Archived
Ex parte application ONLY to ask for earlier date than available for MC discovery not yet filed. Do I need to notice defendant?
Robert's answer
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Answered on December 17, 2013
No, you must give the required notice to the opposing parties before any ex parte application will be considered by the judge. If the application...
Archived
Can a party decline to permit an amendment to answer/complaint on any grounds after the time for amendment has past?
Robert's answer
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Answered on December 17, 2013
Nobody is required to agree to an amendment to a pleading, but as a common courtesy it is frequently done when we all know that the court will...
Archived
Is probate necessary if property was deeded to 1 child 7 years after will was written calling for equal shares to 3 children?
Robert's answer
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Answered on December 17, 2013
No, and you are to be commended for sharing with your...
Archived
If discovery has closed, can opposing attorney subpoena my bank to turn over bank records he forgot to include in his request to
Robert's answer
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Answered on December 13, 2013
Yes.
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Disclaimer: California attorney Robert Miller has...
Archived
NOTICE OF DEFAULT
Robert's answer
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Answered on December 13, 2013
No, this would generally be a waste of time, money and effort. When push comes to shove, there will be adequate evidence that the foreclosing...
Archived
My husband's ex-wife wants him to sign document allowing her to be executor of their two deceased daughters estates
Robert's answer
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Answered on December 13, 2013
This is much to personal and sensitive to be answered on an online forum. There may or may not be good reasons why one parent or the other or even...
Archived
My sister passed away 09/12. her estate worth 600,000 The attorney of her estate is charging 58,000. We think this is a lot
Robert's answer
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Answered on December 13, 2013
Everything you say would concern me enough to consult with an experienced probate attorney in the county where the probate proceedings are pending,...
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Archived
My father unexpectedly passed away in 2006. I am his only child. Recently falling on some. Financial hardship
Robert's answer
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Answered on December 13, 2013
You have far too many questions to respond here. As a general rule a surviving child (you) is entitled to the entire intestate (no will) estate of...
Archived
My brother died last week in texas. I am the only living relative. He has a 16 year old daughter and a ex wife.what are my right
Robert's answer
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Answered on December 13, 2013
A child (daughter) takes precedence over a sibling (you). If the daughter is a minor, her surviving parent would be the de facto guardian and...
Archived
Can a person or company take possession of a property ,or get a "Tax deed" and take a property while there is a mortgage ?
Robert's answer
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Answered on December 13, 2013
Unpaid property taxes have a priority position over any encumbrance, meaning...
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