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4 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: In California, which form do you use to respond to a Petition for Instructions in a probate case?

Trustee has filed a Petition for Instructions and I would like to respond to this request

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 7, 2024

Simply draft a pleading entitled “Objections of (insert your status and name , ie Heir Phil Suth) to Petition For Instructions”.

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1 Answer | Asked in Estate Planning for California on
Q: Trust or Will be paid by the executer of the Will, as debt being paid off do the benificary, money... During the death
James L. Arrasmith
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answered on Oct 7, 2024

When a person passes away and leaves a will, the executor of the estate is responsible for managing and distributing the assets according to the terms of the will. The executor also ensures that any debts or obligations, such as funeral costs or outstanding bills, are paid from the estate before... View More

2 Answers | Asked in Estate Planning and Family Law for California on
Q: My idiot brother is stopping me from seeing or talking to my mom because he has the power of attorney.

I know the power of attorney doesn't give him that right.

Julie King
Julie King
answered on Oct 7, 2024

Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: I need an attorney who is licensed in Puerto Rico. We are living in NY

My mother found out that she was left out of an inheritance. There is land in Puerto Rico that belong to her Grandparents and her father and his siblings. Her dad passed away when she was young, but her dad was the eldest son then came all the other siblings. Her uncle was the only child still... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 7, 2024

Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: The executrix unwilling to divide proceeds equally

My mother’s will left her house, equally, to her 4 children. My sister, who is the executrix, took 3 years to sell the house, without our agreement and now wants to subtract the cost of maintaining the property during that time from our share of the proceeds. What can we do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2024

More infomration is needed to properly answer your question so speak with a lawyer. Yes you can fight this, but you will have a hard time winning unless you can show that holding the house for that length of time was unreasonable under the circumstances. Obviously speak with a lawyer but remember... View More

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5 Answers | Asked in Estate Planning and Civil Rights for California on
Q: Can an attorney who claims to have personal knowledge submit two different versions of an event to the court? !
Julie King
Julie King
answered on Oct 4, 2024

People can write whatever they want and give the document to the court clerk, who will accept it so long as it is in the right format. But, after that point, the judge and any opposing party will read it. If the information that the witness changed is material (meaning it matters from a legal... View More

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2 Answers | Asked in Estate Planning for Maryland on
Q: Can a lawsuit assume a trust if a co-trustee is sued?

My sister has defaulted on a contract. I fear she is to be sued. She is co-trustee along with my Mother and myself of an account that pays for Mothers residential care. If sued will the party have access to the trust? Should we remove my sister's name from the trust to be able to assure... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 3, 2024

A Trustee overseeing someone else's Trust is a fiduciary or someone who manages someone else's money/assets. In some situations a Trustee actually manages their own assets for their own benefit in which case their creditors could usually get at such assets. However, when a fiduciary... View More

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1 Answer | Asked in Estate Planning for Oregon on
Q: Can some one explain this?

In determining the cash on hand for a trust, the bank has $66k, together with payment of $33k made by said person/beneficiary, is $99k to be divided in 3 equal shares, = $33k per beneficiary. Then the $33k is subtracted from the beneficiary share? How is that?

Theressa Hollis
Theressa Hollis
answered on Oct 2, 2024

To give you an accurate answer an attorney would need a lot more information. However, based on what you have written it sounds like one beneficiary owes the Trust $33,000 and the Trust bank account holds $66,000. Since the Trust is evidently to be split in three equal shares, the beneficiary who... View More

1 Answer | Asked in Estate Planning for Minnesota on
Q: Trust beneficiary discrimination based on religious beliefs

My father originally had his 3 sons solely as the income beneficiaries of a trust if he passed away. After I came out as non-Catholic, he amended the income beneficiaries to my mom and my oldest brother, excluding me and my middle brother (not sure why). I believe that he excluded me because of... View More

Robert Kane
Robert Kane
answered on Oct 2, 2024

Anti-discrimation laws are not applicable to individuals naming trust beneficiaries. They can discriminate as they wish.

1 Answer | Asked in Estate Planning for Florida on
Q: Can my Florida lawyer be my executioner for a will if I become a RI resident?
Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 2, 2024

This is a question that would need to be answered by a Rhode Island attorney as it is the law of the jurisdiction where the testator resides at time of death that would be applied. As an example, Florida law states that a personal representative (executor) must either be related by blood or... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can you tell me a change you might see in a free print off will from 2021 vs one you would print off today 2024

My dads ex girlfriend forged his will I have a lawyer, she used the website Eforms, she said he signed it 2021, the website says the NYS will was updated in May of 2024 but the company will not tell me what they exactly updated. I was thinking maybe it used to be that the witnesses could sign it... View More

Jack Mevorach
Jack Mevorach
answered on Oct 1, 2024

There's no way of knowing. Are you planning to contest the Will?

