If your friend did not sign the trust before he passed, there is no trust in place. Also, if he signed the trust, but did not move his assets into the trust, the document will likely be insufficient to keep the family from going through the probate process. In other words, if your friend had assets...Read more »
I have my father's original pour over Will and Revocable Trust. I need to lodge the original Will, even though there will not be a probate. The problem is, when I went to make a copy of the Will at a hotel, the printer printed "error code" text all over the original Will. You can... Read more »
If your wife and/or you have assets that total $166,250 or more, you almost certainly need a trust or your family will have to go through the 12-24 month long court process called probate. People who have trusts, and who have placed appropriate assets in the trust, can avoid probate, so they can...Read more »
Your question isn't clear to a lawyer because "executors" are the responsible people for Wills. "Trustees" are the responsible people for trusts. The trustee of the trust would not need to provide an inventory of what is in the trust because an "unfunded trust",...Read more »
Cousin passed (indigent), estranged from son lost to CPS and adopted; no other heirs but 4 cousins. Contacted through medical records, I was the closest. Can I legally act as agent to secure her property, make decisions, and conduct discovery for legal docs? Son expressed no interest in the estate... Read more »
If your cousin had signed a Health Care Directive, that document would say who has the right to make her final arrangements. If you don't know whether she signed a Health Care Directive, the hospital may know and/or the Coroner may allow you to make the call. You can pay for the cremation and...Read more »
If you chose the second option, the costs of evicting you and the rental value of the house for the entire time you’ve been there, plus attorneys fees, will be taken out of your share of the proceeds when the property is sold.
If the house was inherited by another person and you, then that other person has just as much right to the house as you do. So, by you taking 100% possession and not allowing the other owner to benefit from the inheritance, you are taking and using someone else's asset. Think of it this way:...Read more »
A family member of mine was bequeathed a house from a living trust. He has not claimed it because he doesn’t work so he can get medi-cal to cover the medical care that he needs. Would he be able to claim it and transfer it to someone else without it affecting his qualifications for medical or his... Read more »
No. Deeds are public records that anyone can see and receive a copy of simply by asking the County Recorder and paying the copying fee. Many counties have their deeds online for easy access. Also, be aware that there is a “look back period” before someone can qualify for some needs-based...Read more »
My fiancé and I live in California and are about 40 years old. We hope to marry and have children soon. He has one living ten year old son by late wife. I will likely need to reduce or even quit work to care for his child once we marry. My fiancé has significantly more money, including retirement... Read more »
When a couple sets up a trust, each person gets to say to whom the person wants his/her/their half of the community property and all separate property. The other person gets to say who wlll receive his/her/their assets (again that person's half of the community property and all separate...Read more »
First, please know that no one has an automatic right to another person’s assets. If a parent chooses not to give money to one child or another, the parent has that right — just like you have the right to choose to whom you want to give your assets. There is no law forcing anyone to give their...Read more »
Unfortunately, you don't tell us the purpose of the court hearing, so there is no way an attorney could tell you what documents to complete. Trust administration does not normally require court hearings. Is there a challenge to the trust? Is probate required in addition to trust...Read more »
I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »
Unfortunately, there is no way an attorney could tell you who your grandparents chose to be beneficiaries without reading your grandparents' trust. Otherwise, we would be guessing to whom they wanted to leave her assets.
I know there is a lot of legalese in trusts, but it is there for...Read more »
There is a 2nd adult daughter that he is excluding. How can he do this? Will a quit claim deed suffice? I believe the house is free and clear. Hispanic family but full citizenship. Please advise me what to tell him or where I can send him for legal advice. He is definitely low income.
It’s almost always better to give real estate to children through a trust at death than to give it to them during the parent’s life because the taxes will be so much higher. If your home has not gone up in value since you bought it, or you have a high tax basis on the home, you can weigh the...Read more »
Your mother should be putting almost all of her assets into the trust, so the assets can be distributed in accordance with the terms of the trust. If your mother passes away and has assets outside of the trust that are valued at $166,250 or more, someone in your family (maybe you!) will need to go...Read more »
The answer to your question will depend on whether your father had a trust or will. If so, those documents should say who has what rights. If your father did not have a trust, you most likely need to file a Petition with the Probate Court (or hire a lawyer to do so) and get a court order before...Read more »
I am employed, in CA, "at will" with a Limited Liability Company, SSG, that provides services to schools. I am hourly. I signed a No Solicitation agreement- that I wont accept employment, with the client (school) I have been assigned, during and 2 years after termination. I signed this... Read more »
Non-solicitation and non-competition agreements are not enforceable (i.e., cannot be enforced in court) against employees in California. However, those agreements are valid against business owners and the businesses themselves (corporation, LLC, etc.) in some circumstances. For example, it is...Read more »
My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »
Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many...Read more »
My niece is 38 yrs old, parents died in accident at 15 months old. Money was left for her, but didn't know. Has a statute of limitations run out on her ability to get restitution? Thank you for any help you can give me so we can guide her in whether to pursue civil action.
The answer to your questions would depend on a number of facts that are not included in your question. For example, was the money was left in a trust and, if so, what did the trust document say the money had to be used for? If the money was left in a trust and the trust document said the money...Read more »
It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or...Read more »
The original settler is deceased. The trustee has power to distribute his 1/3 of income and principal to himself. The question is whether the Trustee-beneficiary is considered a substantial owner under IRC 678(a)(1) and therefore taxed currently on his 1/3 of trust income.
It is most likely a non-grantor trust, but there is no way to know unless a lawyer reads the terms of your particular trust. Each trust contains different language. The main question will be whether the settlor/grantor of the trust has any control or powers. Take your trust to an attorney in your...Read more »
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