I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »
Unfortunately, there is no way an attorney could tell you who your grandparents chose to be beneficiaries without reading your grandparents' trust. Otherwise, we would be guessing to whom they wanted to leave her assets.
I know there is a lot of legalese in trusts, but it is there for...Read more »
There is a 2nd adult daughter that he is excluding. How can he do this? Will a quit claim deed suffice? I believe the house is free and clear. Hispanic family but full citizenship. Please advise me what to tell him or where I can send him for legal advice. He is definitely low income.
It’s almost always better to give real estate to children through a trust at death than to give it to them during the parent’s life because the taxes will be so much higher. If your home has not gone up in value since you bought it, or you have a high tax basis on the home, you can weigh the...Read more »
Your mother should be putting almost all of her assets into the trust, so the assets can be distributed in accordance with the terms of the trust. If your mother passes away and has assets outside of the trust that are valued at $166,250 or more, someone in your family (maybe you!) will need to go...Read more »
The answer to your question will depend on whether your father had a trust or will. If so, those documents should say who has what rights. If your father did not have a trust, you most likely need to file a Petition with the Probate Court (or hire a lawyer to do so) and get a court order before...Read more »
I am employed, in CA, "at will" with a Limited Liability Company, SSG, that provides services to schools. I am hourly. I signed a No Solicitation agreement- that I wont accept employment, with the client (school) I have been assigned, during and 2 years after termination. I signed this... Read more »
Non-solicitation and non-competition agreements are not enforceable (i.e., cannot be enforced in court) against employees in California. However, those agreements are valid against business owners and the businesses themselves (corporation, LLC, etc.) in some circumstances. For example, it is...Read more »
My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »
Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many...Read more »
My niece is 38 yrs old, parents died in accident at 15 months old. Money was left for her, but didn't know. Has a statute of limitations run out on her ability to get restitution? Thank you for any help you can give me so we can guide her in whether to pursue civil action.
The answer to your questions would depend on a number of facts that are not included in your question. For example, was the money was left in a trust and, if so, what did the trust document say the money had to be used for? If the money was left in a trust and the trust document said the money...Read more »
It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or...Read more »
The original settler is deceased. The trustee has power to distribute his 1/3 of income and principal to himself. The question is whether the Trustee-beneficiary is considered a substantial owner under IRC 678(a)(1) and therefore taxed currently on his 1/3 of trust income.
It is most likely a non-grantor trust, but there is no way to know unless a lawyer reads the terms of your particular trust. Each trust contains different language. The main question will be whether the settlor/grantor of the trust has any control or powers. Take your trust to an attorney in your...Read more »
I am trying to use her funds to pay her bills after she passed away this thanksgiving...Please advise
I have the trust papers designating me as her trust successor. what is the process for closing out her bank accounts and certificates of deposit? transferring her real property so that I... Read more »
You're asking how to administer a trust, which is a detailed process that cannot be easily explained in a sentence or two. This website is meant for quick questions and answers, not explaining a five month process that involves formal notices required by law (the content of which is very...Read more »
I told my employer I was going to return after months of being in disability due to pregnancy related issues. Since he have a small business he told me I was not able to return since he can not afford another employee he has 3 employees. I did not told him I was going to file a worker compensation... Read more »
If a lawyer advised you to file a fraudulent workers compensation claim, you need a new lawyer. There are serious penalties for filing false claims. Don’t do it. See a different lawyer and file for unemployment.
Interestingly, mobile homes attached to the ground are classified as real estate (real property), but mobile homes that are not attached to the ground are classified as vehicles (personal property.) If you add up the value of ALL your assets except retirement and your car, and the assets are valued...Read more »
The law in California is that people who have certain assets with a total value of $166,250 or more have three choices: (1) sign a Will and, after their death, their heirs must go through a year-long court process called probate before inheriting their assets; (2) sign a trust and, after their...Read more »
My living trust was created in the past, and it already includes my rental property. Next year, I want to create an LLC for my rental property. After the LLC is created, do I have to add the LLC into my trust?
Yes, the LLC membership interests need to be transferred to your trust. (An LLC’s membership interests are like shares of stock in a corporation, so they represent ownership.) In other words, the LLC needs to be added to your schedule of assets and the ownership interests of the LLC need to be...Read more »
In most instances, you should be able to do that. A lawyer would need more information. But you should see an attorney who handles both conservatorships and elder abuse as soon as possible, so the abuse can be stopped quickly. Best wishes to you.
Sometimes companies say they need a court order, but a Small Estate Affidavit can work in many instances. A lawyer would need to know if your father had a trust or will, and the dollar value of his assets at the time he passed before giving practical advice in your case. But, a Small Estate...Read more »
You do not need to probate the estate due to the house, but you may need to probate his estate IF (1) he did not have a trust and the value of his probatable assets is $166,250 or higher; or (2) if the value of his probatable assets are less than $166,250. There isn't enough information in...Read more »
If you don't know what to do, you should go to the self-help center of your local courthouse or, if there is none, hire a litigation attorney. Getting a litigator to help you is clearly the best route because you are already behind the eight ball, as they say. Do not delay. This is VERY...Read more »
She passed several years ago, and the house is still in the name of her estate. We've been living in the house. First of all, we'd like to transfer the title to us, so we'll need to know how to do that. Beyond that, the house is in disrepair, and either needs to be completely... Read more »
Any California resident who passes away (called a "decedent") will have their assets valued. Decedents with assets valued at $166,250 or greater must have their assets reviewed by a court BEFORE the heirs can inherit the assets -- although there are some exceptions to that general rule if...Read more »
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