Archived
What can I do about my sister stealing money left in a savings account where i was listed as a beneficiary upon her passing.
Charles's answer
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Answered on June 19, 2013
You have a lot going on here. There are potential issues before and after your mother passed away.
Before your mother passed away, under the DPA...
Archived
How can i find out how many bank accounts and money my mother had when she passed away?
Charles's answer
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Answered on June 18, 2013
It sounds like your brother got his name added on accounts. It does not sound like probate was ever opened. You should petition to probate the...
Archived
Do we need both a living will and DPOA?
Charles's answer
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Answered on June 18, 2013
First, does your mother have capacity. These are issues for her to address not you. Second, if your mother has capacity, she should have an...
Archived
Can I have a trust legally reviewed?
Charles's answer
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Answered on June 18, 2013
Were you given notice about the trust under probate code section 16061.7 and provided a copy of the trust? If so when? That may have cut off your...
Competing Petition Filed in California Probate
Charles's answer
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Answered on June 18, 2013
You needed to file both a competing Petition and a Will contest. If your cousin's Will has not been admitted to probate, you need to file an...
Archived
If I wanted to pay off someones house for them, what is the best way to do this in reference to taxation, etc.?
Charles's answer
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Answered on June 18, 2013
What is your total estate? That affects the answer. If under 5.25M, lots of options with no tax consequences.
As far as simplest, gift them...
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Archived
How do you protect your home & other assets before entering a nursing home.
Charles's answer
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Answered on June 18, 2013
If Mr. Friedman is near you, you should call him. This is complicated planning and certainly not one size fits all.
Good luck.
Archived
Can I be force to sell the house my uncle left me
Charles's answer
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Answered on June 18, 2013
That is a real possibility. There is an ordering for payment, but if there is not enough cash, the hard assets would have to be sold to pay the...
Archived
My father died in Jan. & my sister admitted to writing a new will while he was passing.
Charles's answer
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Answered on June 18, 2013
You would be best off filing a Petition for Probate under intestacy and then dealing with her "Will" when she files a competing petition. You...
Archived
When is a house legally appraised for a trust after the death of the trustee
Charles's answer
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Answered on June 18, 2013
This not an easy issue because it depends on the intent and agreement of the parties. For tax purposes, the house should be appraised as of the...
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