Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Julie King
2 Answers | Asked in Estate Planning for California on
Q: planning to move out of california to another state - should I amend my existing living trust before or after ?
Julie King
Julie King
answered on Sep 22, 2022

You should have a lawyer in the state into which you are moving review the trust and any power of attorney you have, since those documents could require additional or different language to be added. It doesn't matter if you meet with the lawyer before or after you move if you are certain that... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for California on
Q: I am a beneficiary and successor co-trustee in a family trust. The other trustees are threatening to exclude me;

We are feeding and my sibs insist they can not give me my inheritance, if they choose not to. Can I prevent this?

Julie King
Julie King
answered on Sep 20, 2022

If the trust names you as a co-trustee and beneficiary, then the other trustees cannot exclude you. Trustees are obligated by law to follow the terms of the trust. If trustees ignore the trust and do whatever they so desire, they can be sued for breach of their duties. Tell your siblings that they... Read more »

View More Answers

1 Answer | Asked in Estate Planning, Probate and Landlord - Tenant for California on
Q: Shouldn't my brother be paying me rent since he is continuing to live in the house after my mom's death?

He has been living off her pension for 12 years and took over her finances. We had a will done in 2006 which was 50/50 between my brother and I and in 2020 my brother had my mom do a new will giving him 60 and me 40 making him the executor and hid it from me for two years. He is selling and... Read more »

Julie King
Julie King
answered on Sep 18, 2022

Since your mom owned a home, I am going to assume the total value of all of your mother’s assets exceeds the probate limit. That means your brother or you MUST file a Petition in Probate Court in order to transfer title to the property from your mom to both of you, unless title to the home was in... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Is it possible to leave a house in a trust after the owner of the house passes (in California
Julie King
Julie King
answered on Sep 18, 2022

Once someone dies, the trust becomes unchangeable (irrevocable) simply because the “owner” of the trust is no longer around to change it as the person sees fit. If the trust in your case has an attachment (usually called Schedule “A”) that lists all the person’s assets and that attachment... Read more »

View More Answers

3 Answers | Asked in Estate Planning, Civil Litigation and Probate for California on
Q: My grandma's died in 2015,I've lived in her home for7 years after her death and now some people came and told me to move

What do I do now .she also left me papers that are legalized saying the home is mine

Julie King
Julie King
answered on Sep 6, 2022

I'm surprised your grandmother's estate (her assets left behind) has not gone through the Probate Court by now. If your grandmother had a Trust stating her desires, then whatever your grandmother said in that document will control what happens to her property, and your family most likely... Read more »

View More Answers

1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Can I register a for profit business at a property owned by non profit religious organization?
Julie King
Julie King
answered on Aug 30, 2022

I'm sorry to say, your question doesn't make sense. Businesses are registered with the state, not registered at a property. Perhaps you can try asking your question again, but give the lawyers more information about what you need. Sorry about that!

2 Answers | Asked in Family Law, Estate Planning and Probate for California on
Q: How can i go about claiming my deceaced father inheritance if im the next of kin
Julie King
Julie King
answered on Aug 23, 2022

The answer to your question depends on: (1) whether your father lived in California and, if so, if the total value of his assets exceeds $184,500; (2) whether your father had a trust, will, or no estate planning; and (3) if your father was married at the time of his death. Since we don’t have the... Read more »

View More Answers

2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Real Estate Law for California on
Q: If I was my grandmothers beneficiary and she had purchased 4 cemetery plots with only one remaining can I sell it
Julie King
Julie King
answered on Aug 6, 2022

The answer depends on whether your grandmother had a trust or will, what the trust or will says, whether there are other beneficiaries, and more information that is not contained in your answer. Unfortunately, a lawyer needs more information to help you. Sorry about that!

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Tax Law for California on
Q: 2002 Trust was created. If surviving spouse disclaims "any" interest in deceased spouse property, ..............

..................trust can not be amended or revoked. When trust was created surviving spouse disclaimed/transmuted interest in deceased spouses inheritance 852 Family Code.

California Probate Code 278 – The disclaimer shall be in writing, shall be signed by the … The disclaimer shall... Read more »

Julie King
Julie King
answered on Aug 4, 2022

I'm sorry to say that a lawyer cannot answer this question without reading both the trust and the disclaimer. It's a bit like giving two lines of a book and asking a question about the whole book. Sorry about that!

1 Answer | Asked in Estate Planning for California on
Q: Do I need a will? Trust? Or are RDP papers enough? See question below.

I am in a California domestic partnership. Our house and all of our bank accounts are in my name. I want to make sure if something happens to me that my partner can get access to all of the accounts and the house goes to him. Do I need a trust? Will? Or can he just show the domestic partnership... Read more »

Julie King
Julie King
answered on Jul 24, 2022

Good questions! The law in California divides people’s estates [your assets left behind at death] into two categories: (1) estates with assets totaling $184,500 or less in value; and (2) estates with assets valued at more than $184,500. People who would fall within the second category — which... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Dads wife recently set up a trust and put her portion of the real estate in this trust. Did she need his signature ?

The properties were held as joint tenants. Can she put her portion of the property in a trust without his signature or him agreeing? Would this not change the deed, thus requiring his signature?

