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Questions Answered by Julie King
1 Answer | Asked in Estate Planning for California on
Q: I WAS HELPING A FRIEND PREPARE A LIVING TRUST HE PASSED AWAY AND NOW THE FAMILY WANT ME TO GIVE THEM ALL THE INFORMATION
Julie King
Julie King answered on Jan 28, 2022

If your friend did not sign the trust before he passed, there is no trust in place. Also, if he signed the trust, but did not move his assets into the trust, the document will likely be insufficient to keep the family from going through the probate process. In other words, if your friend had assets... Read more »

1 Answer | Asked in Estate Planning for California on
Q: How to lodge original Will with California court if Will has been damaged by printer, but still legible?

I have my father's original pour over Will and Revocable Trust. I need to lodge the original Will, even though there will not be a probate. The problem is, when I went to make a copy of the Will at a hotel, the printer printed "error code" text all over the original Will. You can... Read more »

Julie King
Julie King answered on Jan 28, 2022

Just mail the original will, a cover letter saying you want to "lodge" the will, and a check for the filing fee. If the court doesn't accept it, the court will return it to you with your check.

2 Answers | Asked in Estate Planning for California on
Q: My wife is likely to pass soon due to cancer. Is there any benefit to getting a Trust in place for tax purposes?

We don't have a Will at present.

Julie King
Julie King answered on Jan 27, 2022

If your wife and/or you have assets that total $166,250 or more, you almost certainly need a trust or your family will have to go through the 12-24 month long court process called probate. People who have trusts, and who have placed appropriate assets in the trust, can avoid probate, so they can... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: Executor of unfunded trust would not inventory or fund trust after death
Julie King
Julie King answered on Jan 27, 2022

Your question isn't clear to a lawyer because "executors" are the responsible people for Wills. "Trustees" are the responsible people for trusts. The trustee of the trust would not need to provide an inventory of what is in the trust because an "unfunded trust",... Read more »

1 Answer | Asked in Estate Planning and Family Law for California on
Q: As next next of kin, do I have authority to secure property for decedent estranged from her only son, whereabouts???

Cousin passed (indigent), estranged from son lost to CPS and adopted; no other heirs but 4 cousins. Contacted through medical records, I was the closest. Can I legally act as agent to secure her property, make decisions, and conduct discovery for legal docs? Son expressed no interest in the estate... Read more »

Julie King
Julie King answered on Jan 20, 2022

If your cousin had signed a Health Care Directive, that document would say who has the right to make her final arrangements. If you don't know whether she signed a Health Care Directive, the hospital may know and/or the Coroner may allow you to make the call. You can pay for the cremation and... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Brothers suing me over house I live in. Our names on deed. Plan on evictingbme to sell

everyone off of the land.

If you chose the second option, the costs of evicting you and the rental value of the house for the entire time you’ve been there, plus attorneys fees, will be taken out of your share of the proceeds when the property is sold.

There is no option where... Read more »

Julie King
Julie King answered on Jan 19, 2022

If the house was inherited by another person and you, then that other person has just as much right to the house as you do. So, by you taking 100% possession and not allowing the other owner to benefit from the inheritance, you are taking and using someone else's asset. Think of it this way:... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Is there a way to claim a house from a trust and then transfer the deed of a house without it showing up on taxes?

A family member of mine was bequeathed a house from a living trust. He has not claimed it because he doesn’t work so he can get medi-cal to cover the medical care that he needs. Would he be able to claim it and transfer it to someone else without it affecting his qualifications for medical or his... Read more »

Julie King
Julie King answered on Jan 19, 2022

No. Deeds are public records that anyone can see and receive a copy of simply by asking the County Recorder and paying the copying fee. Many counties have their deeds online for easy access. Also, be aware that there is a “look back period” before someone can qualify for some needs-based... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: How do my fiancé and I set up our financial plans and estate plans when he has a minor child by his late wife?

My fiancé and I live in California and are about 40 years old. We hope to marry and have children soon. He has one living ten year old son by late wife. I will likely need to reduce or even quit work to care for his child once we marry. My fiancé has significantly more money, including retirement... Read more »

Julie King
Julie King answered on Jan 19, 2022

When a couple sets up a trust, each person gets to say to whom the person wants his/her/their half of the community property and all separate property. The other person gets to say who wlll receive his/her/their assets (again that person's half of the community property and all separate... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Father has left his trust to 3 sons. Personal and commercial properties in the trust. Estate lawyer changed the prop

Properties in the name of one son, executor. Is the interest of the other brothers protected? He said he did this for tax purposes

Julie King
Julie King answered on Jan 19, 2022

First, please know that no one has an automatic right to another person’s assets. If a parent chooses not to give money to one child or another, the parent has that right — just like you have the right to choose to whom you want to give your assets. There is no law forcing anyone to give their... Read more »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »

Julie King
Julie King answered on Jan 18, 2022

Unfortunately, you don't tell us the purpose of the court hearing, so there is no way an attorney could tell you what documents to complete. Trust administration does not normally require court hearings. Is there a challenge to the trust? Is probate required in addition to trust... Read more »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: I am the trustee on my grandparents living trust. Who are their beneficiaries?