Jack

1 Answer | Asked in Estate Planning for Texas on
Q: The will says all docs and paperwork goes to the executor. My bother kept all family photos. Are pictures included?

Rift over family photos. Does pictures qualify as documents, paperwork..etc?

James Clifton
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James Clifton
answered on Oct 2, 2024

Pictures are personal property and should go to the beneficiary who is designated to receive personal property. If there are multiple individuals, the pictures will need to be split between them. If there is ambiguity in the will, it can lead to costly litigation if the beneficiaries can't... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How can I be reimbursed for estate and inherited property-related expenses if probate has been closed?

I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

James Clifton
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James Clifton
answered on Oct 2, 2024

If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.

If there are discovered assets or if further...
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3 Answers | Asked in Bankruptcy, Estate Planning, Family Law and Medical Malpractice for Colorado on
Q: If an ailing parent becomes my dependent what is my legal obligation to their financial debts? Medical, credit and other
Timothy Denison
Timothy Denison
answered on Oct 1, 2024

None. You are not obligated to pay any of their bills or expenses with your own money.

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1 Answer | Asked in Estate Planning and Real Estate Law on
Q: Landowner dispute

My landowner ( someone I bought my land from ) wants to demolish my house after I bought it so many years ago, saying the land which I bought from is now on the road.

The landowner said it was confirmed by his new surveyor that the house is on the road. His old surveyor was not good enough... View More

Anthony M. Avery
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answered on Oct 1, 2024

You have a Boundary Dispute. Hopefully you have been paying taxes and possessing the parcel. If so, you might own it by adverse possession under color of title or with no title. Hire an attorney now. File suit to Quiet Title (which is basically a Declaratory Judgment), etc. Ask for an... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If a personal representative in Florida misappropriated funds/commits fraud against disabled beneficiary

We're removing PR and resending Letters of Administration due violations under 733.609. Beneficiaries are close blood related. One is permanently disabled. Is there a criminal code for defrauding - intentionally & knowingly, a disabled adult. Under 733.609 PR has violated every aspect of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2024

The PR is required to be represented by an attorney if there is more than one beneficiary to a Will. Since there are more than one beneficiary, the PR is required to have an attorney. First, why have not mentioned what conversations you've had with the PR's attorney? Second, chapter 733... View More

1 Answer | Asked in Contracts, Copyright, Estate Planning and Constitutional Law on
Q: Isn't it the law if out on bail and pleads not guilty at preliminary appearance a new court date is supposed to given

And isn't it the law that once a president has been impeached by vote of both parties involved house and Senate that person is to IMMEDIATELY remove from that position until his term is determined

James L. Arrasmith
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answered on Sep 30, 2024

If you're out on bail and plead not guilty at a preliminary appearance, the law typically requires that a new court date be set. This ensures that the legal process continues and gives you and your attorney time to prepare for trial. Each state or jurisdiction may have different procedures for... View More

2 Answers | Asked in Real Estate Law, Probate and Estate Planning for California on
Q: I would like to take adverse possession of an abandoned property. Where should I start as far as legal process goes?

The neighbors cut my locks and relocked the gate that I used to gain entry. I had documented the adverse possession sign that I posted before then and I documented the conditions of the property. The house has been abandoned over 20 years and the neighbors dont believe I have the right to be there.... View More

Howard E. Kane
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Howard E. Kane
answered on Oct 1, 2024

Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an... View More

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1 Answer | Asked in Estate Planning, Family Law and Native American Law for Oklahoma on
Q: What do i need to do to claim my daughters dad's belongings from his brother after he's been deceased for two yrs?

For 13 yrs my daughters dad and i lived together as a marred couple. 7yrs ago his health took a turn for the worse. He was placed on dialysis at home at first and then into a facility later. I was a good candidate for him to have one of my kidneys. So, I started working on meeting all the goals for... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

Your question is not one that can be answered in this forum with a simple do this or do that. Based on your specific question, you will most likely be working in tribal court first. Contact an attorney who is on the bar of that nation for more specifics on your case.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I verify my rights as successor beneficiary of trust if trustee won’t provide copy?

My grandmother died in July and her assets were in a trust. I believe that my father, who died three years ago, is a beneficiary of the trust and I would be a successor beneficiary and may be entitled to his share.

The problem is that, despite multiple requests, the trustee has not provided... View More

Aaron Epling
Aaron Epling
answered on Sep 30, 2024

Beneficiaries are entitled to a copy of the trust instrument, among other things, under Ohio law. If you are having a difficult time with the trustee, then you need to be proactive. This is a common story and the longer you wait the more likely you are to end up with nothing. I recommend getting an... View More

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