My mother has had her husband (my stepfather) as the executor to her individual trust for 30 years, but due to his dementia he is unable to handle the responsibility after her death. When I use the word executor I'm referring to the person who will manage my mom's trust and assets after... Read more »
Go to the Probate Court for the county where he lived and look him up. If there is a Will then it was filed there and you can see it. If not, then you will find out if the family has started other proceedings. If there is no Will, then you are entitled to a...Read more »
You can make any trust into a Grantor Trust, where the original grantor (settlor; the guy with the money) just keeps paying the taxes himself on his 1040. Trusts have a very high tax rate so most people do it that way.
When the grantor dies (even of a Living Trust) then you have to get the...Read more »
The lawyer put himself as executor before heirs. Now they want to make an heir their executor. Also in their trust the lawyer is listed as a trustee. Do they need 3 separate codicils? One each for their wills and another for the trust? They don't want to spend money to do it all again.
If there is no Will and no Trust and nothing but some personal property, then you really have nothing to do except take his personal items and distribute them. You and his mother will have equal rights to the belonging. If there are bank accounts then you need to use the money to pay his bills,...Read more »
My mother has alzheimer's and wanders out of her yard into the neighborhood but my father is in denial about her condition and puts her in dangerous situations. He refuses any help from the family. Is there a way where my brother or I could get legal guardianship over my mother?
Conservatorship is a big step. It takes months, you need a doctor's opinion, and if your mother objects to it then you will not get it granted without a fight (a trial). If your father opposes it, then you have a different fight but still a family mess.
For an unlicensed person to give you legal advice is against the law. There are services and on line sites that give you a way to draft your own documents but they don't give advice. You can even buy a book.
A Will is pretty simple until you start trying to account for asset...Read more »
We have a 5 unit property that we purchase cash with my inheritance that I received from my mother in Austria. We have no children. We have a living trust, it is named in the trust, but we want it to go back to my family once my husband and I are gone. The way the trust reads is, that everything... Read more »
Before passing, she showed me how to access the account and that she was glad it would help us. My husband didn’t know about the account value until I told him about it after she died. His grief pushed him over the edge, he got a girlfriend and left me after obtaining this account. Divorce has... Read more »
If she never put your name on the account and never left it to you in a Will or Trust, then it belongs to him and him alone. Any inheritance like that is Separate Property and not Community Property, so you do not have any rights to it.
Had been in a Skilled Nursing Facility since the injury. But currently in Kindred Hospital Ontario. Waitng to be transferred back to Inland Valley Care in Pomona. Hopong to get him transferred to Lancaster, to be closer to home. He's receiving Military pension, VA Disability and Social... Read more »
Conservatorships come in two types: the person and the estate.
Conservatorship of the person allows you to make medical and personal decisions. Conservatorship of the estate allows you to handle his finances. Both take a few months to get (add an extra couple months due to the Corona...Read more »
Was the contact and his emergency contact for him when in hospital. He was hospitalized since September 2019 & found out he had lung cancer as well as other GI problems. Went home on his birthday January 31st. He was getting stronger but I got sick and was unable to see him. Then I got busy... Read more »
It depends on what you need. The Legal Aid Society and other agencies have free conservatorship clinics (I volunteer at the San Diego one); Google around. They normally only will do conservatorship of the Person, which gives you the right to run that person's life and medical decisions....Read more »
My father passed away and left no will. He and my mother were divorced, and he lived with another woman for 18 years unmarried. There are a few small things I would like to have as keepsakes, and his vehicle was in his name alone. As his blood relative am I entitled to these few things? or is... Read more »
You can do Probate yourself for small estates. Just buy a How To book (I like the NOLO book).
The house is yours now if the deed had you as a joint tenant. You need to file an Affidavit of Death of joint tenant with the County Clerlk, along with a copy of the death certificate, to get the...Read more »
This should not be enforceable at all. unless it is in the Will or the Trust. The very fact that he and his lawyer would say something so outrageous might be enough to keep him from being the Administrator if you can convince the judge that he does not have good intentions.
a parent recently passed away unexpectedly and they never got around to updating their pension, retirement accounts or will. The Will that we had was “dismissed” so that all of the children get equal shares however nothing was said about his pension which (because it was created so long ago)... Read more »
POA is not Conservatorship, they are abusing POA. My Lola is my Valentine every single day, to keep us apart is cruel. When she asks for me and they don't allow me to see her, that is cruel and elder abuse. I used to be my Lola's 24/7 live-in care provider since her kids and grandkids are... Read more »
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