Two beneficiaries of a revocable trust stated in California removed funds held in trust by me to deny me reasonable compensation and unreimbursed expenses. One of the beneficiaries was my soon-to-be ex-husband. The trustor is my mother-in-law and I believe her to be financially incompetent and had... View More 
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answered on Feb 21, 2024
In California, it is possible to address your situation through legal proceedings, but the strategy involves careful consideration of the complexities involved in trust and conservatorship law. When dealing with a conservatorship petition, specifically if you believe a party to be financially... View More
Grantor left three beneficiaries to an estate valued at $1,000,000
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answered on Feb 21, 2024
Upon the death of the grantor of a living trust in California, the successor trustee has certain legal obligations to provide notice to the trust beneficiaries. Here are the key details:
• Notice of Trust - Within 60 days after the grantor's death, the successor trustee is required... View More
My aunt abused her caretaker/trustee position to exert undue influence on my grandparents to secretly create two amendments to their family trust just before they died. They were in their mid 90's, had dementia, were legally blind, and clearly did not understand what they signed. While they... View More
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answered on Feb 20, 2024
Under California law, a trustee is obligated to act in the best interest of all beneficiaries according to the terms set forth in the trust document. The trustee must adhere to the duties of notification, which include informing beneficiaries about the trust and any significant changes to it, such... View More
My sister is executor they have lied to me as well and doing unfair things do I have my rights I can’t afford help they know it
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answered on Feb 20, 2024
In California, as a beneficiary of a will, you have rights to be informed about the estate and the distribution of assets. If your sister is the executor and is not being transparent or fair, you can request a copy of the will and an accounting of the estate from her. Executors have a legal duty to... View More
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answered on Feb 20, 2024
In California, if your name is misspelled in a trust document where you are named as the trustee, it's usually not a significant issue that affects your authority or duties as trustee. However, for clarity and to avoid potential confusion in the future, especially when dealing with banks,... View More
Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.
Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.
answered on Feb 18, 2024
It applies only to property occupied by you, or your spouse, or a very close family member. See the actual statute, below, for the definitions,... View More
Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.
Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.
answered on Feb 18, 2024
It applies to the principal dwelling. See California Civil Code §§ 704.710 through 704.850.
There are many tools and techniques to collect judgments, including real property lien, bank levies, charging orders, wage garnishment, etc.
Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.
Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.
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answered on Feb 21, 2024
It's important for both creditors and debtors to understand their rights and obligations under California law. Debtors should be aware of the protections available to them, including the homestead exemption for their primary residence, while creditors should explore all legal avenues for... View More
I became the trustee when my mother passed away. I am sole beneficiary, and there are no alternate successors mentioned in the trust.
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answered on Feb 21, 2024
In California, the terms of the trust document itself largely determine the ability to add a new successor trustee without court intervention. If the trust document provides a mechanism or procedure for the appointment of successor trustees, and you, as the current trustee and sole beneficiary,... View More
I need to make distributions from the estate that I am executor of. the court order named beneficiaries by their names so in their personal capacity. The beneficiaries want me to wire money to their trust accounts. one has a living trust and the other has a special needs trust for their adult... View More
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answered on Feb 21, 2024
Under California law, the distribution of estate assets must generally adhere to the terms outlined in the court order and any related legal documents. If the court order specifies distribution to the beneficiaries in their personal capacity, wiring the funds directly to their trusts may not align... View More
Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts
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answered on Feb 21, 2024
If the bank has denied your legitimate power of attorney (POA) over your friend's affairs and frozen his accounts, it's crucial to take prompt action to address the situation. First, review the specific terms of the POA document to ensure it complies with California law and contains all... View More
So as executor of their trust, my father, never funded the B trust he lived one year after my mom passed away and during that year, he spent all kinds of money and gave it away so I want to be fair and make sure every beneficiary gets what they’re supposed to, but I am unsure how to separate the... View More
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answered on Feb 21, 2024
In California, an A-B trust is designed to minimize estate taxes and manage the distribution of assets to beneficiaries. When one spouse passes away, the trust is typically divided into two sub-trusts: the Survivor's Trust (A) and the Decedent's Trust (B). The failure to fund the B trust... View More
So as executor of their trust, my father, never funded the B trust he lived one year after my mom passed away and during that year, he spent all kinds of money and gave it away so I want to be fair and make sure every beneficiary gets what they’re supposed to, but I am unsure how to separate the... View More
answered on Feb 10, 2024
The accounting would normally start with the value of all assets that existed on the day your mother died. But, if there are no step-siblings (children from other marriages or relationships) then, in many cases, all of the children can agree in writing to avoid the forensic accounting and split the... View More
My father has passed away December 2023. My mothers name is not in any documents, for it to be next to kin. We live in California, and we were told to do a spousal transfer petition. Which we have moved forward with. it cost us $4500.00. We are being told its a 60%-70% chance of winning. This is... View More
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answered on Feb 21, 2024
I'm very sorry for your loss. You do have some lower-cost options to pursue transferring the home before needing to pay thousands for a probate attorney:
1. If your father had a will leaving the home to a particular beneficiary, you can do an Affidavit Procedure to transfer title for... View More
My father has passed away December 2023. My mothers name is not in any documents, for it to be next to kin. We live in California, and we were told to do a spousal transfer petition. Which we have moved forward with. it cost us $4500.00. We are being told its a 60%-70% chance of winning. This is... View More
answered on Feb 10, 2024
The answer to your question depends on what other assets your father had in his name only and whether your father had a trust, a will, or did no estate planning. A spousal property petition is certainly a good possibility. If you don’t want to use an attorney, you could try to draft the Petition... View More
My father has passed away December 2023. My mothers name is not in any documents, for it to be next to kin. We live in California, and we were told to do a spousal transfer petition. Which we have moved forward with. it cost us $4500.00. We are being told its a 60%-70% chance of winning. This is... View More
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answered on Feb 12, 2024
In addition to what has already been stated by a fellow attorney, also please know that if you do end up in Probate proceedings, the attorney's and executor's fees are based on statutory commissions as set by the Probate Code. Your attorney and the Executor will get paid at the end of the... View More
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answered on Feb 22, 2024
To obtain a court order in California that grants you the rights to act on behalf of your deceased daughter, you would typically start by initiating a probate case if her estate requires it, or by applying for a specific order related to her assets or affairs. This process is often necessary to... View More
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answered on Feb 6, 2024
In California, to obtain acting rights on behalf of your deceased daughter, you would typically need to go through the probate court process to be appointed as the administrator or executor of her estate. This involves filing a petition for probate in the county where your daughter lived at the... View More
My dad would take me shooting as a child (I have pictures). He always told me one day all his guns would be mine. We went to AA meetings together as adults, and he would still say "you're getting my guns". My stepmother told me he left me nothing, and I told her what he always... View More
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answered on Feb 5, 2024
Under California law, if your father promised you specific family heirlooms such as guns, and there is evidence, such as photographs or witnesses, supporting these promises, you may have a legal claim to enforce these promises. While verbal promises can be challenging to prove, your consistent... View More
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answered on Feb 4, 2024
Under California law, if a will has been filed by a non-family member, and you have concerns or believe that the will does not accurately reflect the decedent's intentions, you have the right to contest the will. To do this, you must have legal standing, meaning you would have been entitled to... View More
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