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Questions Answered by Scott Jordan

1 Answer | Asked in Estate Planning for California on

Q: Will my special needs daughter lose her section 8 benefits if I put the house I rent to her in her special needs trust?

How can I assure that my daughter will be able to continue living there after I die?

Scott Jordan answered on Jun 12, 2013

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 that... Read more »

2 Answers | Asked in Estate Planning for California on

Q: At the same time you file probate forms, do you also have to file the information into the newpapers?

Scott Jordan answered on Jun 12, 2013

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.

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2 Answers | Asked in Estate Planning for California on

Q: How do I begin probate if I am not the executor?

Scott Jordan answered on Jun 12, 2013

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.

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2 Answers | Asked in Estate Planning for California on

Q: Probate Trust Attorney Fees in California

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 fears the... Read more »

Scott Jordan answered on Jun 12, 2013

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.

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2 Answers | Asked in Estate Planning for California on

Q: My sister has POA and is trustee to my mother's trust. She is incompetent. I want an acounting of the trust.

Scott Jordan answered on Jun 12, 2013

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.

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2 Answers | Asked in Estate Planning for California on

Q: Is it a required to file an Affidavit of death after someone dies?

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?

Scott Jordan answered on Jun 12, 2013

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 »

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4 Answers | Asked in Estate Planning for California on

Q: Is a will made in Georgia good in California?

Scott Jordan answered on Jun 12, 2013

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.

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1 Answer | Asked in Bankruptcy for California on

Q: A new landlord took over on May 1st made no contact with my until the 20th. Do I owe them the full months rent?

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?

Scott Jordan answered on Jun 12, 2013

You owe for the full month of May.

1 Answer | Asked in Bankruptcy for California on

Q: I am disabled and need to file a bankruptcy, what paper work do I need to bring with me to the initial consultation?

Scott Jordan answered on Jun 12, 2013

You should have your most recent free annual credit report. A copy of your most recent bank statement and tax return. You should also bring 6 months worth of disability checks to show income.

1 Answer | Asked in Bankruptcy for California on

Q: What is an application for supplemental fees?

Scott Jordan answered on Jun 12, 2013

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 »

2 Answers | Asked in Bankruptcy for California on

Q: Are zero-value stocks "assets" in a bankruptcy application (California)?

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?

Scott Jordan answered on Jun 12, 2013

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 »

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1 Answer | Asked in Bankruptcy for California on

Q: Do I need a lawyer to file for bankruptcy?

Scott Jordan answered on Jun 12, 2013

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...
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