Archived
Husband died w/out will in Calif. Will I need to go through probate? Any simple way to handle with Declaration or Affidavit
Matthew's answer
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Answered on October 03, 2012
I believe probate is required in California. Even if it isn't required, with multiple properties its usually necessary to open probate in order to...
Archived
Do I have the right to see the will, trust and financial disclosure while the incompacitated last trustee is still alive?
Matthew's answer
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Answered on October 03, 2012
You are under no obligation to sign the consent papers. In fact, under Washington Rules of Professional Conduct, the other lawyer was REQUIRED to...
Archived
How do I know when the (rental) property has been foreclosed?
Matthew's answer
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Answered on October 02, 2012
While you can hire an attorney to represent you in the motion, essentially both a foreclosure or Chapter 7 surrender result in the same outcome....
Archived
My sister before she died had a will
stating that everything is split down the middle and i didn't receive nothing yet
Matthew's answer
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Answered on October 01, 2012
If the will was probated you can request an accounting from the court or from the executor. The executor may have held the funds for many reasons,...
Archived
How do I get rid of my second mortgage when I've already filed chapter 7 bankruptcy and want to keep my house?
Matthew's answer
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Answered on October 01, 2012
First, check into refinancing the home outside of bankruptcy. Rates are very low and you may be able to get some lower payments.
Second, if you...
Archived
Want to refi after bk7 and they say I need to reaffirm!
Matthew's answer
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Answered on October 01, 2012
You do need to reaffirm in situations like this. You can probably hire a new attorney to do this work so long as you have your case #. It shouldn't...
Archived
My Dad left me his house in his will (market value $80K). Can I sell the house to my husband to avoid disputes of his will?
Matthew's answer
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Answered on October 01, 2012
Selling the home would do nothing if a probate court found out that you shouldn't have been given the home, or a proportionate interest in the...
Archived
My mother is in a care home on Medi-Cal. If she sells her house can she keep $2000 and funeral expenses, non-revokable?
Matthew's answer
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Answered on October 01, 2012
As Mr. Bergman mentions, the time frame may have already passed. Not only because selling or transfering the home would likely make your mother...
Archived
I have a revocable living trust (titled as such) and my will says everything when I die goes to Estate Trust-is that the same?
Matthew's answer
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Answered on October 01, 2012
It depends on what "estate trust" means. Sounds like shoddy drafting if the two are not described with particularity. An "estate trust" sounds like...
Archived
When an attorney & independent administrator in IL refuse to pay the bills & close the estate, what can I do?
Matthew's answer
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Answered on October 01, 2012
In addition to Ms Goldstein's response, which is 100% correct. You may want to find out why the estate wasn't closed. There might be some reason...
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