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Questions Answered by Julie King
3 Answers | Asked in Probate and Estate Planning for California on
Q: Can granddaughter be beneficiary in California probate with no will?

My grandfather raised my granddaughter from birth, and she is now 18. He passed away without a will, leaving behind two adult daughters. He had expressed verbally that he wished to leave everything, including his house and car, to his granddaughter. Can she be included as a beneficiary in the... View More

Julie King
Julie King
answered on Apr 8, 2025

I’m sorry to say that, when people die without a will or trust, the law generally steps in and dictates who will inherit the assets. “Verbal wills” are not valid but, even if they were, it would be an uphill battle with everyone coming out of the woodworks saying their loved one “said... View More

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2 Answers | Asked in Estate Planning, Probate and Business Law for California on
Q: How to proceed with share transfer requiring Medallion signature?

My mother owned shares with two companies, and my brother and I are listed as beneficiaries. I started the process to transfer these shares to us within the companies after her passing. I am also the Successor Trustee of the Family Trust. Despite having filled out all required forms and both... View More

Julie King
Julie King
answered on Mar 31, 2025

Very few people like dealing with Medallions! Most banks and credit unions stopped issuing Medallions years ago or, if they still do, they will only issue them for people who bank at their financial institutions. Alternatively, if you have an established business relationship with a financial... View More

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4 Answers | Asked in Estate Planning, Business Formation and Business Law for California on
Q: How can my wife continue our business if I die as a sole proprietor?

What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.

Julie King
Julie King
answered on Mar 18, 2025

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

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2 Answers | Asked in Estate Planning and Public Benefits for California on
Q: How to inherit from a trust while maintaining government benefits in CA?

As a beneficiary of a trust, I am currently receiving assistance from government programs (SSDI/SSI, Medicare A & B, CalFresh, and Section 8) in California. I want to understand the best way to collect my inheritance while maintaining my services. The trust includes mentions of government... View More

Julie King
Julie King
answered on Mar 16, 2025

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

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Debt liability on recipient of gifted loan after death.

If I take out a personal loan and gift the money to someone else, can it be collected from the recipient if I pass away?

Julie King
Julie King
answered on Mar 10, 2025

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

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2 Answers | Asked in Estate Planning and Business Law for California on
Q: Can I take LLC membership title as community property from trust in CA?

I am the beneficiary of a trust in California, set to inherit a membership in a multi-member LLC. I want to take title of this membership interest with my wife as community property. The trust names me as a beneficiary but doesn't require the LLC membership to remain solely in my name. The... View More

Julie King
Julie King
answered on Feb 28, 2025

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

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2 Answers | Asked in Estate Planning for California on
Q: Cost of setting up a trust in California for home and investments

I am in California and I want to set up a trust for me and my husband to ensure our assets go to the persons and charities we choose. We want to include our home and all our investments in this trust. We also have specific beneficiaries and wish to complete this within this year. I have not yet... View More

Julie King
Julie King
answered on Feb 22, 2025

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

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2 Answers | Asked in Estate Planning for California on
Q: How to get legal authority for burial changes with incapacitated parent in CA?

I need guidance on obtaining a power of attorney or alternative legal authority to rearrange burial plans due to my father being medically incapacitated. Specifically, I aim to move my deceased sister from a mausoleum to make space for my father, as he is unable to provide notarized approval due to... View More

Julie King
Julie King
answered on Feb 21, 2025

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

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2 Answers | Asked in Probate and Estate Planning for California on
Q: How can my mom claim assets without a will in California?

My father recently passed away without leaving a will, and my mother is concerned about how to obtain the assets he intended for her. They have two adult children, aged 37 and 33. There has been no probate or court involvement yet. How can my mom proceed to claim the assets intended for her without... View More

Julie King
Julie King
answered on Feb 19, 2025

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

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2 Answers | Asked in Estate Planning for California on
Q: See below

My husband and I have lived with my mother for 15 years. we pay all iof the household bills. The house is in a trust in my and my sister's name. When my mom dies, we both want to sell the house. While my husband and I look for a place to live, we plan on living in the house and paying all of... View More

Julie King
Julie King
answered on Feb 10, 2025

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

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: I'm just looking to see if ever had a trust or inhearitance from my father I was never notified

it would be from 1996 or 97

Julie King
Julie King
answered on Feb 4, 2025

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

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3 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: I’m the primary beneficiary and executor of a living trust, I was left a house with a mortgage that I am not

The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?

Julie King
Julie King
answered on Feb 2, 2025

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

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: We are the adult children and beneficiaries of an AB trust in California.

Our deceased parents (died in 2015) California house is still in that trust and qualifies for Proposition 13 taxes rates. What happens to the property tax rates if we rent out the house, still owned by the trust?

Julie King
Julie King
answered on Jan 31, 2025

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

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2 Answers | Asked in Estate Planning for California on
Q: Can we inherit? My deceased father is named as a beneficiary on my grandma’s living trust, as well as my uncle (CA).

My deceased father is named as a beneficiary on my deceased grandmother’s living trust and my uncle is also named. Would his children be able to inherit his share or would it go to my uncle? This is happening in California. I know the trust language matters and I should look for “per stirpes”... View More

Julie King
Julie King
answered on Jan 27, 2025

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

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My father passed in April 2024, he had no assets at time of death, am i responsible for his debt?

No owned property, my father had a mobile home titled through CA DMV which transferred to myself on the Title after his passing. He had no vehicles, no assets. I have contacted all of his creditors there will be no probate, and no assets to collect from. One creditor filed form DE-172 and mailed... View More

Julie King
Julie King
answered on Jan 24, 2025

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

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2 Answers | Asked in Estate Planning and Landlord - Tenant for California on
Q: My mother and my aunt are 50/50 home joint tenants of a house property in Los Angeles. My aunt has a living trust for

Her Part and my mom has a living trust and am her benificary. Can my aunt still evict me out of the property even thought my mother wants me to stay

Julie King
Julie King
answered on Jan 23, 2025

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...
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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: my brother and i are the succesor trustees and sole beneficiaries of my parent's revocable living trust

their house (in CA) is in the trust. 2 years ago dad died and mom declared incompetent (dementia), at that time an estate plan lawyer did the trust certification that brother and I are now the succesor trustees-but (i think) our names werent put on the title yet, A refinancing was done last year to... View More

Julie King
Julie King
answered on Jan 13, 2025

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

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2 Answers | Asked in Estate Planning for California on
Q: Does trust require A/B trust? It says A/B IF exceed the federal estate tax exemption, but assets aren't that high.

Yes, I'm going to work with a lawyer. I'm just trying to be informed and have some understanding.

Parents trust is old (2003) and says *if* the trust estate exceeds the estate tax exemption, then create A/B trusts. B trust gets lesser of 1/2 of estate or the estate tax exemption.... View More

Julie King
Julie King
answered on Dec 19, 2024

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

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4 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: What is the best/safest kind of deed to use to transfer a primary residence to a revocable living trust?

Three of us joint tenants in California would like to put our home in the family living trust.

We plan on keeping our home in our family for generations to come.

Do you recommend one deed over another: grant, warranty, quitclaim, etc.?

Can any of the deeds cause issues for... View More

Julie King
Julie King
answered on Dec 13, 2024

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

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Distribution of funds

My aunt passed away recently. Not rushing for the money, just have been told so many different things/answers. Will her estate be distributed between living siblings only or will funds be distributed to deceased siblings via their children, as well? Everything is in California, There is no trust,... View More

Julie King
Julie King
answered on Dec 10, 2024

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...
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