Archived
My father quick deeded his house to me before he die. Does this take it out of the will? Do I have to split it with anyone?
Charles's answer
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Answered on June 03, 2013
If the deed is valid, your dad had capacity and acted of his own free will, the deed should control. If your dad was ill or any claims that you...
Archived
I have a judgement against a person whose father died recently, I was told to find the fathers trust or probate court that
Charles's answer
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Answered on June 03, 2013
You can check county records for the trust to determine if it holds legal title to any real property. You can not put a lien on the trust property...
Archived
What rights do i have.......
Charles's answer
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Answered on June 03, 2013
Not clean how your mom transferred her house to you. If she gifted it to you outright, technically you may have the right to encumber the...
Archived
My mother died last and has two big properties. In her will, she didn't leave the properties to anybody.
Charles's answer
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Answered on June 03, 2013
Ms. Reed is correct. The Will should have a residuary clause. The houses dont have to be specifically given. It could be a percentage of the...
Archived
In a death where there are creditors and a will can you tell me what probate means.
Charles's answer
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Answered on June 03, 2013
The purpose of probate is to transfer title to assets and settle claims against a decedent. If a probate is not opened by the heirs, or the named...
Archived
My mother named all 6 children as equal beneficiaries and my brother-in-law as executor in her will.
Charles's answer
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Answered on June 03, 2013
I dont think an appeal of that decision is going to be wise from a dollar cost standpoint. Did you advise the court of the potential conflict with...
Archived
My father passed away in CA. He has a Living Trust. He owns no property, but does have a Investment account with an IRA.
Charles's answer
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Answered on June 03, 2013
The trust needs a taxpayer ID number. See an attorney for help in settling the Trust. Assuming no second spouse, it should be relatively simple. ...
Archived
Our brother in San Diego passed away leaving a house and investment accounts. We found a draft of the Will and Trust.
Charles's answer
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Answered on June 03, 2013
If all assets are in the trust, you dont need the will. IF there are any account in your brother's name, it may be necesssary. If the personal...
Archived
My husband passed away 6 years ago. He drove for the transit system for 20 some odd years. He passed away before he could retire
Charles's answer
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Answered on June 03, 2013
I agree with Ms. James. There usually are survivor benefits and if he was vested in the retirement but just not at retirement age, there should be...
Archived
I am listed on Dads POA as primary and brother as secondary.
Charles's answer
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Answered on June 03, 2013
Does your dad still have capacity? IF so, he can do a new one with you as co-agents with one be authorized to act alone. A trust is another...
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