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Questions Answered by Julie King
2 Answers | Asked in Estate Planning for California on
Q: Don't want "per stipes"use in my online purchased Living Trust. All offspring in my sons' marriages are step-children.

I want wives to receive disbursements if sons pass.

Julie King
Julie King answered on Oct 12, 2021

You can do that. Just have a trust amendment prepared to change the terms of your trust. Easy peasy -- assuming your trust is revocable (meaning changeable and dissolvable.) If the trust is irrevocable (not changeable except in certain very specific circumstances), it will take some advanced estate... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Does"per stirpes" always means proceeds do not pass to wives?

for Living Trust

Julie King
Julie King answered on Oct 12, 2021

Unless there is a separate provision giving the wife a share of the estate, then you are correct: the assets go to children or grandchildren. The Latin phrase "per stirpes" is often used interchangeably with "right of representation" meaning that if a person passes away, their... Read more »

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1 Answer | Asked in Business Law for California on
Q: What is the law about paying someone their final paycheck when they resign? I am in California

I resigned from my job at UCSD after 11 years, last day was 10/7. I am being told I will not get my final paycheck until 10/27 which will include my PTO payout. I thought the law was they have to pay you out immediately. I called HR and was told they don’t follow that rule, is that legal? If... Read more »

Julie King
Julie King answered on Oct 12, 2021

No, it is not legal. If an employee doesn’t have a written employment contract for a certain period of time (i.e., a one year term) and voluntarily quits her job:

(1) If the employee gave at least 72 hours’ prior notice of that she will be quitting, the employee must be paid her final...
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2 Answers | Asked in Estate Planning for California on
Q: What can I do to keep my cousin from being the Admin for my grandmother estate? She has 4 living sons and I rep. my dad

My father passed away in 2011 and my grandmother in 2020 she left no will and my cousin who's father is still living and married is trying to become the administrator for my grandmother's estate. She had no will and 4 living sons. She wants to sell her house and we want to stop her. the... Read more »

Julie King
Julie King answered on Oct 12, 2021

You must move quickly and prepare a formal objection to the appointment of your cousin as administrator. If you don't know how to do this, you should try to hire a lawyer to help you, but it may be difficult to find a lawyer on such short notice. Most estate planning lawyers are extremely busy... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Can a spousal property petition override rules of succession in California?

My mom bought her house before she married my stepdad and then added him to the deed without right of survivorship 15 years after they were married. They were married for 25 years. My mom then died without a will. If my stepdad files a spousal property petition, could he be granted my share of my... Read more »

Julie King
Julie King answered on Oct 11, 2021

A lawyer would need more information to properly advise you. For example, how is the property titled between your mother and step--father? If it was titled as joint tenancy, then your step-father likely received 100% of the property when your mother passed. Real estate held in joint tenancy does... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: Do I own my dad's share of his home after he passed with a transfer on death deed or does it go to his widow?

I have a transfer on death dead for my dad and a separate one for my stepmom. They are joint owners of a home and I am the sole beneficiary for both. My dad passed away. Do I now own his 50% share of the home or is his share now owned by his widow?

Julie King
Julie King answered on Oct 6, 2021

The answer depends on how the house was titled between your father and step-mother. If they held title as joint tenants or community property with the right of survivorship, then your step-mother may hold 100% ownership of hte home, but there is no way for a lawyer to tell without reading the... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: If a will indicates beneficiaries who predecease the testatrix, who is the lawful distributes to the estate?

B (NY) left her estate to two sisters; A (NY) and M (FL). The sisters both predeceased B. Beneficiaries to A's estate are her two children (NY). The beneficiaries to M's estate are brother P (CA), and niece, J (FL). P is the last living sibling to B, A, and M.

Julie King
Julie King answered on Oct 5, 2021

Most Trusts and WIlls contain language stating who will receive a particular gift if the beneficiary passes away before the person who set up the Trust ("settlor" or "grantor") or Will. If your document contains this type of language, then whatever it says will be what happens.... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Can trustee of trust a directly transfer property into trust b?

Jack as trustee of trust A conveys property to jack as trustee of trust B?

Julie King
Julie King answered on Oct 3, 2021

I believe this is your third question about your grant deeds. I suggest you go to a lawyer and get your situation handled properly rather than try to piece together various lawyers’ advice. But to answer your question, it is possible to transfer property from one trust to another, but not in all... Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for California on
Q: Trustee grantor conveys property in individual capacity . Can he use corrective deed to convey as trustee of property

Jack conveys property to beneficiary instead of jack as trustee of said trust. Can he file corrective deed to validate transaction as of date of original deed?

Julie King
Julie King answered on Oct 3, 2021

Yes. The Recorder will need specific information on what changes were made, along with the proper exemption code section to avoid triggering a tax. If you aren’t familiar with these, it’s best to have an attorney prepare the deed.

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4 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Grantor conveys property into trust a. Later conveys into trust b without revoking a.

