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2 Answers | Asked in Criminal Law, Family Law and Probate for Texas on
Q: My brothers incarcerated he gave someone power of attorney he gave me the revocation of power of attorney for that perso

For that person how do I go about making sure that she knows she's no longer power of attorney over his stuff do I take her a copy or certified mail her a copy do I file in the court I'm not sure what to do can you help me there?

James L. Arrasmith
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answered on Jun 3, 2024

To ensure that the person who had power of attorney for your brother is aware of the revocation, you should take a few steps. First, deliver a copy of the revocation of power of attorney to her. This can be done in person, but sending it via certified mail with a return receipt is advisable to have... View More

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1 Answer | Asked in Probate for California on
Q: I have a Probate issue that was tampered with by a lawyer without my consent.

I'm not sure how to proceed because he took so much money

James L. Arrasmith
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answered on May 13, 2024

If a lawyer tampered with your probate case without your consent and took a significant amount of money, you have several options to consider. First, gather all documentation and evidence related to your probate case, including communications, invoices, and any court documents. This information... View More

1 Answer | Asked in Probate for Georgia on
Q: on a warranty deed my father's name as well as my step moms and one step sister with grantor and grantess to include ..

respective heirs, successors,and assigns were the context requires or permits . my dads gone and so is my step mom as one of his heirs can I just move into his house its not being lived in

James Clifton
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James Clifton
answered on May 13, 2024

It depends on a few factors. If the deed was held as joint tenants with right of survivorship, then your step sister is the current owner of the property. If the deed was held as tenants in common, then whether you inherited your father's portion would depend on whether he left a will and... View More

1 Answer | Asked in Family Law, Criminal Law, Arbitration / Mediation Law and Probate for California on
Q: In a tenancy in common ownership with siblings. Can I legally install lock on bedroom door while away on vacation?

The house is going through probate for tenancy in common. I want to protect my possessions and assets in my bedroom from the others who have stolen my things before and damaged my possessions.

James L. Arrasmith
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answered on May 13, 2024

In California, you generally have the right to secure your personal space within a shared property, especially if you have concerns about the safety of your possessions. Installing a lock on your bedroom door in a home shared through a tenancy in common typically falls within this scope, provided... View More

2 Answers | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for California on
Q: If you have got the petitioner to admit on the stand she and another were caregiver doesn't that take away undue influen

If you can show through declarations and documents that you were somewhere else?

James L. Arrasmith
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answered on May 13, 2024

Under California law, proving that a petitioner and another person were caregivers can indeed influence the court’s view on whether undue influence was exerted. If the caregivers had significant control or influence over an individual, especially one who might have been vulnerable or dependent,... View More

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1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: What are Colorado laws regarding inheriting property held as tenants in common?

First owner died, has one living son. Second owner died with no descendants but has sister and brother.

Michael Joseph Larranaga
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answered on May 11, 2024

Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.

You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the...
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2 Answers | Asked in Probate for Texas on
Q: Texas probate no will.who is next of kin.common law spouse or a blood great niece
James Clifton
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James Clifton
answered on May 10, 2024

Assuming the requirements of common law marriage have been met, the spouse will be the heir of the estate of the deceased. If the common law marriage was not registered with the county clerk, the surviving spouse will have to prove by evidence that the couple:

“agreed to be married”;...
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3 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: Is it illegal to have someone type up a letter for power of attorney when they are in the red deathbed unable to sign

I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More

Karn Thapar
Karn Thapar
answered on May 9, 2024

There are many issues here and you may be best served by speaking with a qualified attorney. As you stated, a power of attorney only applies during the lifetime of the individual. It ceases effectiveness at death. Additionally, it seems that there may be questions regarding the individual's... View More

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3 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: Is it illegal to have someone type up a letter for power of attorney when they are in the red deathbed unable to sign

I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More

Julie King
Julie King
answered on May 9, 2024

One of the key questions is whether a physician has opined that your mother no longer had sufficient mental capacity to understand what she was signing before she signed the power of attorney. People can lose their mental capacity from a legal standpoint years before death or never take place at... View More

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3 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: Is it illegal to have someone type up a letter for power of attorney when they are in the red deathbed unable to sign

I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More

James L. Arrasmith
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answered on May 9, 2024

I'm so sorry to hear about your difficult situation with your mother's passing and the issues surrounding her power of attorney. A few key points:

1. Power of attorney (POA) is only valid while the person granting it is alive. Once the person passes away, the POA is no longer in...
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1 Answer | Asked in Probate for Arizona on
Q: Probate law Q: I am the sole beneficiary and personal representative of my fathers annuity trust fund.

