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 »
I have, since I left that company, started my own company and I am ready to do business as a sole proprietor under my own operators license. How long do I have to wait until I can legally solicit the clients from my old route/ company? Thank you.
If you signed a non-compete agreement with your prior employment, the term would be spelled out in that contract. Those agreements must be limited in scope and duration, and specific as to those parameters. If you didn’t sign any such agreement, then you may solicit whomever you wish, as long...Read more »
If the husband owns the house as his sole and separate property, he can leave it to whomever he chooses. If the house is community property with his wife, then he can leave his half to whomever he wants. The wife can leave her half to the son or whomever else she chooses.
In CA, a will must be witnessed. A trust does not need to be witnessed. You have no entitlement under the probate code to copies of either document merely because you signed it as a witness. You must have either a pecuniary interest (you are a beneficiary) or some duty (eg. Executor of the will or...Read more »
They are three different things. The person listed on the advance directive (medical POA) may or may not be the attorney in fact for the financial POA. Moreover, those documents are no longer effective upon the death of the person who executed them. Executor refers to a person designated under a...Read more »
The pour over will should designate an executor. Moreover, the fact that it is a “pour over” will means there is a trust, so probate, and hence the executor duties, may not be necessary. Who is the executor of the will and trustee of the trust? They are frequently the same person.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.