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Questions Answered by Julie King
3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: My father lives in California, n owns 4 acres in Antwerp, New York, He wants to Will it to me. Should he? Or a diff way?

Basically my father wants to leave the property he has in New York State to me in a Will, 4 acres, 2 to me and 2 acres to his stepson and Step Daughter. What I would like to know if it is best to Will it to us or if there is another way we should be handling it before he passes on? I and him live... Read more »

Julie King
Julie King
answered on Jan 29, 2023

Your father needs a Trust, not a Will. Here’s why. Each state has a dollar limit for purposes of determining whether a deceased person’s loved ones either: (1) are free to distribute the assets as soon as all final bills are paid off; or (2) must go through a years-long court process called... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: Recourse trust not completed as requested.

Four months after I presented a schedule B to be added to my trust and repeatedly said I did not want it in the body of the trust, I signed the final copy with the schedule B in the body because the attorney said it could otherwise be lost. There had been no discussion about it being in the body.... Read more »

Julie King
Julie King
answered on Jan 28, 2023

Whether language is contained in the body of a document or in an attachment that is incorporated into the body makes no difference from a legal standpoint. It’s all part of the same document. Yes, your lawyer should have honored your request to draft the document the way you wanted it. But... Read more »

1 Answer | Asked in Estate Planning for California on
Q: I asked escrow to distribute funds separately, but they said funds could only be released to the trust.

My mother has been ruled incompetent, and I am one of four siblings who share a quarter of a living trust. Four of the four siblings have the power of attorney. 3 out of 4 siblings, including myself, are successor trustees as of 7 years ago. We're selling a property in Los Angeles for $12... Read more »

Julie King
Julie King
answered on Jan 23, 2023

I will start by saying this: You really need to get the assistance of an estate planning lawyer because it does not appear that you understand how trusts work or what your mother's trust says. First, I don't know any lawyer who would write a trust with four people named as successor... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Quick claim deed left to mom by her father and both have passed.but her brother lived in house until his death he paid

The taxes but never changed the deed dose he and his children now own the house.and if not what do her children do now

Julie King
Julie King
answered on Jan 21, 2023

There is an area of law called “squatter’s rights”, which allows people who continuously live by themselves in vacant property for a certain period of time to apply for ownership. Each state has different rules and requirements to gain ownership. It’s hard to tell if these laws apply to... Read more »

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1 Answer | Asked in Estate Planning and Tax Law for California on
Q: I have 3 units rental property in California. The property owned by a corporation in Nevada. I'm a single owner of

the corporation. Can I transfer the property in to my trust in ca without any tax consequences.

Do I need to create trust before transferring

Julie King
Julie King
answered on Jan 21, 2023

Anyone can place their real estate and other assets into a revocable trust (a trust that can be changed or modified by the owner, who is called a Settlor or Trustor) at any time and there shouldn’t be any tax consequences. Schedule A to the trust should list the corporation as an asset of the... Read more »

2 Answers | Asked in Estate Planning, Probate and Small Claims for California on
Q: collect a court order debt in small claim from the deceased access or estate. Court Advisor me to file correct form

I do Not Know What Form to file to continue collecting the debt owed to me

Julie King
Julie King
answered on Jan 16, 2023

It’s hard to know what you need. Most courts have a self-help center that can assist you with what form to use, but they cannot advise you after that because the people working there are not lawyers. Start there because it’s free. If you still need help after that, you’ll need to hire a... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Are all named beneficiaries entitled to receive their own copy of the trust deed once the trustor has passed away?

My grandmother had a revocable living trust in place and has recently passed away. She designated a friend as her successor trustee and named my father and my uncle, and all four of her grandchildren as beneficiaries in the trust deed. I've not actually seen the document, but I'm told it... Read more »

Julie King
Julie King
answered on Jan 16, 2023

Trustees are required to give all beneficiaries a formal Notice To Beneficiaries that says you are entitled to see a complete copy of the trust. I assume the successor trustee is not represented by a lawyer, so she is making up her own rules as she believes is best. If she were represented by an... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Parents have a revokable trust which states if a child of theirs dies that share goes to remaining living children.

Her son insists that he should get her share. Dad is still living and won't change trust. Can my nephew dispute the trust after my dad passes.?

Julie King
Julie King
answered on Jan 8, 2023

There are two key legal principles everyone needs to know about.

(1) The law allows people to do whatever they want with their own assets. This means no one can force your parents (or you!) to give their assets to a specific person or charity they don’t want to. In fact, if someone does...
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2 Answers | Asked in Estate Planning for California on
Q: In California, is a small estate affidavit suffice to open a estate account at Citi Bank?
Julie King
Julie King
answered on Jan 5, 2023

If the person who died has $184,500 or less in his/her/their estate, then yes, a Small Estate and an original death certificate should be enough. But many banks have their own forms they require people use. On the other hand, if the person who passed had assets valued at more than $184,500, you... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: If a piece of property is left to a person in a trust but before the person with the trust dies the property has to be s

Sold, then he dies, is the remaining money to be divided as monies or given to the person the property was intended for

Julie King
Julie King
answered on Dec 22, 2022

A lawyer would need more facts to answer your question. If the person who set up the trust (called a Settlor) personally, voluntarily sold the item specifically mentioned in a trust so the Settlor no longer owned it at the Settlor’s death, it’s possible the beneficiary would get nothing, but... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Are you restricted from changing a revocable family trust for any reason?

