It's hard to say without additional information. However, generally, since your daughter does not control the SNT, she does not have ownership of the house. Since she is not the owner, her section 8 should not be affected. Except that since the money is being paid to her SNT as rent and...Read more »
Yes, you are required to have the Notice of Probate Petition published prior to the first hearing. Failure to do so will result in additional delay and the court will not appoint an administrator or issue Letters.
You can file a petition for probate with the county court. The filing fee in California is $435. You can either nominate the person named as executor or someone else as the administrator of the estate.
I am trustee for my deceased parents' trust. There are 9 benficiaries and been a lengthy process with petitions and objections filed, etc. The trust attorney is requesting I start paying his fees personally claiming it is to protect attorney-client privelege. I think it's because he... Read more »
The attorney can only be paid if the judge approves the fee. The attorney will need to file a petition for fees. If the attorney is trying to get you to pay before hand, maybe s/he is not the best attorney for you.
If she does not voluntarily provide an accounting, you will need to petition the court for an order of accounting. If she is also incompetent, you can challenge her status as trustee and try to have her removed.
A friend's stepmother passed away 6 months ago and the home is still in the trust and still names the stepmother as trustee of the trust. Does the new trustee (we don't know who it is) need to file an Affidavit of Death within a certain time period?
The new trustee must begin the administration of the trust, which includes filing the Affidavit Death of Trustee with the county recorder. There is much more to do and the successor trustee would be wise to contact an estate planning attorney to consult on what is required to administer the trust....Read more »
Assuming that is meets the statutory requirements of a will in California, yes, it should be valid in California. If you have any concern, you would be wise to have it reviewed by a California estate planning attorney.
He introduced himself in an email on the 20th and asked for the rent. I basically had no landlord for 20 days. We even had a mouse running around and had no one to call to notify. Am I obligated to pay the full months rent or just prorated from the 20th to the end of the month?
An application for supplemental fees is made by a person who is requesting additional fees for services provided. For instance, if an attorney representing a client in a Chapter 13 bankruptcy charges one fee at the beginning of the representation and then provides additional services not included...Read more »
When I filed for bankruptcy 4 years ago, I had stocks that had zero value -- companies that went out of business. Since they had no value, I presumed they were not assets and didn't bother listing them. Did I, then, commit perjury when I signed the application that didn't list them, under oath?
That is difficult to say. Perjury requires intent and you seem to not have the requisite intent, so probably not. The real issue, however, is whether your discharge could be removed for fraud. Had the companies gone out of business prior to your filing? If the answer is yes, then I would argue...Read more »
No, you are not required to hire a lawyer for bankruptcy.
But, you would be wise to hire a lawyer if you believe you should file for bankruptcy protection. With the changes in the law in 2005, the need for expert advice and know-how is vital for success. I recently read that about 85% of...Read more »
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