Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Julie King
2 Answers | Asked in Estate Planning and Family Law for California on
Q: My idiot brother is stopping me from seeing or talking to my mom because he has the power of attorney.

I know the power of attorney doesn't give him that right.

Julie King
Julie King
answered on Oct 7, 2024

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

View More Answers

5 Answers | Asked in Estate Planning and Civil Rights for California on
Q: Can an attorney who claims to have personal knowledge submit two different versions of an event to the court? !
Julie King
Julie King
answered on Oct 4, 2024

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

View More Answers

3 Answers | Asked in Estate Planning, Family Law, Business Law and Probate for California on
Q: Do i have a case? and enough proof?

My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More

Julie King
Julie King
answered on Sep 27, 2024

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

View More Answers

3 Answers | Asked in Estate Planning for California on
Q: My grandmother left me a portion of her trust to be given once my mom dies. Can my mom change that?

My grandmother left her money in a trust after she died in CA. Per my mother- my grandmother left me a portion of the trust to pay out upon my mother's death. In the interim my mother also has access to the trust/ money. If my mother and I have a falling out, can she change the trust so that I... View More

Julie King
Julie King
answered on Sep 23, 2024

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

View More Answers

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for California on
Q: Can I take ownership/control of property owned by my sister who is on drugs, brain damaged and lives homeless?

Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More

Julie King
Julie King
answered on Sep 6, 2024

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

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: California. House in a trust with parents. Mother died. Father in charge. I am one of four siblings. Trust Deed?

Father wants me alone to receive house. To avoid lawsuits from brother who will be entirely excluded how does he Grant Deed me the property so Father and I are both Trustors?

Julie King
Julie King
answered on Sep 1, 2024

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

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: My mother is 86 years old and has decided to sell her home. However, she is concerned that she may pass before it sells

My mothers health is failing. She has asked if I will help her make a trust online. Which trust would be best for her situation. Just incase, it does not sell first. I am getting it ready to put it on the market soon. Any advice will be greatly appreciated, Thank You

Julie King
Julie King
answered on Sep 11, 2024

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

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: Beneficiary of a trust that isn't progressing, can I do anything?

My grandmother passed away last year, and I am a beneficiary of the trust along with 6 other people. My two aunt's are the trustee's. They are not agreeing on anything and there are multiple issues including one of them wanting to purchase one of the properties in the trust for a much... View More

Julie King
Julie King
answered on Sep 6, 2024

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

View More Answers

2 Answers | Asked in Estate Planning and Probate for California on
Q: Dad died-no will -one son-how can I get the house in my name.no access to split
Julie King
Julie King
answered on Jun 18, 2024

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

View More Answers

3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: What makes a real property trust valid in California?

If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?

Julie King
Julie King
answered on Jun 17, 2024

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

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: HOW can a dead primary trustee complete a GRANT deed to transfer a house to successor trustee with NO consideration?

all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'

DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More

Julie King
Julie King
answered on Jun 16, 2024

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

View More Answers

3 Answers | Asked in Estate Planning and Tax Law for California on
Q: what should beneficiaries of a family trust do when the grantor and trustee (81) can no longer pay property tax?

I have been appointed as executor once she can no longer manage. Does spending the estate down, then unable to pay property taxes grounds for removal as trustee of estate? She has until the end of this month (June 2024) to pay $2,770 in property tax or it will fall into default. The property is... View More

Julie King
Julie King
answered on Jun 2, 2024

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

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: How soon does a beneficiary have to declare the sales of the deceased vehicles and what the vehicles sold for

The sales of my late Father's vehicles are set up to automatically go back into the estate trust. The beneficiary has not filed the slips with the attorney. Is there a a statute of limitations to declare the purchase price of the vehicles sold

Julie King
Julie King
answered on May 31, 2024

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

View More Answers

5 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

Julie King
Julie King
answered on May 19, 2024

The previous lawyers gave you good information. As I often tell my clients, there’s a legal answer and a practical answer to your question and those answers are often different. Legally, there is no requirement that you change title to your name as trustee. But, some realtors, mortgage companies... View More

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Estate Planning / Real Estate Law...Prop 13 & Prop 19

Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More

Julie King
Julie King
answered on May 18, 2024

Sorry to say, the only way to avoid a reassessment for property tax purposes is when property is transferred between spouses, parents and children, and/or grandparents and grandchildren IF the parents are deceased. There is no exemption in any law that says you can transfer property to a sibling,... View More

View More Answers

3 Answers | Asked in Estate Planning for California on
Q: Any reasons why dying intestate in California wouldn't b a reasonable choice to eliminate task burden on family/friends?

I'm single, no children and was looking at making a will. I have no material items of value but there may be some money left when I die. I realize the state succession of parent, then siblings, then their children is an acceptable distribution for me. Three named executors are required on the... View More

Julie King
Julie King
answered on May 16, 2024

I’m sorry to say, the state only comes in as the absolute last resort. Your family is always required to take care of your things. But, if they refuse to do it and completely abandon all of your assets, the state will take bank accounts and things like that. If you are renting, check your lease... View More

View More Answers

3 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: Is it illegal to have someone type up a letter for power of attorney when they are in the red deathbed unable to sign

I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More

Julie King
Julie King
answered on May 9, 2024

One of the key questions is whether a physician has opined that your mother no longer had sufficient mental capacity to understand what she was signing before she signed the power of attorney. People can lose their mental capacity from a legal standpoint years before death or never take place at... View More

View More Answers

3 Answers | Asked in Estate Planning for California on
Q: Can a debt amendment to a revocable trust be enforced if the trust is amended later ignoring the debt amendment?

My mother issued an amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again without the... View More

Julie King
Julie King
answered on May 1, 2024

There are different ways to amend a trust. One way is to prepare a document called an Amendment, which will only change certain words, sections, paragraphs, or other specific parts of the trust. The other parts of the trust that were not changed in the Amendment normally remain part of the trust.... View More

View More Answers

3 Answers | Asked in Estate Planning for California on
Q: We (husband and I) want to change the executor on our revocable trust before traveling soon.

I don't have time to make other needed updates to the trust, but the appointment of a new executor is really important. Can my husband and I write up a declaration about it and have it notarized? Would that hold up?

Julie King
Julie King
answered on Apr 30, 2024

If you want it done correctly, have a lawyer draft and notarize the Amendment. Most trusts have a provision saying that Amendments to the Trust must be prepared using a specific type of document, certain words, and using specific procedures so the Amendment will be considered valid. If your trust... View More

View More Answers

3 Answers | Asked in Estate Planning, Family Law, Personal Injury and Real Estate Law for California on
Q: My Father was narcissistic. How do I get my house back

Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More

Julie King
Julie King
answered on Apr 10, 2024

If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.