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My landlord died in Jan. Her son says there is no will an everything is in probate. He has given me 60 days to leave the house.
Candice's answer
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Answered on April 28, 2015
If he has obtained Letters of Administration with full authority, then yes. He will need to return the security deposit. If he does not, then file...
Archived
I need a probate lawyer in the Los Angeles area my father passed on without a will and there is real estate I am the only child
Candice's answer
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Answered on April 27, 2015
Assuming your father was not married, you are the lawful heir. She has no rights to remain in the home or keep his mail, without authority (either...
Archived
A deceased brother passes, his sister receives his US Treasury tax refund ck. on the order of $5K-$10K. What can she legally do?
Candice's answer
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Answered on April 24, 2015
You can use an Affidavit of Small Estate to cash the check. Your aunt needs to sign it in front of a notary. If the estate is worth more than...
If I have power of attorney, can I do a will for my mother for the purpose of avoiding probate?
Candice's answer
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Answered on April 23, 2015
If your mother's estate is valued at more than $150,000 gross, then yes it will go to probate with or without a Will. It does not sound like that...
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Does a will have to be signed in the presence of a Lawyer or Notary. Or can it be signed in front of a so called friend/witness
Candice's answer
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Answered on April 22, 2015
The Will must be signed in front of two disinterested witnesses. The children have recourse if they were omitted and not provided for. Seek legal...
Archived
What to do and who to contact to change responsibility to me.
Candice's answer
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Answered on April 21, 2015
It depends on what is happening here. Are these bank accounts, trust accounts, guardianship accounts? You may be required to Petition for...
Archived
Can I file a creditor's claim with the probate court if no probate proceeding has been opened?
Candice's answer
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Answered on April 21, 2015
I am sorry for your loss. Unfortunately, you were not the lawful heir to receive those funds. If a probate had been commenced, then the only bills...
Archived
My grandma died in Sept 2013, my father died in 2010, his sister is trustee. Trust says I take his place as 50% beneficiary.
Candice's answer
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Answered on April 21, 2015
The court's jurisdiction is in California, in the county where the Trust is administered. Even if you could remove this case to federal court, it...
Can my brother empty bank account of deceased before our uncle gets letters of administration to control accounts for estate in?
Candice's answer
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Answered on April 17, 2015
If this was a joint account, then it will be presumed that your brother owned the funds. It is up to the administrator to file a Petition for...
Archived
Who is responsible for the estate matters of a single, unmarried 29 year-old woman with no will or children who passes away?
Candice's answer
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Answered on April 16, 2015
I agree with Ms. James' answer and add that if her parents are not alive, then her siblings are her heirs and in charge of distributing her assets....
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