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Questions Answered by Nathan James Wagner
2 Answers | Asked in Estate Planning for California on
Q: Is probate necessary if no living trust just a last will?
Nathan James Wagner
Nathan James Wagner answered on Feb 18, 2014

It depends on what the deceased person owned. If the person owned real estate or bank accounts *in their name only*, then probate would be necessary. If they owned real estate as "joint tenants with right of survivorship", probate would not be necessary to transfer the property. If their bank... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: My sis had my parents sign a trust and named herself as executor she had it made up for them and read it to them

She is also named as executor they both told me they werent sure what they were signing. a week later they cancelled it and my sister got mad then brought her husband down the next day and they ended up signing another one. Is there anything I can do about it or do I just shut up as a child of my... Read more »

Nathan James Wagner
Nathan James Wagner answered on Apr 10, 2013

The best thing you can do about it is to have your parents get a lawyer who would represent them (and would not represent you or your sister). The lawyer could help them understand what they have signed and help them make changes that your parents think are fair.

Of course, you or your...
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2 Answers | Asked in Estate Planning for California on
Q: IF a savings account is not covered in trust does it go to next of kin?
Nathan James Wagner
Nathan James Wagner answered on Apr 10, 2013

If the savings account is in the name of more than 1 person, with "right of survivorship", it will go to the other person on the account. If not, it goes to the person (or people) named in the account holder's will. If there is no will, it goes to the next of kin. Who is next of kin will be... Read more »

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