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Questions Answered by Julie King
2 Answers | Asked in Estate Planning for California on
Q: My parents had an ANB trust. My father never started to be trust when my mom passed away.

So as executor of their trust, my father, never funded the B trust he lived one year after my mom passed away and during that year, he spent all kinds of money and gave it away so I want to be fair and make sure every beneficiary gets what they’re supposed to, but I am unsure how to separate the... View More

Julie King
Julie King
answered on Feb 10, 2024

The accounting would normally start with the value of all assets that existed on the day your mother died. But, if there are no step-siblings (children from other marriages or relationships) then, in many cases, all of the children can agree in writing to avoid the forensic accounting and split the... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Is there a way getting the house under someone's name cheaper, or we have no choice but to go with a probate attorney?

My father has passed away December 2023. My mothers name is not in any documents, for it to be next to kin. We live in California, and we were told to do a spousal transfer petition. Which we have moved forward with. it cost us $4500.00. We are being told its a 60%-70% chance of winning. This is... View More

Julie King
Julie King
answered on Feb 10, 2024

The answer to your question depends on what other assets your father had in his name only and whether your father had a trust, a will, or did no estate planning. A spousal property petition is certainly a good possibility. If you don’t want to use an attorney, you could try to draft the Petition... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can a trust be a joint tenant with 50% interest in a property, the other 50% a natural person?

My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More

Julie King
Julie King
answered on Feb 2, 2024

People can only sell what they own. So, if someone owns 50% of a home, that person can ONLY sell 50% of the home. If both 50% owners are living in the home, both would see the "For Sale" sign in front of the home, which would be a clear indicator that something's wrong.

The...
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2 Answers | Asked in Estate Planning, Identity Theft and Probate for California on
Q: Fraud on deceased mom's account. How to establish designated person to handle fraud with bank.

Under California law, we are able to do a simplified transfer of assets for my mom's bank accounts, without the need to go through probate court. We found out that there are fraud charges on her account after the date of her death. The bank is requesting any of these documents to start a... View More

Julie King
Julie King
answered on Feb 2, 2024

The answer to your question depends on the dollar value of all your mom’s assets. Look only at the assets, not the debts (such as a mortgage, credit card debt, taxes owed, etc.). If the dollar value of all your mom’s assets — meaning what price would she get if she sold everything on the open... View More

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3 Answers | Asked in Estate Planning for California on
Q: My parents had an a and b trust my mom died and my father made a new trust without honoring my mothers wishes
Julie King
Julie King
answered on Feb 2, 2024

A-B Trusts are common in blended family situations for this reason: In a traditional situation where a married couple has a standard revocable trust (NOT an A-B Trust), after the first spouse dies and leaves 100% of their assets to the other spouse, then the second spouse can do whatever they want... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can I add a family member to a deed under a joint ownership, then move my portion of the ownership into a living trust?
Julie King
Julie King
answered on Jan 26, 2024

Assuming you are the sole owner of the property, you can add whomever you'd like to your property. But beware, it may impact your property taxes. Double check with your accountant, so you understand the consequences of transferring real estate during your lifetime. It's often better to... View More

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3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
Julie King
Julie King
answered on Jan 21, 2024

Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More

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2 Answers | Asked in Estate Planning for California on
Q: Father (dead) mother have separate trusts. Mother wants to combine both. Does she need approval of beneficiaries?
Julie King
Julie King
answered on Jan 17, 2024

If your parents had separate trusts, it’s highly unlikely your mother would have any right to modify his trust document if your father were alive, but it’s even less likely she will be able to change his trust after he has passed.

The Trustee who steps up after the Settlor/Trustor dies...
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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Father passed- has an estate of $8-$10M including stocks, bonds, properties, cash. Probate help. I'm just a beneficiary.

My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More

Julie King
Julie King
answered on Jan 17, 2024

I'm sorry for the loss of your father. There are strict ethical codes for lawyers who represent Trustees. Those lawyers are not allowed to represent or advise any beneficiaries. Lawyers have a choice of representing EITHER the Trustee (but only in his capacity as Trustee) OR represent one or... View More

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2 Answers | Asked in Divorce, Estate Planning and Family Law for California on
Q: We have an RLT & I have an ILIT. We are divorcing in Monterey County, California.

The challenge is the RLT has a portfolio of tiny positions in private companies that will be a hassle or impossible to split/retitle.

