2014
If the car was purchased in your mother's name and not the trust's, depending on the size of her estate and whether you are her sole beneficiary ...
A specific bequest to a beneficiary is not included in the probate inventory and the case has gone to court
Bert's answer
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Answered on April 05, 2014
Not enough info. There is something missing here. Was the specific bequest real or personal property? If personal property, is the asset fungible...
Archived
Would a legal Will still protect me over the second owner's failure to release funds from a Totten Trust?
Bert's answer
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Answered on April 05, 2014
The will would have to be probated in the superior court if there are sufficient assets and an order entered giving you the bequest. You say that...
Archived
There are 2 companion plot graves that were never mentioned in family trust. Do i get one.
Bert's answer
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Answered on April 05, 2014
Not enough info. If the owners of the plots died back east the laws of the state in which they died will determine succession. In California...
Archived
Can a probate spousal petition be used for stocks that were purchased before the marriage?
Bert's answer
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Answered on April 05, 2014
The surviving spouse can use a spousal petition only as to that share of separate property to which she is entitled. If the decedent did not...
Successor trustee proof
Bert's answer
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Answered on April 04, 2014
I assume that the successor trustee became the trustee because of the death or refusal to serve of the original trustee. A form must be filed...
Archived
Revocable Living Trust with a No Contest clause.
Bert's answer
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Answered on April 03, 2014
This is not a no contest issue. That only involves a contest as to the validity of the trust. You should consult a probate/trust lawyer to...
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Archived
Per Calif state law, how soon after grantor's death must Trustee notify beneficiaries?
Bert's answer
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Answered on March 31, 2014
Pursuant to Probate Code Section 16061.7 the trustee has a duty to give notice of the death of the grantor within one year following the death. ...
Can a long lost heir-at-law claim property of a trust 16 years after the trustor's death?
Bert's answer
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Answered on March 31, 2014
You are represented by counsel and should rely on his/her advice. Notice is required - if you are the sole beneficiary of the trust - what is your...
Archived
Our Mom passed in CA. A sibling filed and was approved to be Admin of Estate. We were not notified about filing by our sibling.
Bert's answer
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Answered on March 31, 2014
The failure to give notice when a party knows of the names and addresses of people entitled to notice is called "extrinsic fraud on the court" You...
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