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Questions Answered by Priscilla Ann Madrid
2 Answers | Asked in Civil Litigation, Probate and Real Estate Law for California on
Q: My mother passed awayvand left my sister and i 2 homes .now my sister is selling the homes with out my permission.

Is it legal for hwe to do that and rashin me my money

Priscilla Ann Madrid
Priscilla Ann Madrid
answered on May 26, 2017

I do not understand how your sister can sell the homes without your permission. Is she trustee of a trust or a power of attorney holder? Upon death, the power of attorney is no longer valid. If she is trustee, she may be able to sell the homes to settle the estate and distribute the assets to... View More

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1 Answer | Asked in Estate Planning and Family Law for California on
Q: My fiancee and I want to get married in Las Vegas. We both live in Los Angeles, and were both born in the US...

My family name was Romanized under the old Wade-Giles system for Chinese characters. We both want to take up a new last name, using the Pinyin Romanization of my last name. Can we do this when we get married, without additional legal processes?

Priscilla Ann Madrid
Priscilla Ann Madrid
answered on May 26, 2017

You can call yourselves anything you want but to legally change your name so your wife can take it you need to go through a legal process for that. You probably can do this yourselves without an attorney as many people do. This link may be helpful. http://www.courts.ca.gov/22489.htm

Good...
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3 Answers | Asked in Civil Litigation and Education Law for California on
Q: Can a parent sue a school district for retaliatory actions when the parent has exposed violations of law?

Daughter is on an IEP for Emotional Disturbance due to ADHD and several traumatic experiences in her life. I do have basic knowledge of the education laws & have used them to get services for my daughter that most kids don't get. She is smart, but very sensitive to anything negative, needs... View More

Priscilla Ann Madrid
Priscilla Ann Madrid
answered on May 26, 2017

You do need an attorney who specializes in education law. I am not one of them. However which ever attorney you choose, research their credentials and the state bar website for each jurisdiction the attorney says they practice in for the attorney's actual bar membership and a record of any... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can I assume my deceased mothers mortgage after paying my siblings an agreed upon price for her home?

My mother recently passed and in her will she left her house equally to me and my two bothers. We have an agreed upon price for the home however there is still a bank mortgage on the property. If I were to pay my brothers their share is there anyway I can assume the mortgage in my name? Would I... View More

Priscilla Ann Madrid
Priscilla Ann Madrid
answered on May 26, 2017

There are several ways this could be handled, but to answer your first question, no you cannot assume the loan unless the bank agrees, which is unlikely.

If the home is worth more that 50K you have to open a probate. Once you get into probate, unless you want the home sold, mortgage paid...
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2 Answers | Asked in Civil Litigation and Probate for California on
Q: Can an estate that has filed for probate sue a business for return/refund of items purchased by the deceased?

This question is in regard to hard medical equipment. The items were warrantied and guaranteed and not defective or otherwise misrepresented to the buyer, who is the only one who signed the purchase contract and who is now deceased. The spouse is now trying to pursue the matter in small claims... View More

Priscilla Ann Madrid
Priscilla Ann Madrid
answered on May 26, 2017

Yes, they can. The executor or administrator can pursue claims which are not barred by the relevant statute of limitations which the decedent possessed at death, regardless of whether the decedent would have done so, to recover monies believed to belong to the estate, and they can pursue those in... View More

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