There are a number of ways a person can take over another person's business, including through a Trust or Will, by incorporating or forming an LLC and having specific language in the legal documents, etc. The law in California is that anyone with "probatable" assets valued at more... View More

It is difficult for a lawyer to answer questions without having all the facts of a situation, but it sounds like a Special Needs Trust ("SNT") may be the best option for you. The purpose of SNTs is to provide funds to someone receiving government benefits without disqualifying them from... View More

When someone passes away and leaves assets, those assets are called the deceased person’s “estate.” The executor or trustee of the deceased person’s estate will be responsible for repaying all of the deceased person’s debts whether or not the deceased person had a trust or will. (The... View More

It is a common mistake for a beneficiary (the person who benefits from a trust by receiving an inheritance) to believe that an asset belongs to them even though it is still located in another person’s trust. But, while the asset is in another person’s trust, the asset belongs to the trust. It... View More

It depends on where you are located. I have friends in Orange County who charge $7,500 and up for two people. I’m in Monterey County and we are closer to $5,000 for a married couple or registered domestic partnership. Be sure to ask what you get for that cost. My firm, for example, gives 12-20... View More

Once someone has lost their mental capacity from a legal standpoint (a physician should make that determination in writing), then the only way to make decisions for the incapacitated person is to become their conservator. I no longer handle conservatorships, but there are plenty of lawyers on... View More

It is difficult for a lawyer to answer your question without knowing a lot more information, including: what assets he had at death; and the assets’ collective dollar value. Real estate is transferred in a different way than a car, for example. To determine if the deceased person’s estate must... View More

You didn't say if your half of the home is in your trust and the other half in your sister's trust (which is the most common way to do it if you already own the property) or if the property is in your parent's trust but your sister and you are named as beneficiaries of the property... View More

There is no way to know if you were entitled to an inheritance if your relative had a trust because trusts are not filed anywhere unless there is a claim brought, in which case there would be a Petition (think, "lawsuit") filed with the local Probate Court. Wills, however, are supposed to... View More

More information is needed to properly answer your question. One thing to note is that all debts and taxes must be paid before real estate may be distributed to the beneficiary (assuming the real estate was solely in the deceased person’s name.) So, if someone passed away and left only $10,000 in... View More

Everyone who buys real estate in qualifies for Proposition 13. There have been attacks on Prop. 13 ever since it was passed including a false claim that Prop. 13 only applies to people who bought homes in the 1970’s. That is NOT accurate. Everyone who buys real estate in California qualifies.... View More

Please know people can do whatever they want with the assets they own. There is no automatic right for children to inherit their parents’ assets. You can do whatever you want with the things you own; no one can require you to spend it or give your assets to a particular person or entity —... View More

When someone passes away, all debts must be paid and final tax returns filed BEFORE anyone can inherit the deceased person’s assets. There are a few exceptions to this rule, such as assets titled in joint tenancy, but I wouldn’t know if any of the exceptions apply because there isn’t enough... View More

The answer to your question will depend on the language in the two trusts you mentioned. I have several points that may help.

First, people cannot control something they don't own. I cannot control who gets to use your car because I don't own it. In your situation: (1) your mother... View More

The lawyer is right if neither your brother or you will move into the home and make it your primary residence. This resulted from a ballot initiative a few years ago that was called, in essence, the Home Protection for Severely Disabled, Elderly and Victims of Natural Disasters, otherwise known as... View More

Lawyers cannot give opinions on trusts, contracts or other specific legal documents without reading the document. It's like giving someone a few pages out of a book and asking what the outcome will be. I'm sorry about that! Terms can be defined differently from one trust to another, so... View More

Two quick points. First, each person needs his/her/their own trust. Person A should not put their asset into Person B's trust. Person B should put their share of the property into Person B's own trust. Second, if you don't prepare the documents EXACTLY as required by law and county... View More

Lawyers would need a lot more information before they could answer to your question. For example:

* Did your aunt live in California? [Laws are different in different states.]

* Did your aunt have a Trust?

* Did she have a Will?

* What is the dollar... View More

Please know that every Power of Attorney contains different language, so lawyers cannot give an opinion about a Power of Attorney without reading the particular document in question. Also, there are different types of POAs. A Durable Power of Attorney is set up to cover situations of incapacity.... View More

Unfortunately, almost all exchanges of real estate in California will cause the property tax rate to increase. There are VERY FEW exceptions (one such exception applies when a person transfers real estate to their spouse.) There are no exceptions for property transfers to siblings, cousins,... View More