Archived
Do I need a lawyer to get a copy of my Mother's Will ?
Charles's answer
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Answered on April 19, 2013
Ms. Brunck, has your mother passed away? If not, you have no right to see her will. If she has past away, where did she live. The laws of her...
Archived
My mother's husband left his assets in a trust for my mother to live off of. Upon her death his heirs split the assets.
Charles's answer
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Answered on April 19, 2013
There are two different issues. One the question you ask the other the question you don't ask. While IRAs are not under ERISA so joint survivor...
Archived
Does a 1/3 heir have responsibility for the decisions made by the sole trustee that have negative financial effects on an estate
Charles's answer
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Answered on April 19, 2013
There is a lot going on that sounds very wrong and very bad. Based on what you are saying you have a good case and need to pursue it. I believe...
Archived
How long does an estate atty have to respond to a creditor's claim?
Charles's answer
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Answered on April 18, 2013
What was the date of death? You have one year from death to file the creditor's claim not withstanding the 4 months from issuance of letters. You...
Archived
I would appreciate clarification of some issues regarding my grandmother's trust. I am her grandchild via a deceased parent.
Charles's answer
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Answered on April 18, 2013
The trust would have to be reviewed thoroughly. You father has no say unless the trust gives it to him.
Your description of the wording makes...
Archived
Are Community Property Agreements needed if a Will leaves all to spouse, except specific gifts to children/step-children?
Charles's answer
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Answered on April 18, 2013
As my colleague points out, anything that passes by operation of law is not good with contingencies such as simultaneous or near simultaneous...
Archived
Purchased home trusted to me & my siblings. I've a receipt PIF & grant deed. I need a Grand deed. Do need more doc for Recorder?
Charles's answer
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Answered on April 18, 2013
It unclear what exactly is going on. It sounds like your dad intended to purchase some portion of your grandmother's house from his siblings. To...
Archived
Do i file a proof of service with central court, orange county?
Charles's answer
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Answered on April 18, 2013
You file it with the court where your case is pending.
Archived
Estate value <$150K, no spouse, 4 adult children, no will. How do we get a letter from the court to represent the estate?
Charles's answer
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Answered on April 18, 2013
Mr. Palley is correct. You can probably find a PDF of the Affidavit online or just look at Probate Code Section 13101 - the form affidavit is...
Archived
What is the difference between a Durable Power of Attorney (with no expiration date) and a Guardianship?
Charles's answer
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Answered on April 18, 2013
The Durable Power of Attorney is essentially a private substitute to a guardianship. Usually, unless the agent under the power of attorney is...
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