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After probate closes on an estate & ALL the beneficiaries that inherited something have ALL died. The only remaining alive are t
Bert's answer
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Answered on September 09, 2012
It is difficult to tell from your discription, but it sounds as if this is an intestate proceeding with the Public Administrator as the...
Archived
I am a beneficiary in my dad's will. Is it true that my stepmom has to consent to the attorney that wrote it to give me a copy?
Bert's answer
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Answered on September 07, 2012
The California Probate Code requires that the original will be lodged with the Superior Court in the county in which the decedent resided. If...
Archived
How do you handle assets discovered in the state "unclaimed property" files long after probate has closed?
Bert's answer
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Answered on August 31, 2012
Generally there is a clause at the end of the court's order to the effect that any after discovered propety will be distributed as per the will. ...
Archived
My husband died and there was no will. I am not on the deed or morgage papers for the house. Can I legally walk away.
Bert's answer
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Answered on August 31, 2012
I assume that your concern is any liability to third parties. In theory, if your husband was paying any encumberance on the house with community...
Archived
Retaliation eviction?Inhability? My brother is executor my mothers living trust,she past away 2.5 yrs ago & I live in the house.
Bert's answer
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Answered on August 25, 2012
It appears that you need an experienced trust and estates lawyer. Particularly, if you are a co-trustee. It is impossible to comment further on...
If a person is declared incompetant due to dementia and they have named someone as their health care agent in their trust/will
Bert's answer
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Answered on August 25, 2012
The healh care agent is just that... someone to make descisions on behalf of the disabled person when he is unable to make them for himself. What...
Archived
I m only Son with four married sister's. As my father passed away with no will , Can mother sell all property without consent?
Bert's answer
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Answered on August 25, 2012
It depends on how titile to the house is held. If your father and mother held it as joint tenants, on his death it automatically passes to her. ...
Archived
The Executor of my father trust is spending money without disclosing specifics. As a beneficiary, do I have a right to this info
Bert's answer
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Answered on August 25, 2012
You refer to an "executor" of a trust. Normally the trust has a trustee and a probate estate has an executor. I agree with the prior attorneys...
Archived
MOM LEFT A WILL 50% TO DAUGHTER & 50% TO GRANDSON (a minor at the time) WILL ALSO PROVIDED FOR ANY UNBORN GRANDCHILDREN
Bert's answer
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Answered on August 16, 2012
As suggested by prior counsel - we have to know what the language of the will is. It could be either.
Archived
I am a spouse dealing with deceased wife's probated assests. Can I ask probate court for release of some money to me?
Bert's answer
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Answered on July 30, 2012
Under the Caifornia Probate Code (Sect. 6520) you can petition for a family allowance.
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