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Questions Answered by Julie King
1 Answer | Asked in Estate Planning for California on
Q: Where would I be able to find a copy of a trust made 1977-1981, LA County, CA? I am sole executor. I've never seen it.
Julie King
Julie King answered on Jul 28, 2021

Trusts are not public documents so, unless there was a probate matter filed in Probate Court, your best bet would be asking family members if anyone has a copy. You may want to try the court in the county in which the person lived and the county in which the person died (if different) to see if... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: A (long time) divorced woman died intestate, how do heirs claim estate? Specifically real property?

A woman (long divorced) died, no will, trust, or direction. Survived by 1 natural child, 1 adopted, and 1 grandchild. How do her heirs claim estate?

Julie King
Julie King answered on Jul 28, 2021

Since the woman likely has assets exceeding $166,250 (it's hard to find real estate worth less than that in California!), her family will have to go through a court proceeding called probate before they can inherit her assets. If she had signed a Trust before passing away, the family would not... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: My husband will not set up a trust, our assets are about 1.75 million. What happens if he should suddenly die?
Julie King
Julie King answered on Jul 25, 2021

The law in California is that, when someone dies owning assets with a total value of $166,250 or higher, the deceased person’s loved ones must wait 1 - 2 years before they inherit the assets. The loved ones will be forced to go through a court process called probate after the person dies. Probate... Read more »

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1 Answer | Asked in Divorce and Estate Planning for California on
Q: Mom has dementia. Husband refuses to pay for care. How can she have access to community property to pay for her care?

Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... Read more »

Julie King
Julie King answered on Jul 22, 2021

I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.

Community property is property that was earned during marriage (assuming there is no...
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1 Answer | Asked in Estate Planning and Banking for California on
Q: How do I become beneficiary over my deceased dad's estate cause my mother was the bene but she died unexpectedly no wil

I've taken over his asbestos trust since my mother passed but the attorney didn't have the affidavit notarized stating that I have been made beneficiary over the trust. Now a bank has closed my acct since March 2021and refuse to release the funds back to the other bank who sent my... Read more »

Julie King
Julie King answered on Jul 22, 2021

You may be using the wrong legal terms and, if so, it's OK, but it just makes it harder for a lawyer to know what you're asking. A "beneficiary" is a person who benefits by receiving assets from someone else's trust. In other words, a beneficiary inherits assets as a... Read more »

3 Answers | Asked in Estate Planning and Probate for California on
Q: My mother died. She left no will. I am only child. My daughter got her to sign POA. Now has taken all??

'Nana' recently died quite suddenly, and unexpectedly. I am her only child, and I have two children. From the time that we discovered she had brain tumors, to when she died, was only one week. She was very confused and disorientated. During this week, my daughter got her to sign a P.O.A.,... Read more »

Julie King
Julie King answered on Jul 20, 2021

I'm sorry you're going through that. You need to run, not walk, to a probate lawyer -- most likely located in the county where your mother lived, although most courts allow lawyers to appear in court via Zoom, so it may not matter. The bottom line is that your daughter likely engaged in... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: Our executor has taken the insurance claim $$ we need to rebuild after storm. I purchased, paid for, & own the insurance

I need to know if she can legally do this. I bought the policy, paid for it, signed all the paperwork. It took us months to file the claim, and just as the check was issued she had her lawyer call to declare her as “the contact”. This would not have happened as it did if our agent was involved,... Read more »

Julie King
Julie King answered on Jul 13, 2021

I'm sorry to hear about your situation. If you have already demanded the executor repay the money she has inappropriately taken, you can have a lawyer send her another demand letter. But my guess is that you will need to file a Petition in the Probate Court. Once a probate matter has been... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: At what point must I have a business license?

I am a website designer normally employed full time but since Covid I have been considering starting my own business. I would offers website design, graphic design, logo design and creation, marketing and social media management as well as ongoing site maintenance and management. Before I fully... Read more »

Julie King
Julie King answered on Jul 12, 2021

Once you market yourself to the world, you are in business and should have a business license. Check the websites of your city and your county to learn the requirements that apply to your jurisdiction. If you are working out of your home, your city and/or county may require a home-based business... Read more »

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for California on
Q: I received part of the settlement and the attorney has yet to get a hold of me what do I do?

My house burnt down my husband got an attorney they even worked with me into getting a settlement. My husband signed a paper saying that I was to get part of the settlement that his attorneys made him sign. And he already got paid his settlement I have tried to get ahold of the attorneys they will... Read more »

Julie King
Julie King answered on Jun 27, 2021

I would send the law firm a letter by certified mail (so you can prove they received it) saying both your lawyer and you have called the firm on multiple occasions, yet never received a response. Then say something like: this is your final notice that I want the settlement money owed to me and, if... Read more »

1 Answer | Asked in Estate Planning for California on
Q: My parents living trust was sent back to them from the recorders office stating it was too dark to read. What do I do ?

5 things were checked off in the box for them to fix before the trust can be filed and the entire package was completed and signed when the agent was present. I don't know who to contact , can you explain to me who I can contact to help.

