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California Estate Planning Questions & Answers
Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

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answered on Mar 11, 2024

In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: Dad's will: Witnesses say I was left everything. My bro & step mom haven't shown me the will. How do I claim my inherita

Legal Deadline: Mar 18, 2024 | Description: That makes 1 year from the day my father passed and I don't know if there is a time limit on a will.

My father passed in March of 23. My brother who lived there and step mother have been getting rid of many items and have let other people... View More

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answered on Mar 7, 2024

Under California law, when someone passes away, their will must be filed with the probate court in the county where they lived. If you believe your father left a will that names you as a beneficiary, but your brother and stepmother are not showing it to you, you have the right to take action. Since... View More

1 Answer | Asked in Probate and Estate Planning for California on
Q: My brother died ,2 months after his death, his girlfriend cashed out my policy. What do I do?
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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

1 Answer | Asked in Estate Planning and Probate for California on
Q: How long does a defendant have to reply to a Petition for Probate? Time Sensitive - Reply Promptly Please

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

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for California on
Q: Brother is getting divorced after 6 years, but might back out due to worry over inherited home.

I did everything according to my lawyer as trustee of my parent's trust, which contained their home. Upon their death, My brother deposited my half of the money into the trust. I then, as trustee, signed the house over to him. That meant, according to my lawyer, he inherited 100% of the... View More

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answered on Mar 3, 2024

In California, property acquired through inheritance is generally considered separate property, not subject to division in a divorce. However, the situation becomes more complicated when a spouse is added to the title of the inherited property, as it may be seen as converting the property from... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: If a property is sold and new one purchased does it make it part of the estate prior to marriage?

My parents divorced in 1977 each kept one as part of the settlement. Several years later my father sold his and used the proceeds to purchase new home. About 7 years later he remarried and she moved into my dads. Some time later he sold that property and again used money to purchase new home.... View More

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answered on Mar 3, 2024

Under California law, property acquired before marriage generally remains the separate property of the spouse who acquired it. If your father sold a property he owned before remarrying and used those proceeds to purchase a new home, the nature of the new property's ownership depends on how it... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts, Estate Planning and Identity Theft for California on
Q: I think my family and my husbands family forged tricked me and my husband forged and altered documents what can I do?

we keep having bank issues and we went to a bank and my father in law knew the bank employee and we found accounts opened illegally and are signatures forged them my brother said he worked fkr triple A bit its an interexchange insurance agency and they altered and misrepresented what tyoe of... View More

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answered on Mar 2, 2024

Under California law, if you suspect fraudulent activity, such as forged documents, identity theft, and unauthorized opening of accounts or businesses in your name, taking immediate action is crucial. First, consider contacting a legal professional with experience in fraud or financial crimes. They... View More

1 Answer | Asked in Contracts and Estate Planning for California on
Q: I signed distribution letter but my sister executor won’t give me my full share she keeps telling me how I need to l

Live within my means she’s been torturing me for a year now am I just stuck with her bullying me I have nothing because of her

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answered on Feb 28, 2024

In California, the role of an executor, also known as an administrator, is to manage the estate of a deceased person according to the will's instructions and state law. This includes distributing assets to the beneficiaries as outlined in the will. If you've signed a distribution letter... View More

1 Answer | Asked in Contracts, Foreclosure and Estate Planning for California on
Q: How do I get rid of a mechanical lein placed on a home owned by my mom's trust?

My mom needed work done in her attic. A company called Attic Project took on the work knowing very well we didn't have the money stating my mom can pay them back later. I her son signed an agreement. My mom owes them 7200.00 now they want to place a mechanical lein on her home by middle of... View More

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answered on Feb 28, 2024

Under California law, dealing with a mechanic's lien on a property requires prompt and careful action. If a lien has been placed on your mom's home due to unpaid debts for work done, the first step is to review the agreement you signed with Attic Project. It's important to understand... View More

1 Answer | Asked in Contracts, Real Estate Law and Estate Planning for California on
Q: Can my uncle put my parents house in their parents trust

My parents bought condo &house and y grandparents cosigned. When grandfather died grandma dementia got bad, so my uncle put the my parents houses in trust. Can he do that?

