Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More

Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More

You seem to be jumping from step 2 to step 12. There is A LOT of work that must be done before assets can be distributed to the beneficiaries named in the trust. I understand that everyone wants their inheritance ASAP, which is the case in 99% of trust administration matters. However, the law... View More

It depends on what you mean by the term “partner.” Lawyers define the term as someone in a limited partnership or general partnership. The ethics code prohibits lawyers from splitting profits with non-lawyers in almost all circumstances. So, if you are asking whether lawyers can be in a... View More

The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More

No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More

Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More

Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More

People can write whatever they want and give the document to the court clerk, who will accept it so long as it is in the right format. But, after that point, the judge and any opposing party will read it. If the information that the witness changed is material (meaning it matters from a legal... View More

The answer is: It depends. When someone in California dies, an analysis must be done to determine the total value of ALL assets that person owned (with the exception of a few assets, but a business is NOT one of the exceptions.) If the dollar amount of the assets totals $154,500 or higher, then... View More

Unfortunately, a lawyer would need to read the language of the specific trust at issue before we know how to advise you. Speaking generally, if money is left in a trust and any LEFTOVER money goes to you, in most instances, the money is your mother's to do with as she pleases (just like any... View More

You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More

The fact that you are asking rather than your father will set off alarms. It’s your father’s home to do with as he pleases. If you influence him to give it to you and that’s not what your father would choose to do on his own, then it’s possible you could get sued for undue influence, elder... View More

There are some legal documents that I would say you can get away with pulling an online document from a legal internet site. But, unfortunately, trusts are NOT that type of document. They are very technical and one wrong word can cause a completely different outcome than desired. Whenever people... View More

A common MISTAKE people make is thinking they own assets sitting in a trust because they are a beneficiary (person named in a trust to inherit the asset) and the person who used to own the asset has died. But, while an asset is still in a trust, it rarely (if ever) belongs to the beneficiary named... View More

Unless the title to the home is in joint tenancy with your father and you as the joint tenants, there is no way to get the property without filing a Petition in Probate Court. The filing fees alone can be between $400-$500, depending on the county. This is why I tell everyone with real restate or... View More

Most people set up trusts with their names as the trust’s name (such as John Doe 2024 Trust), but I have had a number of people who select specific names for other reasons. One couple took the first two letters of their kids’ names and made up a word as the name of their trust. Others have used... View More

When a property owner (or the Trustee of a Trust that holds title to real estate) passes away, documents need to be filed with both the County Assessor and the County Recorder of the county in which the real estate is located. Be mindful that some counties have local rules that must be followed so... View More

I usually describe the succession of executors and trustees like a baseball team. The person up to bat right now is your loved one who owns the property and is the executor (if they have a Will) or trustee (if they have a Trust). You and the other “back up” executors or trustees are waiting in... View More

I never expect people will know legal terminology, which is why I always try to speak in plain English except where absolutely necessary to use legalese. So, it isn’t a problem, but I believe you mean either administrator, executor or trustee rather than “beneficiary”.... View More