California Estate Planning Legal Questions

Depends upon the facts, but unless there was some misrepresentation, you probably are stuck and no attorney can help.? If not, you would see a real estate attorney, especially one who specializes in time shares.? I did get out of one [guy named Steward did it for $1,000], but most companies that say they can help either do nothing or charge a large amount.? There are a large number of scams around involving time shares; do not pay any money upfront.... Read More

If the attorney adds anything to the same document you signed, either the notarized document is now invalid [not the same document as notarized] and/or nothing added after you sign is valid.? The attorney has the document on his computer and can easily change the spelling of the name [actually, that probably is unnecessary if it is clear that it refers to you banks cash checks all the time where the name of the payee is slightly misspelled or a nick name that you do not use is used].Signing a quit claim deed does not transfer the property to anyone, it merely says you will no longer claim an interest [actually is even narrower than that but attorneys use the broader definition].? So which of the 7 is getting the property and now are you going to be paid when there is no sale of the property that produces money? I do not know much about liens, but I would think if his total assets exceed a certain number they will go after the excess money in the bank account if they are made aware of it.... Read More

You provide too little information for anyone to give a proper answer. If your left a Will, to whom did he leave hi portion of the house to? How was title to the house held if joint tenancy than she got the entire house. If you were not supposed to pay any rent, it is unclear if she has to give you the same legal notice as with a tenant. You need to go to an attorney who handles such matters to see what can be done. She definitely must give you a reasonable opportunity to get the possessions you own.... Read More

Depends; we need more information. If stepDad does not adopt step child, then she would not be his heir unless he so stated in a Will. But depending on how title to house was help, on mother's death natural child might be entitled to part of house [would not if help as joint tenants with right of survivorship, but might if held as private property or community property law]. You need to speak to a probate attorney; they will likely give you a free 15-20 minute meeting where they can tell you what they can do for you.... Read More

Ask the girlfriend for a copy; if she will not give it to you, ask the Uncle if he has a copy or knows which lawyer prepared it. If none of that works, tell the girlfriend you have no choice but to file to probate the Will and perhaps contest it. If you file, the executor/executrix must file the original of the Will with the Court. Realize however, that your father had the legal right to disinherit you so you may have no legal basis to challenge the Will.... Read More

You have no legal rights. If the photos were in the possession of your parents and you were an heir, you could have argued you were entitled to a share of them, but this late you are barred by not making an earlier claim. So you have to try to be nice to the widow, but I suspect neither one of you liked the other before he died.... Read More

Has she been appointed by the court to be the administrator of the Will; being named in the Will gives you almost no actual power. Tell her if she does not contact everyone within the next 5 days you will file to probate the Will and have someone else appointed to handle the distributions. If she was appointed by the court, tell her she is legally required to provide certain information and if she does not you will ask the court to appoint someone else.... Read More

While it is true a witness can be an adult who is not a beneficiary of the will it is good practice to have it notarized. Since she indirectly benefits from any bequest made to you if someone were to challenge the validly of your witness' objectivity and suitability as a witness - would be cleaner to have will notarized.... Read More

You have to look at the contract you signed to see how it can be canceled. Your state might have additional rules but if you signed the contract while out of state the other state's laws might apply. In California, you would have only a few days at best [3 business days]. Normally it is very difficult to void timeshare contracts as that is how the resort makes its income [plus annual membership fees]. You would have to show fraud, misrepresentation, etc, if the resort was not willing to cancel, but even then it would probably charge you a fee to do so. there a large number of companies who advertise they can get you out of the time share interest, but you have to either pay them several thousand dollars or they will just list the property and wait for someone to buy it on the after sale market [where the cost is often less than 50% of what the resort charges]. Many of these companies do absolutely nothing to market your time share interest.... Read More

Did either of your parents have wills? Assuming they did not, why would your cousins have any interest in your father's property? His heirs were your mother and his children, not his brothers or their children. Your mother's heirs are her children. Hire a lawyer, and administer your mother's estate.... Read More

There are attorneys who specialize in employee benefits [I know of at least one in San Francisco] on behalf of the employee. ?Your case is complicated because you may have discovered a fraud, there may have been an oral contract, several statutes of limitations [time deadlines to file suits], violations of federal law, etc.... Read More

Ideally, they would name him in their wills or a trust. If they have named you as a beneficiary, you might be able to disclaim and have it go to him, or you might assign your interest to him, depending on fact and circumstances. Such as, what do their documents say, and do you have other children?... Read More