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He lived in California and I live in Missouri. The hospital said that I won't be able to get them. He didn't own any property and wasn't married. I'm the oldest of his 4 children. My younger brother who was raised by my dad is incarcerated and him and I are the only ones who knew our dad.
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answered on Mar 6, 2024
In California, the right to access a deceased person's medical records is governed by the California Health and Safety Code, Section 123100-123149.5. If your father did not leave a will or any instructions regarding the disclosure of his medical records, the law provides a hierarchy of... View More 
What is the standard of proof when a beneficiary or petitioner claims the did not receive or the Trustee claims that petition to determine the validity of the trust was files after 120 days expired. What probate code or civil code governs what proof be shown i.e. receipt from post office etc.
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answered on Mar 6, 2024
Under California law, the standard for providing proof of service for a 120-day trustee notice, as well as the evidence required when a beneficiary or petitioner claims they did not receive the notice or that the trustee claims the petition to determine the validity of the trust was filed after the... View More
Hospital csn he give me power of. Attorney an I cam get his belongings am truck
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answered on Mar 6, 2024
If your son is currently unable to retrieve his belongings due to a no-contact order, granting you a power of attorney (POA) can be a legal means for you to act on his behalf. A power of attorney would allow you to manage certain affairs for him, such as collecting his belongings, including his... View More
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answered on Mar 6, 2024
The responsibility for a deceased spouse's debts can vary significantly depending on where you live, as laws differ by state, especially between community property states and common law states. In community property states, you may be liable for your spouse's debts incurred during the... View More
I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More
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answered on Mar 6, 2024
Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More
A man and a women get married, joining each other with 1 child each from a previous marriage. Together they have 1 child together. Over 30 years pass and the mother dies suddenly without a will. Father gets everything. Father remarries someone from a foreign country, she has two adult children and... View More
answered on Mar 6, 2024
First of all, if the first wife in your questions dies without a will in Virginia, the laws of intestate succession govern the distribution of her probate assets. In this case, the husband would receive one-third (not including potential spousal claims) and all of the children of the wife would... View More
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answered on Mar 6, 2024
In California, an attorney can record a lis pendens (pending lawsuit) against a property without the owner's consent if there is a pending lawsuit that affects the title or right to possession of the real property. However, the attorney must meet certain legal requirements:
1. There... View More
My dad died and left his house to my brother. My brother sold the house and didnt give me the money he promised. Am i entitled to percentage of the sale?
answered on Mar 5, 2024
I am sorry that you lost your father. I am also sorry that your brother did not keep his promise to you. However, if your father gave his house solely to your brother outright and free of any trust as your brother’s inheritance, then you are not entitled to any proceeds of the sale when your... View More
I SUBMITTED SOMEWHAT OF A ROUGH DRAFT TO THE LA COUNTY BOS WAS DENIED AND NOT SURE TO RESUBMIT CLAIM OR CONSIDER FURTHER LEGAL REMEDYS
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answered on Mar 5, 2024
When dealing with a claim for loss to a county board of supervisors, such as the Los Angeles County Board of Supervisors, you might want to consult with an attorney who has experience in government claims and administrative law. These attorneys are familiar with the processes and legal strategies... View More
At Granite construction if an employee of theirs dies unexpectedly, will they try to contact a named designated beneficiary they have on file and if the contact information for the beneficiary isn’t current, how do they go about locating them if they do do that?
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answered on Mar 5, 2024
In the event of an employee's unexpected death, companies like Granite Construction generally have protocols to reach out to the designated beneficiary listed by the employee. This process is a part of the company's responsibility to ensure that any benefits or entitlements, such as life... View More
My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More
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answered on Mar 6, 2024
In your situation, consulting with an estate or probate attorney would be a wise step. These lawyers handle cases involving estates, wills, and disputes after someone's death. They can help navigate the complexities of estate law, especially when there's no will, and ensure that your... View More
My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More
answered on Mar 5, 2024
I'm very sorry for your loss. You can ask the Post Office to forward your mail. You should be allowed to retrieve your personal property from the house. It's possible that you may be owed repayment for the mortgage payments you have made (less the cost of reasonable monthly rent).... View More
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answered on Mar 4, 2024
In a situation where you discover that your brother's girlfriend cashed out a policy following his death, it's essential to take immediate action. Begin by gathering all relevant documents related to the policy, including any beneficiary designations and communications with the insurance... View More
I know they went to the court house and filed for a marriage license but I haven't found one yet se never claimed his last name but he is listed on the deed of trust his name first & hers following and now I found out she signed a warranty deed over to her daughter without my grandfather... View More
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answered on Mar 4, 2024
If Grandfather's wife owned an interest in property, she can convey it. Hire a TX attorney to search the title and determine present ownership. No fraud by your stated facts. Deed may have been a nullity with not interest conveyed. Grandfather would then have standing to file suit to... View More
I filed a petition for probate in Riverside Superior Court of California, this petition was a demand for my father's third wife to produce my father's estate documents, along with other issues. The Petition was served by a Process server on Jan 26, 2024, how many day does the defendant... View More
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answered on Mar 4, 2024
In California probate proceedings, the time frame for a respondent to reply to a petition can vary based on the specific type of petition filed and the local court's rules. Generally, for most matters related to probate, such as contesting a will or objecting to an executor's appointment,... View More
My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More
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answered on Mar 4, 2024
Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More
can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will
answered on Apr 2, 2024
The fiduciary must follow the terms of the Will, assuming it is admitted to probate. If someone has standing, even a non-family member, then they can contest the Will. They will have to timely contest the Will, file the appropriate Objections and comport to all Court rules and requirements.... View More
can an court appointed admin of an estate pick and choose what to honor in a will/or unofficial will
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answered on Mar 4, 2024
An Executor appointed by the Court is a fiduciary of the estate. They are required to follow the directives set forth in the Will which has been validated by the Court. There is no such thing as an unofficial Will. A Will may be contested by non-family members. However, they must demonstrate... View More
PR LAW... Each child was granted property while father was alive now 3 rental properties remain. Heard there is a new law. Can you say what percentage to each?
answered on Mar 4, 2024
I am very sorry for your loss and please accept my condolences for you and your family. When there is no Will, then the Florida Intestate Statutes (without a Will) will apply. If all the children are from this marriage, then the surviving spouse inherits everything. You will need to speak with a... View More
I was not in court meeting daughter filed illegal guardianship over me she was awarded money. Can lawyer go after this money I am executor of the will do it have standing
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answered on Mar 4, 2024
If your daughter's lawyer has filed a lawsuit against you with the intention of accessing your mother's estate, and you are the sole executor and beneficiary as per the will, the situation requires careful legal handling. Even if your daughter is not named in the will, she may seek a... View More
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