Need free legal advice on what to do to do, Completed all legal steps. Its been 8 years and no lawyer can provide information on how I can what my deceased father left me. I need to move forward with this. I look forward to a response for advice and or answers on my next steps to take in this... View More

Anthony M. Avery
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answered on May 9, 2024

Annuities are notorious for not paying out to designated beneficiaries. You might be able to sue the Annuity/Insurance company, but what court has jurisdiction will be a problem. SOL may have run, AZ law may not apply. Hire an attorney to sue in a local AZ Court or in Federal Court.... View More

2 Answers | Asked in Elder Law, Contracts and Probate for California on
Q: how to defend yourself from wrongdul allegations of undue influence fin. elder abuse,quiet title and cancel deed,

and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.

James L. Arrasmith
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answered on May 8, 2024

To defend yourself against wrongful allegations of undue influence, financial elder abuse, quiet title, deed cancellation, and rescission of a will under California law, consider the following steps:

1. Gather evidence: Collect all relevant documents, such as the deceased's will,...
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2 Answers | Asked in Elder Law, Contracts and Probate for California on
Q: how to defend yourself from wrongdul allegations of undue influence fin. elder abuse,quiet title and cancel deed,

and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.

Delaram Keshvarian
Delaram Keshvarian
answered on May 12, 2024

Thank you for your question!

The underlying cause of action action against you is "Undue Influence." Quiet title, cancellation of deed, and rescission of will are remedies sight of the liability in the underlying cause of action is proven.

Sometimes attorneys argue that...
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2 Answers | Asked in Probate for California on
Q: DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY FIDUCIARY

"Petitioner has no personal, financial or other relationship with attorneys or other agents hired by the petitioner"

Is it correct to leave out this section on a Petition for Final Distribution if petitioner is acting in Pro Per?

Thank you.

Howard E. Kane
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Howard E. Kane
answered on May 8, 2024

This paragraph should be included in the Petition for Final Distribution. In the alternative, you should describe your relationship with those hired by you. For instance, if family members cleaned out and hauled debris from the probate property and you paid them, then this relationship should be... View More

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2 Answers | Asked in Probate for California on
Q: DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY FIDUCIARY

"Petitioner has no personal, financial or other relationship with attorneys or other agents hired by the petitioner"

Is it correct to leave out this section on a Petition for Final Distribution if petitioner is acting in Pro Per?

Thank you.

James L. Arrasmith
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answered on May 8, 2024

If you are acting as a petitioner in pro per (representing yourself without an attorney) in a Petition for Final Distribution in California, it is generally appropriate to omit the section titled "DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY... View More

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Dad adopted me. He and Mom die. Does that give me the right to inherit their home . No will

My parents have no will I am the only child that shares both parents. They passed with no will. Can I I herit the property. It's just the house bo assets

Charles Watts
Charles Watts
answered on May 8, 2024

If you are legally adopted through the courts, then you are considered a child with the same rights of a naturally born child. This does not mean you are guaranteed the house, but it does mean you potentially have a rightful share in the home. You should contact an estate/probate/family law... View More

1 Answer | Asked in Criminal Law, Elder Law and Probate for New Mexico on
Q: In clovis New Mexico seems the executer stealing trust & OD my father &nobody else can get medical record or bank info

Laws in NM make it easy for executer to get away with murder and embezzlement nobody else can get the records or file wrongful death. My father was not her 1st victim commishioner James Ridling was my fathers friend and business partner. Does anyone know what happened to him.

Ryan Sise
Ryan Sise
answered on May 7, 2024

Good afternoon, I am sorry to hear about your father's passing. It seems as if the executor may not be following their assigned duties as the trust's executor. All is not lost, there are ways to encourage an executor of a trust to follow their required responsibilities, and/or you can ask... View More

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: I'm listed as beneficiary on a car registration, do I go to the DMV and claim it or does it need to go through probate?

My mother and father were both signed to the car but both of them have passed recently. The vehicle is physically in my possession as is the title, they gifted me the car but couldn't go to the DMV in person for the paperwork so it was never officially put in my name. I live in Virginia and... View More

Gerald Shea
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Gerald Shea
answered on May 7, 2024

The car is not subject to probate and should not be listed on the probate inventory.

The title transfer is handled by Connecticut DMV.

The vehicle should however be listed on the CT estate tax return, which is typically filed as part of probate.

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Probate for Oregon on
Q: What do I do when I am having problems with estate issues and family members

My sister controls my mother's estate. After she passed it was oral arrangement that we all decided to go with an even spit no problem for the first 18 months but then 18 months ago my sis just stopped paying me and now refuses to pay me ever again

Tim Akpinar
Tim Akpinar
answered on May 7, 2024

An Oregon attorney could advise best, but your question remains open for two weeks. While some questions can go unanswered on this forum, you might have better chances of a response by adding the headings "Probate" and "Estate Planning." While it's possible that your matter... View More

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Does title in AZ go back to original title after one person quik claim deeded his 50% to someone and they signed deed ba

My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.

"Right of Survivorship" in Arizona only applies to married...
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