Unless a Court created the Trust then you are free to do what you want with it.

But there is no reason to "transfer" a trust. Except for self-settled irrevocable trusts, they are all pretty much the same and the states will recognize the other.

I am not even sure how you... View More

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,... View More

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... View More

I wouldn't record it outside of the Trust because you would lose all the advantages the Trust provides (like avoiding Probate).

Just amend the Trust to read what you want instead of the "50-50" split you have now.

No, the Power of Attorney was only valid while your uncle was alive.

The person with control over the property now is the Trustee (if it is in a Trust), or the Executor appointed by the Probate Court.

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.

Sorry.

But if you are hiring a divorce... View 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... View More

No.

I am sorry but last wishes must be in writing, ether handwritten and signed or typed and witnessed.

Any assets that he left behind belong to his creditors and his family (even if they cannot be found). Eventually some asset search company will find this abandoned money and look... View 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.... View More

There is no common law marriage in California. She has no rights to his property.

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... View 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.

I think you are saying that the parent only named one child as beneficiary of his retirement account. If that is so, then that is a binding decision on the part of the parent.

If you think she is being abused then you need to report this to Adult Protective Services in your County.

If you want to fix the problem of her being isolated from you, then you can ask for a Restraining Order for Elder Abuse. Isolating the elder from loved ones is considered abuse under... View More

Your question isn't quite clear.

If the victim (protected person) is in California then that is good and the questions are mostly about them.

Are you saying that the person requesting an order to protect our California elder is in NV? That is OK then, but you have to file... View More

If she was not married and had no registered domestic partner, then her assets go to her parents.

If that is all she had, then all you have to do is execute a small estate affidavit (Google one) stating that you are the sole heir (or have your siblings sign it too if you have any). Notarize it. Attach an original death certificate. Show that to the bank. No lawyers or judges needed.

It sounds like he was still listed as a beneficiary on a 401K or IRA or something.

Don't be shy! Call Fidelity and ask for a status. They wouldn't have sent that form just for fun.

He wasn't married to her was he? Divorce automatically cancels naming your ex as a... View More

You just use a deed. The deed transfers the property from the current owners to You, Trustee of the You Trust, dated Whenever, 1905.

There might be an extra form to go with it and there will be a small fee. The county recorder there is Mass should have a web site to give instructions.