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If a car was a gift, is paid off, and has had my name on it since the purchase can the attorney of trust take it from me?
Bert's answer
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Answered on November 27, 2013
Not clear on the facts. If you are the registered owner with the DMV no one can change that except you. How did the trustee change the...
Archived
If a beneficiary is also an executor how do you ensure they are accountable?
Bert's answer
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Answered on November 24, 2013
The will(s) have to be submitted to probate in the Superior Court. The Probate Code says that the original of the will is to be "lodged" with the...
Archived
How long after a death does the executor need to hold proceeds from the sale of the estate and the monies in an IRA?
Bert's answer
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Answered on November 23, 2013
Who are the beneficiaries of the IRA? Generally it is not the estate. Check the court file and look at the inventory and see if the IRA is...
Archived
Any protection in living trust for real property against creditors.
Bert's answer
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Answered on November 22, 2013
It is not clear whether the "living trust" existed before death. You make reference to the lawsuit beginning before death. If the trust existed...
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How can interest an attorney in my case. My lifetime partner died with two cases pending. She was forced to file pro per. Help..
Bert's answer
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Answered on November 20, 2013
The interests of a decedent in pending litigation passes to the estate of the decedent. A probate has to be opened and a personal representative...
Archived
What will toll Estate & Wills Probate statutes in San Francisco, Ca.? Is there any that can be tolled? If so, What ones & How?
Bert's answer
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Answered on November 20, 2013
What is it that you want to toll? Most provisions of the code that provide a limitation period for action cannot be tolled except as provided in...
Archived
Deposition with document demands and document production for a probate case.
Bert's answer
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Answered on November 18, 2013
Is your boy friend represented by a lawyer in this litigation? If so, I suggest that you discuss the matter with that attorney. The documents may...
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Archived
If my mother signed her trust while under medication for depression and other ailments can it be challenged in court?
Bert's answer
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Answered on November 17, 2013
Yes. The provisions of California Probate Code provide for challenging the provisions of a trust if it is executed under "undue Influence" of if...
Archived
Does a company's policy for distributing to heirs trump Ca code?
Bert's answer
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Answered on November 17, 2013
I am not sure what "get her assets from her company" means. What is her company? What assets are you referring to? The prior answer assumes that...
Archived
Probate: is there a waiting period before I, as Will Executor, can sell property?
Bert's answer
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Answered on November 14, 2013
A petition for probate of the will must be filed with the county Superior Court. After the will is admitted to probate and letters testamentary are...
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