My elderly neighbor's husband just passed, and she finds herself overwhelmed by paperwork, by legal matters, and so forth. She is getting quite on in years and has no living family. She offered to will me her home if I would become power of attorney on her behalf and helped manage her affairs.... Read more »
My mother recently passed away. I have a will and a power of attorney signed by my mother. I am her sole survivor. The bank will not allow me to access her bank account saying that I need to go to the county and get a small estate affidavit and/or appointment papers as the... Read more »
Just go to the courthouse (the county Probate court should work best) and look it up on their computers. You should be able to search the Probate files with just the name of the deceased; if not the clerk can help you. Then look at the File and print up the Will that was entered into the court.
If yo ualready have the trust, all you have to do is make a new deed and record it with the County Clerk. The clerk will charge you about $25 if it is your residence and $100 if it is not. If you want the deed written for you then it is probably about $250.
What does my wife need to prove to the court and what is the best type of evidence for my wife to provide the courts to show the that her mother needs to be confined for her safety and the safety of others(her mother has he her liscenae revoked but still drives when she shouldn’t she stops in the... Read more »
A Conservatorship is filed in the County where she lives. You can ask the judge for special powers to put her in a facility where she can be kept from wandering, but your doctor has to support it and the judge won't want to do it unless it really is the best thing for Mom; the same procedure...Read more »
My father owns a house outright in California. I am the only child, and the house is in trust to be inherited down to me. My mother passed 2 years ago. If I in turn sell the house after my dad passes, do I get hit with capital gains tax?
If mom died without a Will (called dying intestate) then the Probate Court has to approve the disposition of her assets. Someone has to go to the Probate Court where she died and start the proceedings. It won't matter where you live. Her assets will be divided per the law which generally...Read more »
My father still has a small mortgage on the home. He already has a Will and Durable POA. He is interested in creating a mechanism such as a living trust by which his home and minivan can be transferred to me as his sole heir without the necessity of the property going through probate. His Will... Read more »
The custodian of the Will is required by law to "lodge" it with the Probate Court and start the process. The court appoints an Admiistrator and then supervises the distribution of the assets. It is kind of a long, annoying process which is why we use Trusts to avoid it.
My parents, who are in their 80's still paying mortgage on house. What is involved for me to pay off the mortgage and putting the title under my name so my parents do not have to worry about this anymore?
If you move the house into your name while they are alive then you will give up a HUGE tax advantage. Right now if the house is sold, your parents have a big tax liability for all the profit they make on the sale (probably). If they GIVE the property to you then you carry the...Read more »
My boyfriend is a co-trustee and beneficiary of a family trust. The entire family consists of my boyfriend, his mother and brother (the three co-trustees). They do not have any other family members, extended or otherwise. However, last year my boyfriend and I had a daughter together, but she is not... Read more »
You have to look at the Trust to see how it is written. When I write one I make it so you never have to worry about this problem and don't have to update your Trust every time anyone has a baby. I bet this Trust is written that way too, BUT a Trust can be written any way the client wants so...Read more »
Yes. The Statutory Will is designed to be foolproof, but if you have any special circumstances or want to get tricky then get some help. A professional will make sure you avoid Probate, plan for long term nursing care and avoid serious tax mistakes.
My father owns his house outright, and wants to put the house in my name now. First, is this a good idea? The house is in a trust to me in case he passes. Second, if and when I become the owner of the house, can I resume the prop 13 taxes? If I can resume those prop 13 taxes, if I were to sell... Read more »
If you inherit the house instead of having it gifted, you save a ton of money on taxes. If you inherit then your tax basis is stepped up to the current value; if dad gifts it then you also get his tax basis. That means a huge difference in the taxable gain when you sell....Read more »
To get a deed changed you need an order from the Probate Court, unless the property was in a Trust.
The Probate Court will look at the Will and hold hearings to make sure there are no problems, and then give an order for authority to distribute the assets. If there was no Will then you do...Read more »
If you are specifically named as getting nothing, then all you can do is challenge the mental capacity of your father to make that decision. If he was in his full senses, then he has the right to exclude you if he wants to.
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