Archived
My brother is executor how can i change his title?
Bert's answer
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Answered on March 30, 2014
Assuming that you mean Trustee, you can file a petition with the probate court seeking his removal.
Archived
Can I file a claim with someone's probate if their administrator owes me money and has no other source of income?
Bert's answer
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Answered on March 30, 2014
You do not state whether your mother had a a will, or if this is an intestate estate. If a will who is the named executor? If no will someone...
Archived
If I cant afford an attorney and a TSC is set for 4-1-14 should I proceed w/o atty or withdraw my objection all together?
Bert's answer
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Answered on March 24, 2014
I assume that if there is a Trial Setting Conference you have filed something objecting to the trustee's conduct. You can continue to represent...
Archived
How do i make a trustee of fathers estate accountable?
Bert's answer
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Answered on March 24, 2014
The Probate code provides that (assuming the trust was created after 7/1/87) the trustee must account at least annually to the beneficiaries...
Archived
My wife died and her job said they overpaid her 1900.00 dollars sick leave there was no estate no assets no probate do I have to
Bert's answer
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Answered on March 21, 2014
The liability is a community debt. Unless there is no community property you may be liable. They will have to file a lawsuit to recover.
Archived
When my Uncles estate's probate closed not 1 living heir(her brother & sisters)... was alive still... The children of the...
Bert's answer
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Answered on March 21, 2014
If there was a probate some of the information will be available in the court files. It sounds like you may be too late. The time to challenge a...
Archived
Can I still ask for an accounting? Do I have to sell? Pay Back Rent? Pay Maintenance Fees? Accept Reformation of Deed?
Bert's answer
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Answered on March 21, 2014
Sounds like you need a probate attorney. DO NOT sign any papers until you consult an attorney. There is something wrong with the facts in your...
Archived
In California can the successor trustee be the life tenant of trust real estate?
Bert's answer
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Answered on March 20, 2014
There could be if the property remains in the trust. The trustee would have to enforce any breach of the obligations of the life tenant (e.g....
Successor trustee (sister) ignores beneficiary's (brother) repeated request to see copy of deceased mother's trust (California)
Bert's answer
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Answered on February 01, 2014
Under the Probate Code, the Successor Trustee has a duty to provide copies of the trust to all heirs. There is a provision providing that failure...
Archived
If irrevocable trust names Executor one and two. I am the second. What are my rights to estate?
Bert's answer
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Answered on January 29, 2014
Cannot answer the question. Trusts have Trustees. Probate estates have executors. I assume that you mean that you are a successor trustee under...
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