Archived
If a daughter is suing her mother for conservatorship in Ca. Is it legal that the daughter uses her mothers money to sue her?
Charles's answer
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Answered on April 24, 2013
No it is not legal and her attorney should know it. You should advise the PVP attorney immediately of the facts. You should also report it to...
Archived
My husband & I have been married 15 months. I live with my mother who has Alzheimers. It's her house; I am POA. Can I evict him?
Charles's answer
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Answered on April 24, 2013
Since your mother is elderly and suffering from dementia, if her doctor is willing to give a declaration that your husbands presence in the home is...
Archived
I am co-owner of a residential property. Can I be forced to sell by the other owner?
Charles's answer
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Answered on April 24, 2013
You cant be compelled without court action. Either owner can sue for partition to force the sale of the property. The other side would prevail if...
Archived
Can my overseas parent co-invest in a house
Charles's answer
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Answered on April 24, 2013
Absolutely. Question is whether your parent is a US Citizen. If not, you should discuss this with an estate planning attorney. If your parent is...
Archived
Is a trust amendment automatically deemed invalid if notary mishandles notarization? What laws has the notary broken?
Charles's answer
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Answered on April 24, 2013
The notary certainly has violated the law regarding a notary. Her stamp and book are supposed to be under lock and key and only used by the...
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Archived
Can my husband claim rights to a piece of land that was gifted to me by my mother if we divorce? It was gifted in my name only
Charles's answer
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Answered on April 24, 2013
Mr. Ashman is correct. Gifts and inheritance are separate property and will remain such outside the reach of spouse unless you do something to mix...
Archived
Did I steal my dog that was bought as a Valentines gift for me when I broke up with my boyfriend?
Charles's answer
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Answered on April 24, 2013
The issue that may foul you up is that its a pure breed and the dog has papers. If the papers indicate your boyfriend as the owner, that could be...
Archived
What are the duties of the Executor for an irrevocable children's trust?
Charles's answer
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Answered on April 24, 2013
You have a bunch of issues, but dont ask what you are looking for clarity on. When did the mother die? Was notice of her trust given under...
Archived
Who would be the beneficiary of an estate if the beneficiary passes away prior to the execution of the will?
Charles's answer
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Answered on April 24, 2013
More is needed. Also, I assume you meant before the testator dies not before the testator executes the document. Also, what does the document...
Archived
What to do when Executrix is giving preferential treatment to certain siblings during the execution of the will?
Charles's answer
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Answered on April 24, 2013
You are correct to believe this is not right. You need to retain a local probate attorney to represent you. Sibling fights dont go over well with...
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