Julie King
Julie King
answered on Jul 16, 2022

Assuming your dad and his wife live in California, the property they acquired as a married couple is owned 50% by your father and 50% by his wife because California is a community property state. There is no problem with your step-mom putting her half into a trust because she owns it and can do... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Health Care Law for California on
Q: Can I get my deceased grandparent's medical information if I'm not the executor of their estate?

My grandparents passed away over 10 years ago and I am trying to get their medical history. I am not the executor of their estate (they didn't do estate planning before passing away) and my father is the death certificate holder. I live in California, however, they passed away in New York. I... Read more »

Julie King
Julie King
answered on Jul 13, 2022

You are right on the money with the HIPAA reference. Everyone has a right to privacy in their medical information. So, if one spouse is in the hospital and the other spouse calls to ask how the hospitalized person is doing, the hospital is not even allowed to acknowledge the person is in the... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Trust attorney won't allow for 3 co-trustees. Not what they like to do. How does the trustee insist that it must be ?

The original trustee was deemed medically incapable of handling her trust so her co trustee was moved into the position. The new trustee wants help with it, being she is not knowledgeable of the handling of the trust and has health conditions that make it hard for her to get around. She would like... Read more »

Julie King
Julie King
answered on Jul 12, 2022

Think of the trust as the official rules book because everyone is required to follow the terms of the trust. If the trust you are working with says three co-trustees are allowed, then you can do it, so long as you follow the requirements set out in your trust. If three co-trustees is not allowed by... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Can a completely restated living trust still be amended by the living settler trustee?
Julie King
Julie King
answered on Jul 12, 2022

If the trust is a Revocable Trust, the answer is likely yes. If the trust is an Irrevocable Trust, the answer is likely no. But, a lawyer would have to read your particular trust to know definitively one way or the other. Sorry about that!

1 Answer | Asked in Estate Planning, Family Law and International Law for California on
Q: Civil guard. case, petits had counsel. I asked the judge if I may retain counsel he says no we are done here get out!

Where my civil rights violate

Julie King
Julie King
answered on Jul 10, 2022

There isn’t enough information for anyone to help you. Unfortunately, it’s a bit like giving someone the last three pages of a book and asking if it was a good end to the story. I’m not a civil litigator (other than probate), but it sounds like you need a litigator to whom you can give much... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: I need a real estate attorney for someone that's mentally ill.

The mentally ill person is my friends cousin and he used to own 3 properties, well the estate has been taken from him and we dont know why. Now they are coming after the condo where his cousin stays at.

Julie King
Julie King
answered on Jul 4, 2022

I’m sorry your friend’s cousin is in that awful situation. The cousin will need to hire a litigation attorney ASAP!! If there is an imminent threat to the property being taken away, the cousin can seek a restraining order to stop the property sale. Please don’t wait. If the cousin doesn’t... Read more »

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: As an out-of-state son (#1) and named beneficiary, how do I get a trust accounting from an uncooperative executor?

As an out-of-state son (#1) and named beneficiary, is it possible to get a trust accounting and a copy of the current (I've seen an older one) trust from a completely uncooperative other son (#2) who is the executor and POA? He keeps moving my mother to different facilities (early alsheimers)... Read more »

Julie King
Julie King
answered on Jun 22, 2022

Unfortunately, you may have an elder abuse situation on your hands. Elder abuse includes both physical abuse and taking advantage of someone with limited mental capacity by spending all their money. I'm sorry to say it sounds like you need to hire a lawyer because your brother won't... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for California on
Q: Can my mother as “next of kin” get access to my brothers bank account even with a will?

My brother passed on Sunday. He left a holographic will and named an executor. He was also a lawyer so I don’t have any reason to question the validity. I am in contact with the executor and she’s going to file the will today or tomorrow. My mom is next of kin and has been estranged from my... Read more »

Julie King
Julie King
answered on Jun 22, 2022

No one can legally access another person's bank account without specific authorization. If your brother had assets with a total dollar value of more than $184,500 (excluding retirement and a few other items), then your family will have to go through a court process called Probate BEFORE... Read more »

1 Answer | Asked in Business Law for California on
Q: How do I establish a residential address if I don't have one and so-called "live" at my business address?

(update) I have had difficulty with the DMV and financial institutions for opening accounts, loans, credit, and insurance. I expect the IRS will not accept an address in a commercial zone as my personal residence. So far, when I have run into a problem, I have used my old residential address, but... Read more »

Julie King
Julie King
answered on Jun 22, 2022

It would help to know for what purpose you need a residential address. You should be able to use your work address as a mailing address for most purposes. So, unless there is a specific reason you must have a separate address as your home, just use your work address. Obviously, this response... Read more »

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: Changing the asset of a QPRT.

I placed my residence in Virginia into a QPRT two years ago splitting it between my two children. My son has since become disabled. I bought a house for me and my husband in California this month and am currently in the process of selling my house in Virginia under the QPRT. I want to buy another... Read more »

Julie King
Julie King
answered on Jun 20, 2022

Qualified Personal Residence Trusts (QPRTs) are irrevocable trusts, which means they are not easily changeable or dissolvable. Whether or not your QPRT can be modified will depend on the language in your particular document. There is something called "decanting" that might be used to... Read 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.