If a beneficiary is going through a civil lawsuit right now can I change my revocable family trust to remove them legally? Or will this get questioned as me trying to hide assets from potential future creditors?

Julie King
Julie King
answered on Dec 21, 2022

If the trust is truly revocable then the person who set up the trust (called a Settlor or Trustor) can change the trust however that person wants. Beneficiaries and others who don't like what the Settlor does with his/her/their own money and other assets cannot do a thing. So, the person who... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: There was a trust (by Grandma) that if Son passes away before the age of 60 all of the property goes to grandchildren.->

(Because the Son's wife married just for money). But then somehow the trust was discharged and all given to the Son prematurely, prior to instructions given in the trust. (No idea how that happened legally) Well the son passed away before 60 with no Will and now the Son's wife is reaping... Read more »

Julie King
Julie King
answered on Dec 18, 2022

If a parent leaves assets to his or her children, the in-laws are generally not included. So, unless the daughter-in-law is specifically listed in the trust or will, she shouldn’t get a cent. You should IMMEDIATELY hire a lawyer to help stop the bleeding.

2 Answers | Asked in Estate Planning and Probate for California on
Q: my grandmother passed 5 yrs ago and my aunt did a trust transfer deed. Iam a grandchild do i have any rights on property

My father passed away 12yrs ago, my grandmother passed away 5 yrs ago my father would of inherited her property, I just found out my aunt did a trust transfer deed on property in her name only. Do I have any rights to inherit the property? no will as far as I know of .

Julie King
Julie King
answered on Dec 18, 2022

No one has an automatic right to inherit their parents’, grandparents’ or anyone else’s assets. I deal with this misconception all the time. Here’s how it works: People have the right to do whatever they want with their own assets. Including you! So, if someone wants to leave their... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: I have questions regarding Interspousal Transfer Grant Deeds?

Me and my dad recently purchased a home. He is married to someone who is not my biological mother. During the signing of papers they asked that she sign a paper acknowledging that she was not going to be in the title of the home, therefore establishing a valid joint tenancy between my father and I.... Read more »

Julie King
Julie King
answered on Dec 14, 2022

"Joint tenancy" means the last one to survive takes all of the property. In other words, if your father dies first, you get 100% of the property, but if you die first, your father gets 100% of the property regardless of what a Will or Trust may

say. You should be aware that a...
Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: How do I write a letter to the judge? Should it be Affidavit of Truth or Declaration? Can I add documents for proof?

Going on the second year of probate. Everything in the case is tainted- Lies, embezzlement, corruption in the court filings, missing accounts.... Basically, my brother, the estate administrator and estate's attorney are all dirty. Lies, embezzlement, corruption in the court filings, missing... Read more »

Julie King
Julie King
answered on Dec 14, 2022

I’m a California lawyer, not a Georgia lawyer, but I can say you DEFINITELY need a lawyer to advise you. Assets like retirement do not go through probate because they go directly to the person named as a beneficiary. So, where you are seeing conspiracies and fraud, the courts would not — at... Read more »

2 Answers | Asked in Estate Planning for California on
Q: How can my mom add me to her deed?

My mom has a reverse mortgage and wants to add me to the deed. When she passes I am planning on buying the house from the reverse mortgage company. I am not sure how we go about getting this taken care of.

Julie King
Julie King
answered on Dec 10, 2022

Your mother can’t add you to the title (which would give you partial ownership) because the reverse mortgage company could say the entire loan is due NOW. The mortgage company used your mother’s home as collateral for the loan and, if your mom gives away part of her property, she is... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Is Freewill a reputable service for a straight-forward will and trust? I only have one beneficiary.

No children or living parents. Sibling is beneficiary, niece if sibling dies before me. Only assets in the trust will be my share of a home and personal financial assets.

Julie King
Julie King
answered on Dec 5, 2022

You will get a form template document from any online company. If your situation needs trust language that doesn’t come as part of their standard forms, I don’t know how the online companies would handle that. Perhaps they charge an extra fee or perhaps you just don’t get the best language... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Can a beneficiary of property in a will legally sell their part of the property 4 years before trustor dies.
Julie King
Julie King
answered on Dec 4, 2022

The beneficiary doesn’t own a percentage of the real estate until the current owner dies or sells it to the beneficiary. If the current property owner decided to leave the property to her favorite charity and update her Will (or trust) to reflect that change, the currently-named beneficiary would... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: I’m disabled living in parents home. They want to make sure I keep the house when they die
Julie King
Julie King
answered on Nov 25, 2022

Your parents need to set up a trust and re-title the home into the name of the trust. Also, if you are getting government benefits and your inheritance would kick you off the benefit program(s), your parents can have your inheritance go into a Special Needs Trust for your benefit. Your parents... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Who would be entitled to my aunts 50% designated in my grandmothers trust? My aunt died a year before my grandmother.

50% was left to me (granddaughter) and 50% to my aunt. My mother, my aunts sister wasn’t listed as secondary, nor my aunts husband. My aunt has no children. My aunts husband is the trustee and is saying he is taking my aunts half since he is her husband. There was no addendum made after my... Read more »

Julie King
Julie King
answered on Nov 25, 2022

The answer to your question is contained within your grandmother's trust. If the trust says the aunt's share goes to her husband if the aunt predeceases (dies before) your grandmother, then he would be entitled to it. If the trust does not say that, then he most likely does not get it.... Read more »

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