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Husband and second wife had no will or living trust. The

Husband and second wife had no will or living trust. The husband was the breadwinner and had considerable investments in a brokerage account. The husband and wife both became ill with cancer. (The wife filed for divorce but did not conclude the divorce.) Two days before he died, she wrote a trust. She then died a few months later. The trust she wrote leaves to the beneficiaries percentages of her estate, which assumes his investments. My question is this: if he named beneficiaries as part of his brokerage account, does that pre-empt her ability to assume those assets and designate to her beneficiaries?

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ScottyMacEsq

Doctoral Degree

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This is a probate issue in California. A probate referee

This is a probate issue in California.A probate referee appraised my Aunt's home many months after my Aunt's death at $85,000. During that time, the home was occupied by squatters and drug addicts who stripped all the appliances and sold them and decimated the house. The home was then over-run with rodents. Disgusting.Seventeen months after my Aunt's demise, the home (in Oakland) sold for $155,000, an appreciation rate of 82% over the referee's appraisal while the house was being destroyed. We have comps from the area that demonstrate the probate referee's appraisal was incorrect.The Estate Administrator insists on using the probate referee's appraisal as the basis resulting in a ridiculous tax liability. Do I have any chance in successfully objecting to the appraisal at the final accounting and distribution hearing? I'm just asking the Court to use a little common sense! Thank you!

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

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My mom recently died in Texas leaving a Trust in California

My mom recently died in Texas leaving a Trust in California that includes a pour over will that has my sister as first succeeding Trustee, she resides in Texas, I live in California. My mom has a home here in California in the will it says if the Trustee fails to act (as in failing to come to California to sell the property) the second Trustee is to assume the Trusteeship and conclude the business. How much time must elapse after before it becomes official the first Trustee has failed to act and the second Trustee can assume that role?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,556 satisfied customers
This question is. I would like to know is it lawful Attorney

This question is forCustomeronly. I would like to know is it lawful for an Attorney practicing in California to organize a LLC for the sole purpose of being a “Law Suits Settlements Vehicle” for his clients and other parties involved in civil Law Suit cases. If he is not allowed to do it as an “LLC” can the Attorney organize a LLP for this purpose? Please cite the California rules and/or case laws that address this question. This is a class project assignment for me. Thank You.

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My brother lives in my dads house and has been making

my brother lives in my dads house and has been making payments on it for several years. He is no longer able to make the payments and wants to give the house back to the bank. My dad is disabled and unable to make the payments either. I have power of attorney, will they come after me if payments are not made?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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My wife of 23 years took me off her trust and all other

My wife of 23 years took me off her trust and all other accounts two years ago. When she died last Sunday her son told me I was not on the trust or anything. What a shock. What can I do?

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William B. Esq.

Attorney

Doctoral Degree

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My parents purchased a home in Chilton, County Alabama in

My parents purchased a home in Chilton, County Alabama in '74 on a leased lot, but I wasn't able to locate adeed for the house. The land was purchased in 1991 from Alabama Power Company,and I have a copy of that deed.My mother transferred the deed to my sister in April 2000 after my father passed away.The legal descriptions of the property are identical on both deeds.My mother passed away in 2015, and I would like to know if the house is part of my mother's estate oris it automatically included in the deed my sister has.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: AlabamaJA: Have you talked to a lawyer yet?Customer: I have talked to another one online about this issue but would like another opinionJA: Anything else you think the lawyer should know?Customer: no

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Dwayne B.

Juris Doctor

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I live in Florida I mailed a money order to La to help a

I live in Florida I mailed a money order to La to help a friend with rent after many conversations and text with landlord was told they never received. Friend threatened with eviction I am on a fixed income but struggled to come up with more money--I just received info and documentation from western union Money order was altered Unit number was changed do I have any recourse other than demanding money be credited to correct account does their bank have any liability for accepting altered money order.. I am stress and tired thank you

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Dwayne B.

Juris Doctor

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I'm contacting you on behalf of my nephew. He is currently

I'm contacting you on behalf of my nephew. He is currently incarcerated in a county jail due to a probation violation. He was sentenced originally to 3 years probation - supervised by Community Corrections. He had 423 days of street credit at the time he violated. However, he wasn't given credit for the time. There is no information in the court transcript or sentencing information stating that he shouldn't have been given credit. At this point, he has been in jail for 15 months, was a trustee for 10 months, and also worked a job to reduce his time. He should have been released in March if given credit for the street time. We have consulted a lawyer who agrees that he should be released. The lawyer filed a motion in Circuit Court to appear before the same judge who sentenced my nephew. However, the lawyer is non-responsive and has told us that we're at the mercy of the judge. He can decide when to set a date to hear the case. Can you please advise whether we have a case and if the information that we have been told is correct?

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rsa.esq

Counselor at Law

Juris Doctor

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148 satisfied customers
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