Julie King
Julie King answered on Jun 26, 2021

A lawyer would need to know why you are trying to record the trust because that isn’t the normal procedure. Does the County Assessor want to see the trust g(as opposed to the County Recorder)? Most estate planning lawyers should be able to help you with administering the trust (assuming your... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: The trustee is discriminating against several benificaries and will not inform them of details of an accepted offer.

When I have asked to be informed, I'm denied any info other than I'll receive a settlement statement at close. The trustee is making errors and not letting anyone help. I'm a real estate Broker with knowledge. What can be done to receive information?

Julie King
Julie King answered on Jun 26, 2021

Sometimes trustees do the right thing when a beneficiary’s lawyer sends a firm letter to the trustee listing the trustee’s legal duties and penalties for not complying with them. In other instances, trustees ignore the lawyer’s letter and the beneficiaries are forced to go to court. I always... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: A friend died recently and told me was leaving me a truck and trailer. His kids' mother rifled his room...

...and took the titles to everything. She hasnt been in his life for decades but knew his elderly mother who my friend was caring for upon his death. Do I have any recourse? I know he wanted me to have these items as we were good friends for a long time and were close until his demise. He knew his... Read more »

Julie King
Julie King answered on Jun 26, 2021

It depends on whether he left a trust or will detailing his desires. Most Americans say they will get a trust or will “someday”, but never end up doing it before passing, which leaves a mess for their loved ones to clean up. I’ve read different statistics, but somewhere around 60-70% of our... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: When a trust distributes after someone dies, does it need to go to probate court -- how long should it take?
Julie King
Julie King answered on Jun 24, 2021

Most trust administrations do not need to involve the probate court, but there are exceptions. For example, if someone had a trust but failed to put $166,250 or more worth of certain assets into the trust, then the assets outside of the trust would need to go through the probate court process and... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: If a will indicates two beneficiaries, who both predecease the testatrix, who is the lawful distributee?

B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).

Julie King
Julie King answered on Jun 21, 2021

The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Michigan on
Q: Mom is in the hospital in California and wants to do a ladybird deed for her house in Michigan how do we proceed?
Julie King
Julie King answered on Jun 21, 2021

Your mother can hire a mobile notary to go to the hospital to notarize her documents -- that is, assuming that the hospital is allowing visitors with masks and other COVID compliance requirements. Best wishes!

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1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for California on
Q: Have I been disinherited for not having a conditioned set in Trust at the time it was created or can fulfill now?

My Grandparents made their Living Trust in 1993 while my Mom and I were living in Iran. In their Trust they Place a condition that my Mom has to leave Iran and become a permanent US residence before getting equal share, further it instructs no distribution to be made to children of my Mom who are... Read more »

Julie King
Julie King answered on Jun 15, 2021

Unfortunately, the only way to answer your question is to read the trust. Taking a few lines out of a lengthy document is not enough information for lawyers to give their thoughts and impressions because certain terms will be defined in your document and using a different definition will change the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: When a Trust gets restated is the initial Trust still have power as a separate Trust?

My Grandparents made their Living Trust in 1993. In 1995 my Grandmother passes away , in 1998 my Grandfather makes some changes to Trust as a survivor and his Trust is known as Trust B while my Grandma’s is known as decedent Trust “A”. My Grandfather passed away in 2007. Trust A instructs... Read more »

Julie King
Julie King answered on Jun 14, 2021

A lawyer would need to read the entire trust in order to give you the best answer. The will should have been a Pourover Will that only says, in essence, if grandmother left an asset outside of the trust (legally called "residue"), then the Will directs the executor to place the residue... Read more »

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1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: Do I any right as a niece with my aunt that don’t have any children and have never been married

All her siblings are deceased

Julie King
Julie King answered on Jun 14, 2021

If your aunt had a trust or will, then the document will say who inherits her assets. If she had no trust or will, then the probate laws will state who inherits her estate. A lawyer would need to know what state your aunt lived in before a lawyer could tell you what the probate laws of that state... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: What all needs to be filed to remove a trustee in CA
Julie King
Julie King answered on Jun 10, 2021

There are a number of steps you should go through before you are at the drafting stage because, if you don't have sufficient evidence to support the document's argument that a trustee should be removed, then you will waste a lot of time and money. So, first, you would need to read the... Read more »

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3 Answers | Asked in Criminal Law, Estate Planning, Family Law, Elder Law and Probate for California on
Q: File a petition to remove Power of Attorney in California

What forms do I file a petition with the Probate Department to remove a power of attorney based on financial elder abuse? I have already contacted APS and local police, they are telling me to request the courts for the POA to hand over financial records so the POA can be removed due to the abuse.... Read more »

Julie King
Julie King answered on Jun 1, 2021

Since none of the lawyers answering your question has a copy of the specific Power of Attorney at issue in your case, it would be hard to say if you could sign any document that would be filed with the Probate Court to try to remove the agent. [I know you want to know the name of that document, but... Read more »

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