I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »

Julie King
Julie King answered on Jan 11, 2022

Unfortunately, there is no way an attorney could tell you who your grandparents chose to be beneficiaries without reading your grandparents' trust. Otherwise, we would be guessing to whom they wanted to leave her assets.

I know there is a lot of legalese in trusts, but it is there for...
Read more »

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2 Answers | Asked in Estate Planning for California on
Q: For health reasons, a father wants to transfer full ownership to an adult son and daughter effective immediately.

There is a 2nd adult daughter that he is excluding. How can he do this? Will a quit claim deed suffice? I believe the house is free and clear. Hispanic family but full citizenship. Please advise me what to tell him or where I can send him for legal advice. He is definitely low income.

Julie King
Julie King answered on Jan 9, 2022

It’s almost always better to give real estate to children through a trust at death than to give it to them during the parent’s life because the taxes will be so much higher. If your home has not gone up in value since you bought it, or you have a high tax basis on the home, you can weigh the... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: My mother has a trust for her house. She has recently sold the house. If she passes away is the trust valid.

will the funds need to be disbursed to the people named in the trust. The house was the only item in the trust.

Julie King
Julie King answered on Jan 6, 2022

Your mother should be putting almost all of her assets into the trust, so the assets can be distributed in accordance with the terms of the trust. If your mother passes away and has assets outside of the trust that are valued at $166,250 or more, someone in your family (maybe you!) will need to go... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Our dad passed recently his home he owned is occupied by my exboyfriends and not sure what our options are

Is it legal for him to sell or take the home from the biological oldest daughter and keep or sell or rent it out??

Julie King
Julie King answered on Jan 2, 2022

The answer to your question will depend on whether your father had a trust or will. If so, those documents should say who has what rights. If your father did not have a trust, you most likely need to file a Petition with the Probate Court (or hire a lawyer to do so) and get a court order before... Read more »

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2 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: California enforcement of non-solicitation contracts by an LLC?

I am employed, in CA, "at will" with a Limited Liability Company, SSG, that provides services to schools. I am hourly. I signed a No Solicitation agreement- that I wont accept employment, with the client (school) I have been assigned, during and 2 years after termination. I signed this... Read more »

Julie King
Julie King answered on Jan 1, 2022

Non-solicitation and non-competition agreements are not enforceable (i.e., cannot be enforced in court) against employees in California. However, those agreements are valid against business owners and the businesses themselves (corporation, LLC, etc.) in some circumstances. For example, it is... Read more »

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1 Answer | Asked in Estate Planning, Contracts, Banking and Probate for California on
Q: Co-admin of intestate estate removed CA PROB §8500, is estate still liable for assignment of beneficial interest?

My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »

Julie King
Julie King answered on Dec 30, 2021

Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Can niece sue for the missing inheritance after all these years? Grandmother was in charge of money.

My niece is 38 yrs old, parents died in accident at 15 months old. Money was left for her, but didn't know. Has a statute of limitations run out on her ability to get restitution? Thank you for any help you can give me so we can guide her in whether to pursue civil action.

Julie King
Julie King answered on Dec 27, 2021

The answer to your questions would depend on a number of facts that are not included in your question. For example, was the money was left in a trust and, if so, what did the trust document say the money had to be used for? If the money was left in a trust and the trust document said the money... Read more »

1 Answer | Asked in Government Contracts, Banking, Business Formation and Business Law for California on
Q: I received an email from " Jerome Powell " saying the federal reserve bank has millions o dollars in my name . There

Supposedly their is a large fund from the imf that belongs to me , it's been going on for 4 yrs now . What are the chances it's real ? I have acct numbers docket numbers but where can I validate them

Julie King
Julie King answered on Dec 27, 2021

It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or... Read more »

4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If a home is left to me would I still have to go through probate if the owner had put me on the deed? Thank you,
Julie King
Julie King answered on Dec 26, 2021

It would depend on the wording used in your particular deed.

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1 Answer | Asked in Estate Planning and Tax Law for California on
Q: Irrevocable trust has three sibling equal beneficiaries - one sibling is trustee. Are IRS rules for grantor trust met?

The original settler is deceased. The trustee has power to distribute his 1/3 of income and principal to himself. The question is whether the Trustee-beneficiary is considered a substantial owner under IRC 678(a)(1) and therefore taxed currently on his 1/3 of trust income.

Julie King
Julie King answered on Dec 23, 2021

It is most likely a non-grantor trust, but there is no way to know unless a lawyer reads the terms of your particular trust. Each trust contains different language. The main question will be whether the settlor/grantor of the trust has any control or powers. Take your trust to an attorney in your... Read more »

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