Archived
Which (or both) is best way for my wife own 50% of the house and pass to her upon my death-- Joint Tenancy or Living Trust?
Candice's answer
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Answered on August 04, 2014
I agree with the other comments and would add that putting her as a tenant in common, will only ensure she receives her 25% interest without...
Archived
Is it safe for my father, to gift his joint-tenancy home (no mortgage) to his adult children after my mother's passing?
Candice's answer
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Answered on July 22, 2014
I agree that the home is most likely your father's and all he needs to do is record an affidavit of death of joint tenant, if your mother's name...
Archived
Can the power of attorney force me to pay back money that my parents loaned me prior to her becoming power of attorney
Candice's answer
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Answered on July 17, 2014
This really depends on the authority granted under the power of attorney. If your parents gave her authority to pursue legal claims on their...
Archived
Does the law require that I be notified if my father had my mother declared lacking in mental capacity?
Candice's answer
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Answered on July 17, 2014
The first question is how your mother was declared lacking mental capacity? Was this through a court process or doctor's letter? Her power of...
Archived
Probate & Conservatorship
Candice's answer
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Answered on July 17, 2014
No. The Ex Parte Petition does not have to be served and no proof of service is required.
Archived
I have a client that lost wife, she recently passed away, left no will and the home/deed is only under her name
Candice's answer
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Answered on July 17, 2014
I agree with the foregoing answers and add that you may be able to simplify the probate procedure by filing a Spousal Property Petition, if there...
Probate / Conservatorship - Ex Parte Petition for Final Discharge and Order
Candice's answer
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Answered on July 17, 2014
No a proof of service is NOT required. A noticed hearing is not required. The court only needs to see that the receipts for the distributions have...
Archived
CA probate intestate law, the children from a previous marriage are entitled to 2/3 of separate property, how is it determined?
Candice's answer
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Answered on July 17, 2014
I agree with Ms. James. There will likely be a probate. The administrator must file a Petition for Final Distribution stating how the assets are to...
Archived
Can my mother file a petition for an order to set aside estate not exceeding $20K when the only property is a bank acct in CA?
Candice's answer
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Answered on July 15, 2014
Unfortunately, California does not recognize common law marriages. She would not have any legal rights to his funds. There are limited...
I want to be removed as an beneficiary in a living trust. How do go about doing this before the living trust has been read?
Candice's answer
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Answered on July 15, 2014
I agree. You need only sign a disclaimer of your interest. You could also assign your interest to any of the other beneficiaries. The...
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