Julie King
Julie King
answered on Jan 5, 2024

I'm sorry to hear about your divorce. The judge in your divorce proceedings will say who is entitled to receive which asset and you will be able to take that document signed by the judge to your financial advisor (or the companies themselves) to transfer title to the appropriate person. If... View More

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2 Answers | Asked in Estate Planning for California on
Q: What type of trust is recommended in the following: Married, own real estate, assets, have children, retirement account

Age 50, not yet retired. Retirement account is a solo401k that holds real estate and/or other investments. Thanks

Julie King
Julie King
answered on Jan 2, 2024

A lawyer would need more facts to be able to answer that question. For example, are any of the children from previous relationships (not with your current spouse)? If so, it may not make sense to have a Disclaimer Trust where one spouse leaves all of their assets to the other spouse because the... View More

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2 Answers | Asked in Estate Planning for California on
Q: I will be receiving property from a family trust. Is it better to establish my own trust now, or after the transfer?

I am Successor Trustee and sole beneficiary of the trust. I am trying to eliminate redundant paperwork and cost if possible.

Julie King
Julie King
answered on Dec 31, 2023

Most estate planning attorneys would say to set up the trust before you make the distributions so you can transfer the assets directly to the trust, rather than transfer them to your personal accounts and then move your personal accounts into the name of the trust. But there could be tax... View More

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2 Answers | Asked in Estate Planning, Contracts, Real Estate Law and Probate for California on
Q: Can I go to clerks office myself and put my name on deed to which I inherited via trust/will? Without executor of trust?
Julie King
Julie King
answered on Dec 28, 2023

No. The deed must be signed by the person who currently has the right to the control the property. If the property is in the name of a trust, the currently serving Trustee is the only one who has the power to transfer the ownership. If the person who passed away did not have the property titled in... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Small Claims for California on
Q: What is better to answer an unlawful detainer? Ab answer.... or demurrer?

Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)

Julie King
Julie King
answered on Dec 28, 2023

It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more... View More

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2 Answers | Asked in Family Law, Estate Planning, Real Estate Law and Probate for California on
Q: My niece is trying to take my late fathers house from me because he did not have a will.What can I do?

My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More

Julie King
Julie King
answered on Dec 26, 2023

There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: How do i find out if my sister is in control of estate i receive nothing from her . Mom died no will

No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me

Julie King
Julie King
answered on Dec 18, 2023

When someone loses a loved one, it isn’t common to get documentation related to the death within the first 30 days. The documentation you will receive depends on the dollar value of the deceased person’s total assets. Assuming your mother lived in California, if her assets are collectively... View More

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2 Answers | Asked in Contracts, Estate Planning, Workers' Compensation and Probate for California on
Q: Is there a legal form that can be used to guarantee my brother share our mother's settlement?

My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.

She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More

Julie King
Julie King
answered on Dec 15, 2023

Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More

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3 Answers | Asked in Estate Planning and Banking for California on
Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?

I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More

Julie King
Julie King
answered on Dec 6, 2023

Most trusts specifically say that if Beneficiary X dies before the Settlor or Trustor (the person who had the trust) or if that Beneficiary "disclaims" (doesn't claim) their gift, then ______ happens to that gift. So, the first thing I would do is read your Uncle's trust to see... View More

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2 Answers | Asked in Estate Planning for California on
Q: Can I rewrite the Schedule A trust assets page of my living trust?

I have a living trust established in 2003. It had about 26 assets listed. I no longer have about 16 of the assets. Can I just rewrite my Schedule A omitting the assets I no longer have? If so, can I also just add assets acquired since then in the name of the trustee/trust? Does that also... View More

Julie King
Julie King
answered on Dec 5, 2023

It's possible a judge could recognize handwritten changes as a valid amendment to the trust, but there is no guarantee of that because the changes would not be signed, notarized, and fulfill all the legal requirements of trust amendments. You can certainly update Schedule A but, if you want to... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for California on
Q: Can someone give me advice about signing over part ownership of a property for the purpose of refinancing?

My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More

Julie King
Julie King
answered on Nov 29, 2023

There are a number of legal issues here. First, no one can verbally give away rights to real estate. The law says that all transfers of real estate MUST be in writing and signed by the person who is giving up their rights to the property. So, any verbal statement your mother made about you... View More

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