We divided things up equally. Fast forward 10 years and we discovered he had a life insurance policy. They will not accept the trust documents as proof that I am the executor trustee of the estate. They will not discuss if there are any monies to be distributed to the estate. They say I must obtain... Read more »
There are at least a couple of options, although none are free. It appears that the policy was not part of the trust, so it is not surprising that they don't care who is trustee. If there is evidence he meant for it to be included in the trust, it may be possible to petition the probate court to... Read more »
Yes.
My father passed away about 10 months ago. He was divorced from my mother. Recently, my mother asked me if we (my husband, our three kids, answer I) had received the trusts that he had set up. My father had never mentioned, to me, that he had set up any trusts. My mom has said that she thought he... Read more »
Check how title is held for all real estate you know of that he owned. If it was transferred to a trust, it will be obvious, such as "X, as trustee of the Y trust".
If by quitclaim, you mean sell, then you do not need a special order for the sale to proceed. However, you still have a fiduciary duty to the beneficiaries, and you must follow the mandatory procedures, such as giving proper "Notice of Proposed Action".
Is it legally his now
Sorry for your loss. What you have described is not a valid will. A will must be signed and witnessed, or else written entirely in the person's hand writing and signed.
if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.
Depending on the particular facts of your case, it may be that you needed to go to court to file a petition to confirm the arbitration award.
If by quitclaim, you mean sell, then you do not need a special order for the sale to proceed. However, you still have a fiduciary duty to the beneficiaries, and you must follow the mandatory procedures, such as giving proper "Notice of Proposed Action".
I am able to write a check for a retainer and/or pay hourly for the legal assistance
That depends on the lawyer's hourly rate and the hours needed to undertake the specific project. Even for litigation, limited scope services are often simply "pay as you go". So, the first project may be to start the lawsuit by filing the drafting and filing the Complaint and arranging for... Read more »
There's a roommate I had that refused to pay the last bill of a utility, well his portion anyway. Long story short, its not a big amount but he turned out to be really rude to alot of people so I wanted to know if i could sue him in small claim court so he doesn't get away with not paying just... Read more »
Yes. There is no lower limit amount you can sue for in small claims court. Before you can sue, you must make a demand for payment to the person. If you do not know how to use the court, see if your county has a free small claims adviser. You can consult with, but not be represented by, a lawyer... Read more »
My grandmother recently passed, and my sister and I are the named trustees in her will for her estate (we were also her only living relatives). We are currently in the process of selling her home, and we can't seem to find a clear answer as to whether or not our inheritance of her estate will need... Read more »
The first step is to examine the title to the home. It is possible it is held in such a way as to avoid probate. If it is solely in your grandmother's name, then, real estate values being what they are in California, it will have to go through probate. Being named trustee is not the same as... Read more »
I've been without a car for 3 weeks, I work doing DoorDash so my car is my work. The last time I spoke to the adjuster at Alliance United 7/26/19 she told me she finally got in contact with the insured last week and not sure how to handle the claim because the insured doesn't know what happened as... Read more »
You do not have to have a broken bone to have a perfectly valid personal injury case. You are much more likely to resolve your case faster and for more money if you have an attorney. Almost all personal injury attorneys offer free case evaluations. Start calling now, because the longer you wait,... Read more »
This property where I live was gifted to me by a woman with whom I lived here with for many years. The deed was put in my name by her in 2007. She passed away in 2010. A little less than two years ago her daughter and son-inlaw showed up here from out of state. They have been trying to stake a... Read more »
Talk to a landlord tenant attorney about an eviction action.
My subtenant gave her 30 day notice on July 15, 2019 for her month to month Sublease and plans to move out by August 14, 2019. Since she paid last month deposit, am I obligated to refund her a portion of the last month deposit since she is moving out mid-month?
Yes. Tenants can give 30 days notice at any time, assuming the lease/rental agreement does not provide otherwise.
After a year long investigation in which we gave them everything they asked for.... They denied the claim.
If the claim was for personal injuries (like uninsured motorist), many attorneys will take such a case on contingency. That means they get paid a percentage of what you get from the insurance company. If the claim is for property, it is more likely you will have to hire an attorney on an hourly... Read more »
My grandmother had my mother and our family live in her paid off home since I was little. After Grandma died years ago, we continued to live there. My parents never married but my father pays/paid the property taxes every year. My mother suddenly died earlier this month and now an Uncle is trying... Read more »
In order to understand your rights and your potential claim to the property (all or part), an attorney will need to know how title to the property is held, whether there are any wills or trusts, and whether any probate or other court proceedings have taken place. You need to consult with a... Read more »
I was in a accident 7/14/19 and a 15 year old was driving the SUV with 2 older women when she made a u-turn in front of me and we collided. None of the women was on the insurance and it was the girl older brother car. The owner of the vehicle is taking his time to contact his insurance and a police... Read more »
Even without the insurance coverage issue, you should get your own attorney because you were injured. Do not speak with the insurance adjuster; certainly do not give a written or recorded statement. Most personal injury attorneys will give you a case evaluation at no charge.
Can I request a continuance? Or...? I need to find a lawyer as well
Not sure what you mean by a "request". If you are a party to the case, and you received a "Notice of Deposition", then you are required to appear, unless you can make other arrangements (or obtain a court order). Postponements are commonly granted. Be sure to confirm in writing the new date or... Read more »
That how the law is written in Stockton CA they sited penal code VC21663
Vehicle Code section 21663 specifically references motor vehicles. Even if a bicycle fits the definition of "motor vehicle", negligence in California is comparative. That means someone can be less than 100% at fault, and if so, still be able to get some compensation for their injuries. So if the... Read more »
I received this notice last week from my apartment saying "We will be doing 15 minute inspections from June 24-28 from 9am-7pm. Due to the amount of inspections we will not be making appointments or changing the dates of the inspections." My girlfriend has anxiety and knowing that someone will come... Read more »
Civil Code section 1954 cover the landlord's right to enter a dwelling unit. It does NOT provide for general "inspections". It DOES require that, for any allowed purpose, the specific date and an approximate time be given, and that these be during normal business hours. If a resident is home and... Read more »
I live in California and I might have to break my year lease early on my house that i'm renting. There is no verbage stating in the rental lease agreement say they will do anything if I break it early. If it's not in the lease saying they will do anything if I break the lease early, can I break it... Read more »
No. If you break the lease you will be responsible for contract damages. Typically, for a lease, this would be rent until the place is re-rented, plus any costs associated with re-renting early. If your lease contains an attorney fees clause, you could be responsible for those as well.
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