Archived
I was told that I was a beneficiary on my fathers life insurance. .I never received my money; not even the check my uncle sent
Charles's answer
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Answered on May 17, 2013
I agree with both attorneys. The only possible alternative is that there was no beneficiary on the life insurance policy and your dad's will said...
UTMA Gift Limits in California
Charles's answer
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Answered on May 17, 2013
There is no limit for a UTMA account in California. The issue is whether you want to gift within the annual exclusion for federal estate tax...
Archived
Can it be written in the will that if someone protests the will they will forfeit any inheritence? Will it be upheld in court?
Charles's answer
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Answered on May 17, 2013
Its called a no contest clause. They are upheld in California and strictly construed. That said, a Will does not seem the best way to go here. A...
Is It Permissible To Write A Letter To A Probate Judge In California?
Charles's answer
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Answered on May 17, 2013
It is not proper to contact the court by letter to the judge. It is an ex parte communication that is inappropriate. Sometimes judges will...
Archived
Does an objection to an executor's PETITION for order confirming sale need to be served on the executor's attorney?
Charles's answer
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Answered on May 16, 2013
No that is not true. In fact, because the executor is represented by an attorney, service should be on the attorney. Im should seek the...
Archived
If 2 married couples are forming a General Partnership, should all 4 be included as partners or just 1 spouse from each side?
Charles's answer
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Answered on May 16, 2013
If everyone is going to be active and you intend to have a pension plan or other deferred compensation plan, there may be an advantage to all you...
Archived
Is a living trust necessary if my domestic partner (not registered) own property together?
Charles's answer
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Answered on May 16, 2013
What would happen if one of you becomes incapacitated and cannot act? Do you have powers of attorney, advance health care directives, nominations...
Archived
Our house is in my husbands name, what do I need to do to protect myself from probate in case he was to pass away?
Charles's answer
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Answered on May 16, 2013
No, a Will would just ensure that the house went to you after probate. If the property is your husband's separate property, and he wants to keep...
Archived
If A will gives me sole ownership of assets can it be disputed
Charles's answer
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Answered on May 16, 2013
Yes, anyone with standing can contest a testamentary document. The fact that they can contest does not mean they would win. If you parent who was...
Using UTMA to gift interests in Family LLC to minor children
Charles's answer
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Answered on May 16, 2013
What is you intent? Gift savings? Discounts? Control? The UTMA would require the children to have their interest at 21. My clients who do this...
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