Archived
Can you replace a living trust to individual then to another trust with Transfer Deed? Does the first trust still active?
Bert's answer
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Answered on December 07, 2012
It depends on the provisions of the 1995 trust. If on the death of the first to die, it became irrevocable in whole or in part, then (probably) the...
Archived
What is the quickest way to get the deeds in the trust? Is the Heggstad Petition enough or do I need to go through full probate?
Bert's answer
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Answered on December 07, 2012
Sounds like a Heggstad petition would do it. Probate would not help unless there was a will with a "pour-over" provision that provides, in...
Archived
My mother married a man 20+ yrs her jr 2 months before she died, i wanted to file elder abuse undue influence
Bert's answer
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Answered on December 05, 2012
I am not sure how or why you believe that "everything is being taken to Mexico." If property is in your mother's name it cannot be probated in a...
Archived
Where do I file my father's probate? CA or NV?
Bert's answer
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Answered on December 05, 2012
The proper state in which to open the probate is the state (and county) in which the decedent resided on the date of death. If the decedent owned...
Archived
Can i break my apt rental lease that has 10 months left of two years. mother has living trust i have POA.
Bert's answer
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Answered on December 03, 2012
The lease determines the rights of the parties. Generally, upon the facts you state there appear to be no reason to terminate the lease. I...
Archived
What are the drawbacks of hiring a Trust attorney outside the county in which you reside?
Bert's answer
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Answered on December 03, 2012
Applicable laws are consistent within the state of California. Choose the lawyer you believe is the most competent and convenient.
Archived
MY MOTHER PASSED AWAY 9/13/2012. MY NEPHEW LIVES IN HER HOUSE. MY BROTHER HAS
REFUSED TO GIVE ME A COPY OF THE TRUST.
Bert's answer
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Answered on December 02, 2012
California law requires that the Trustee provide information to all beneficiaries. I suggest that your consult with a probate lawyer as soon as...
Should I do a living trust in CA or NV?
Bert's answer
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Answered on December 02, 2012
It kinda makes a "no, never mind" difference. I assume that the trust would be a revocable trust. The situs of the trust after your death will be...
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Archived
To Probate or Not to Probate that is the question!!!
Bert's answer
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Answered on December 02, 2012
From your question, It appears that your father was a resident of New York at date of death. If so, New York probate law applies. If the "waiver"...
Archived
Distribution of a deceased loved ones belongings and right of ownership
Bert's answer
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Answered on December 02, 2012
It sound like there are other assets to be transferred (the motorhome?). If the aggregate estate is less than $100,000 and there is no real...
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