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answered on Feb 26, 2024

Under California law, the ability to transfer property into a trust depends on who holds the title to the property. If your parents are the rightful owners of the condo and house, typically, only they have the authority to transfer their property into a trust. Co-signing on a loan does not grant... View More

1 Answer | Asked in Estate Planning for California on
Q: In California what’s the best way to deposit 370,000 inheritance because you just inherited but executor f doesn’t know

I really need this because I was forced to move out by executor and start new life with no money except enough to pay rent but still no job but I’m trying and my bills are piling up so is my girlfriends I just want to live my life again my sisters seem comfortable now that I’m waiting to get... View More

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answered on Feb 24, 2024

In California, when you receive a significant inheritance like $370,000, it's crucial to manage it wisely to ensure financial stability, especially in your situation with immediate financial needs and no current job. The first step is to deposit the inheritance into a safe and accessible... View More

1 Answer | Asked in Estate Planning for California on
Q: Can inheritance be distributed to certain family and not others my sisters know I need the money desperately

Or I will have to sell my mobile home I just got from one of homes sold bevause they kicked me out of other one that my dad said he didn’t want sold and I barely had enough to buy mobile home and now I’m trying to find work in new town and am barely surviving with my Partner my sisters both... View More

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answered on Feb 24, 2024

In California, the distribution of an inheritance is typically governed by the terms of the deceased’s will or, if there is no will, by state intestacy laws. These laws determine how assets are divided among surviving relatives. If you are legally entitled to a portion of the inheritance, your... View More

1 Answer | Asked in Estate Planning for California on
Q: My sisters who hate me one is executor won’t sign the distribution letter knowing I desperately need the money

I was forced to sell my home and they know I can’t get a lawyer I’ve been barely surviving got a year now and I’ve signed it even knowing they have both gotten more than I especially my sister she has taken way more from my share is their anything I can do or must I suffer until they sign... View More

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answered on Feb 23, 2024

In California, if an executor is not performing their duties properly or is acting against your interests, you have the right to petition the court for their removal and to enforce the distribution of the estate according to the will or state law. This includes cases where the executor withholds... View More

1 Answer | Asked in Estate Planning for California on
Q: Can executor make u sign to get share and free themselves of any doing too my sister knows I need money

And I need it can’t afford lawyer til after but it says I can’t fight anything when I sign

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answered on Feb 22, 2024

In California, it is common for executors to ask beneficiaries to sign a release form before distributing their share of the estate. This release can include language that absolves the executor of liability for their actions during the administration of the estate. While this practice is legal,... View More

1 Answer | Asked in Estate Planning for California on
Q: If distribution letter is signed and didn’t go through probate when do I get my share
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answered on Feb 22, 2024

In California, if a distribution letter is signed in the context of an estate that did not require formal probate, the timing for receiving your share depends on several factors. For estates that are administered without formal probate, such as those that pass via trust, joint tenancy, or other... View More

1 Answer | Asked in Estate Planning and Landlord - Tenant for California on
Q: My families property is in a trust created by my dad left to my mom who is still alive. My oldest brother and sister are

co-trustees. I've lived on the property for over 15years and am a named beneficiary of the trust. My brother somehow was able to evict me. The trust was revocable so he very well may have removed me from the trust. I haven't been able to get a copy of it. I just don't understand how... View More

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answered on Feb 22, 2024

Based on the information provided, it seems there may be a few issues at play with regards to your brother being able to evict you from the property that is held in a family trust:

1. If the trust was revocable, and your brother is a co-trustee, then potentially he and your sister could...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: What part of NC law could I quote to receive funds from estate?

I'll be brief, today is day 29. Aunt died years ago, mom was designated beneficiary of eatate and 1/2 listed executors in will, can't find other. Mother since died, father received notice of abandoned funds (final disability benefits), 30 day notice. Assuming since the funds were... View More

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answered on Feb 22, 2024

A few key considerations:

- If your mother was named as the sole beneficiary on assets that passed outside of probate (like life insurance or retirement accounts), then typically the money would go to her estate upon her death. As her spouse, your father may be entitled to some or all of...
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2 Answers | Asked in Estate Planning for California on
Q: I can’t afford lawyer and need estate planin advice?
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answered on Feb 21, 2024

Here are some options for estate planning in California without hiring a lawyer:

1. Use free or low-cost online templates to make your own will, living trust, etc. Sites like RocketLawyer.com or Nolo.com have templates that follow California laws. They cost much less than hiring a lawyer to...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: If a will hasn’t gone through probate ad the house was sold month ago when do beneficiary get their share
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answered on Feb 21, 2024

If a will has not gone through probate and a house that was part of the estate was sold a month ago, there are a few factors that determine when the beneficiaries would receive their share:

- Who sold the house? If it was sold by the executor without going through formal probate court, they...
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1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: HELP? My brother is trying to terminate a short marriage(6 years) but....he might back out because he can't pay her...?

Lawyer said he will owe her 45,000.00! His house is 100% inherited, but to refinance the loan on it he used to buy me out (his sister), he was forced to sign a quit claim to half the property? He never meant to give her his inheritance. He needed to buy me out. I'm thinking the 45k... View More

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answered on Feb 21, 2024

In California, property acquired through inheritance is generally considered separate property and not subject to division in a divorce. However, if your brother refinanced his home to buy you out and added his wife to the deed through a quitclaim, this could have converted what was once separate... View More

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