Is the property in a or b. If still in trust a, does subsequent deed conveying trust into trust b affect title chain..can it be left recorded as is or is there some type of procedure needs to be done

Julie King
Julie King answered on Oct 3, 2021

The answer to your question depends on the language in your specific deeds. If the grantor is still alive and has a revocable trust, it’s possible the property could be in either trust. Some people have more than one trust (for example, a separate property trust and a community property trust)... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Property is in trust. Trustees as individuals then quitclaim it to their daughter. Who owns

Trust transfer deed "jack and jill transfer to jack and jill as trustees of jack and jill trust" quitclaim deed "jack and jill transfer to daughter

Julie King
Julie King answered on Oct 2, 2021

A lawyer would need to read the language of your deeds to be sure but, assuming the language you gave us is the only language relating to gifting the property, it appears that the deed to the daughter is defective. Here's why. The owner's names must be EXACTLY the same as they are on the... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: My brother recently died, him and his wife have been separated for about a year now, is she entitled to everything?

There is no will. She started the divorce paperwork but didn't finalize anything. Is she entitled to everything. My brother does have a daughter.

Julie King
Julie King answered on Sep 23, 2021

It depends on whether your brother had a trust or will. Since the divorce was not final, she will definitely be entitled to something. But, whether she gets everything will depend on the language in the trust or will, if there was one in place. Otherwise, if your brother had assets totalling more... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: W hat to do when my mother has passed away and father has not given me a copy of the trust

My mother and father set up a trust my mother passed away of cancer in May of 2020 starting it was irrevocable but as of today my brother and I have not received a copy of the trust since then my father has remarried in June of 2021 and have no idea of how to go about getting a copy from him... Read more »

Julie King
Julie King answered on Sep 23, 2021

You can certainly ask your father for a copy of the trust. You're entitled to see a copy. But, please know that you should not have any expectations about an inheritance because you may or may not have inherited anything from your mother. It is quite common for married couples to leave... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: I created a trust and put my assets in it (mutual funds) when I went to prison.

I'm out. And I would like to close or end or dissolve the trust, basically my buddy does not want to manage the trust now that I am out. What steps do I need to take. The trust was formed in CA.

Julie King
Julie King answered on Sep 20, 2021

There are different kinds of trusts, so the answer to your question will depend on two things: (1) what type of trust it is; and (2) the language in your specific trust document. As to the first question, the main issue is whether your trust is revocable, meaning changable and dissolvable, or if... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Can I allocate my trust benefits to another sibling?

I want to give my benefits to another sibling without receiving distribution. Can I sign it over by filling out an alternate payee or similar form with estate attorney?

Julie King
Julie King answered on Sep 20, 2021

The answer depends on the language of the trust. In most instances, if you decline to accept a gift, the trust will say to whom the gift will go. So, to accomplish your objective, you may be required to accept the gift then give it as a gift to your sibling. There are tax consequences to doing it... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Can the sole beneficiary of a revocable trust in CA also be the sole trustee (grantor is another person)?
Julie King
Julie King answered on Sep 13, 2021

Yes, a person can serve as trustee to two different people’s trusts. But it can be a lot of work if the people who set up the trusts (“trustors” or “settlors”) don’t put the proper assets into their trusts. So, think about taking on the work before accepting the obligation.

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2 Answers | Asked in Estate Planning for California on
Q: Do I need a living trust if the beneficiary is already in the property title?

I have a couple of homes. One is paid for; the second one is about half the way through the loan life. My wife is on both titles, but I am the loan borrower alone.

I want to create a living trust. Does she need to be named if she is in the title already? We (wife and I) have a son; can I... Read more »

Julie King
Julie King answered on Sep 12, 2021

The law in California is this (at a very high level): if a person has assets totalling more than $166,250 in value, then there are two ways your loved ones can get those assets after the owner's passing: (1) have a trust with assets re-titled in the name of the trust; or (2) go through the... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Transferring a home from an elder parent to an adult child

My 80+ year old parents own 2 homes. They live in one of the homes, I live in their second home, and have lived here for 28 years. I have always paid them "rent." The home I live in is paid off. My parents' will states that all of their assets are to be split between my sister and I... Read more »

Julie King
Julie King answered on Sep 10, 2021

Your parents need to work with their estate planning attorney. Giving you the home now, while they are alive, is not the best way to go from a tax perspective. If you wait to get the home after your parents pass away, your parents will save a lot of money in taxes -- that is, unless the law changes... Read more »

3 Answers | Asked in Estate Planning for California on
Q: How do I make sure when my elderly father passes away that my sister doesn't take all of his assets and keep them
Julie King
Julie King answered on Sep 6, 2021

Your father needs to have estate planning documents prepared so his desires are made known. He can name a family friend or someone such as a CPA, bank, or professional trustee to act as the trustee after he passes, so your sister and you don’t fight over who gets which assets. That outsider will... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: I filled out a Will online and printed out all of my forms My legal question is I would like to know In the The state of

California what parts need nortization it includes a health care directive POA finance/health direction pages is a little unclear station it’s optional.

Julie King
Julie King answered on Sep 1, 2021

A lot of estate planning documents online are faulty, so it is always best to have a lawyer prepare your documents. I know that sounds self-serving but, just yesterday, I met with a person who drafted her own trust and amended it several times on her own. She ended up creating four different trusts... Read more »

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