I am seeing conflicting information regarding intestate succession and the surviving spouse.
answered on Aug 15, 2021
No. “Personal property” refers to the character of the property, specifically ordinary possessions. This is as opposed to real property, intellectual property, registered vehicles, etc. “Separate property” refers to ownership, meaning it is that person’s property and no one else’s.... Read more »
answered on Jun 24, 2021
Do you mean you need an attorney to file a Heggstad petition for you? Or you want an explanation of the case? I don’t understand your question.
...because they know how things work in that county, they know county staff if document issues arise, and their travel fees will be lower?
answered on May 9, 2021
Yes. It will be helpful to hire an attorney who routinely files probate matters in that county’s court and is familiar with the local rules for that county.
answered on Apr 28, 2021
Yes. You can legally amend your trust without hiring a lawyer. If you are making a simple amendment, like changing a successor trustee, you are probably fine doing the amendment yourself. If you are doing something more complicated like changing beneficiaries or arrangements for succession of a... Read more »
One of my workers filed for unemployment last year. the unemployment office penalized me for total $1655 for unpaid tax for October - December 2018. again, clearly I had nobody on payroll on 2018. can they do that?
answered on Apr 19, 2021
Assuming your business is operating in California, it is very likely you are violating the law by employing your workers as independent contractors. Look at AB5 (Assembly Bill 5) that went into effect 1/1/2020. If you’re not treating them as employees, and paying payroll taxes, WC insurance,... Read more »
We both want to be able to remain in the home, make improvements, or sell if the other passes away. He wants to ensure his children to receive his share of the proceeds if the house is sold after his death. We may get married and have more children in the future. What is the best ownership... Read more »
answered on Apr 12, 2021
Both have important legal consequences:
Joint Tenancy: If one of you dies, the other becomes the sole owner of the property by operation of law.
Tenancy in Common: If one of you dies, the other still only owns 50%, and the deceased owner's share passes to his/her heirs. The... Read more »
Can I hire someone as a independent contractor to stock my vending machines using the business to business exemption to the AB 5 law if they have their own business license for services?
answered on Mar 21, 2021
The “ business to business exemption” is very narrowly tailored. Assuming the other party is a legitimate business, properly licensed to do the sort of business, eg stocking vending machines; he has his own place of business independent of yours; he is contracted with you in writing to perform... Read more »
answered on Mar 14, 2021
Not necessarily. If title to real property is involved, an affidavit of death may have been filed with the county recorder to change title. It will not give you the specific language/ contents of the trust, however.
I honestly do not trust her not to try and pull something so her kids get it all so I am just curious. She doesn’t tell me anything and I have not seen any paperwork. I was just told by them years ago before my father passed away.
answered on Mar 14, 2021
It is entirely possible. It depends on how the trust is written and whether it was made irrevocable by your father’s death. Without seeing the document, no attorney can tell you for sure.
Or they can pay the total cost of the inspection fee no later than on the day of the inspection. Otherwise no report will be delivered to the client. To many times, clients don’t want to pay or want to cancel the inspection without giving ANY Notice, so if they pay a deposit they are less likely... Read more »
answered on Mar 6, 2021
Yes. That is legal, and completely reasonable. Just make sure you are completely transparent with your clients about your policy before you take their deposit to hold their inspection appointment, and under what conditions that deposit will or won’t be refunded. Good luck.
My mom is 93 years old. She has bank accounts worth approximately $50,000.0, and her home is worth approximately $500,000.0.
We are setting up a revocable trust for all her assets. We have also created a last Will and Testament.
Ca. probate code 10800 implies that the executor shall... Read more »
answered on Feb 12, 2021
If the trust is properly drafted, executed, and funded then you should avoid probate and this section would be irrelevant to you as it deals with statutory fees due to a PR in probate. Of course, unfunded assets subject to probate may still get you there through the pour-over will. It sounds like... Read more »
I was flossing and accidentally broke my filling. I used the floss as advertised. There is no warning on the flossing package of the possibility of breaking a filling. Is it worth sueing the floss company for not including a warning on their packaging to get them to put a warning on their packages?... Read more »
Identity theft not caught until my credit card account was long depleted for my business
answered on Feb 6, 2021
File a police report for the identity theft (PC 530.5, et. al.) and a fraud claim with the bank and/or credit card company. You should not need to file bankruptcy.
Is there any circumstances where a CA. Licensed General contractor can be paid for a home inspection and be hired separately for the nessasary repairs to the same home? B&P code says that home inspectors performing repair work can be considered as unfair business practices. Does that mean... Read more »
answered on Feb 6, 2021
You’re talking about CA B&P 7197. The law is pretty clear and the circumstances where a company performing a home inspection can also perform repairs are very narrow and limited: like roof repairs pursuant to a roof certification inspection or termite repairs pursuant to a termite report.... Read more »
I requested dirt dumpsters from Republic Service. It is ~$500 per bin. The contract also mentioned the limit is 2 tons. Extra tonnage is $130/ton. I did not pay attention to the limit because I thought if this dumpster was for dirt, if I filled up, it should be around 2 tons. But when I received... Read more »
6 children, no will. Does oldest child automatically become administrator of any estate? If yes and other children wish to contest that appointment, is that possible?
answered on Feb 1, 2021
When the petition for probate is filed (form DE-111), the petitioner(s) will request a particular person be named as the administrator of the estate (there is no executor since there is no will). It can be, but doesn’t have to be one of the children. The probate code only requires it to be an... Read more »
My Dad received amended copy of his living trust 3 days before he died and had not signed them. He did contact estate attorney and confirmed draft. I don't believe signing them was exclusive, but I do know that my dad would want his last wishes honored. I know there must be mitigating... Read more »
answered on Nov 13, 2020
CA Probate Code 15206. The settlor (your father) must have signed the trust amendment for it to be valid and enforceable. There is no exception for Covid. Sorry.
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