Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Julie King
3 Answers | Asked in Estate Planning for California on
Q: How soon after my mom dies can we sell her home? The home is in a revocable trust in California.
Julie King
Julie King
answered on Mar 16, 2022

Unless the trust provides otherwise, you can sell the home any time. The question is whether you can distribute the sales proceeds to beneficiaries or if the money must stay in the trust account. All debts, hospital bills, taxes, fees from accountants, lawyers and trustees, etc. must be paid BEFORE... Read more »

View More Answers

1 Answer | Asked in Estate Planning for California on
Q: Risks of filling out small estate affidavit with banks if the decendent's full value is over probate amount(166k)?

The decendant's full value(when adding all bank accounts together) are over 200k, however most of the individual bank accounts are less than 30K. Can a small estate affidavit be completed with those banks without requiring them to go through probate? Do the banks share information with one... Read more »

Julie King
Julie King
answered on Mar 8, 2022

I don't know if banks share information with one another, but you've got other issues to consider. Small Estate Affidavits require people to sign under penalty of perjury and, if the information is a lie, then you've perjured yourself. California Penal Code Section 115 says perjury... Read more »

1 Answer | Asked in Estate Planning and Landlord - Tenant for California on
Q: Cam my mother give me a 30 day notice if I have lived in my house for 8 years? And didn't rent from her? she put in her

My grandmother bought a home for me 8 years ago, the house was in her name, when she died the house went into y mother name and was not even listed on the trust. There is a lot of info that goes with his but my main concern is she just sent my fiance a 30-day notice to move out of the house I have... Read more »

Julie King
Julie King
answered on Mar 4, 2022

Unfortunately, no lawyer in the world can answer your question without reading your grandmother's trust. That is the key to this whole situation. One other note: If the law firm represented the trustee of your grandmother's trust, that law firm cannot advise you because you are a... Read more »

2 Answers | Asked in Estate Planning for California on
Q: my 22 yr old son died intestate in Marin county california. How do I as his parent get appointed as Administrator of

his estate. He was not married and had no children. His estate is valued at less than $150,000. I need to get Letters

of Administration signed by a court in order to get his medical records. Thank you

Julie King
Julie King
answered on Mar 2, 2022

First, I'm so very sorry you lost your son. That's just awful. My heart goes out to you. But to answer your question, the only way to get Letters is from a Probate Court. However, since your son's estate is less than $166,250 (the current probate limit in California), you should be... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can my mother challenge the trust for property my grandmother left me instead of her?

For several years my grandmother had it in her trust that my mother got her house when she passed. In the last year of her life, she offered me the house because she was worried my mom would sell it. I agreed and she amended her trust. She obtained a Note of Capacity from her Primary Care Doctor,... Read more »

Julie King
Julie King
answered on Feb 28, 2022

Your mom can challenge the trust, but that doesn't mean she'll be successful. There are two key issues that frequently arise during challenges: (1) Did the settlor (the one who set up the trust, i.e., your grandmother) have her mental capacity when she made the decision to give you the... Read more »

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: Need power of attorney for finances for gentleman in nursing care.

He had a heart attack and is no longer able to take care of himself.

Julie King
Julie King
answered on Feb 23, 2022

The only requirement is that he has his mental capacity, which means he fully understands that he would be giving up the power to make his own decisions about his finances and, presumably, his healthcare as well. He needs to understand what he is signing. Physical abilities do not matter. It's... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for California on
Q: Why would Trustee wait for letters from probate court to distribute nonprobate assets that he already sold or cashed in?

Grandmother had a revocable living trust that became irrevocable upon her death. In her trust the section about distributions states after payment of last expenses and taxes the remaining trust principal is to be distributed outright 100%. She has a pour-over will and 2 small accounts of hers had... Read more »

Julie King
Julie King
answered on Feb 22, 2022

Normally, if all debts and taxes have already been paid, most of the trust assets are distributed before the two year mark. Many trustees will hold back some funds for stray bills that show up out of the blue, so trustees don't always distribute the entire trust estate. In your case, if the... Read more »

View More Answers

1 Answer | Asked in Estate Planning for California on
Q: I am a beneficiary to a trust/will that has a no- contest clause.

I am a beneficiary to a trust/will that has a no- contest clause. A few months ago, I recieved word that one of the other beneficiaries was planning on taking items and giving them to other family members without permission. I informed the fiduciary and the trust lawyer, who warned her that her... Read more »

Julie King
Julie King
answered on Feb 22, 2022

The no contest provision in a trust or will relates to challenges to the trust or will itself. For example, if a parent gave everything he owned to one of his two children and the disinherited child challenged (or “contested”) the terms of the trust by bringing evidence that the parent had... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: What to do if landlord is harassing and menacing me to leave my home in California?

I have been renting a room in an owner occupied house for 2 years and which I have a registered LLC business located. Landlord is threatening and harassing me to force me to leave. Never received any notice of termination of lease. LL tried to say that his relative is moving in a reason for lease... Read more »

Julie King
Julie King
answered on Feb 16, 2022

It depends on whether you have a lease. If you don't have a lease, that means you are in a month-to-month tenancy, so the landlord has the right to terminate your tenancy by giving you 30 days' prior notice if you have been in the rental for one year or less, or 60 days' prior notice... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Probate for California on
Q: Can a property in a trust that became irrevocable upon my grandma's death be reassessed for property taxes in San Diego

My grandma moved the property into a living trust in the mid 90's. She passed away in 2019 and the trust became irrevocable. The trust gives a life estate to my uncle. His daughter (my cousin) and I are executors of the trust. As the grandchildren we get the remainder of the property to do... Read more »

Julie King
Julie King
answered on Feb 15, 2022

Depending on the language in the trust, you should qualify for the Grandparent\Grandchild exemption. You can take a copy of the trust to the County Assessor's office and explain the situation to them. If that doesn't work, contact a lawyer in your area for assistance. Best wishes!

1 Answer | Asked in Consumer Law, Contracts and Construction Law for California on
Q: Does cashing a check from my Ca contractor that says paid in full means I can’t go after for the rest of the funds

They are now out of business and the check is good as of today and I wanted to cash this before going after the rest of funds

Julie King
Julie King
answered on Feb 15, 2022

Yes, cashing a check marked "payment in full" or similar language constitutes the settlement of a claim under California law. If they are out of business, the only way you'll get the rest of your money is to speak with a litigation attorney to see if there is a way to sue the... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can someone help me fill out a joint Tenancy grant deed. My mom is 86 and we don't know to loose our home .

We bought the house together but she is only 1 on the deed.and no trust.

Julie King
Julie King
answered on Feb 10, 2022

You can hire any attorney to help you with the deed. It should cost about $300. But, if your mom has other assets that total $166,250 in value, your mom will need a trust or you may need to spend a year to two years in probate court before you could inherit those other assets. Talk to an estate... Read more »

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: I live in California my mom’s trust is In Arkansas.I am wanting to contest the trust. How many day do I have?
Julie King
Julie King
answered on Feb 9, 2022

The answer to your question will be based on Arkansas law, so you need to speak with an Arkansas attorney. I don't know if Arkansas is similar to California, but in California, all beneficiaries of a trust receive a formal written notice with the deadline set out in the notice. If Arkansas has... Read more »

View More Answers

2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for California on
Q: How can I use the law to get General Motors to write me a letter to register my vehicle with the CA DMV?

The CA DMV is asking for information on the federal label on my General Motors vehicle. The label has faded, and General Motors will not provide me the information needed, despite the vehicle code stating that they must provide this. The matter has taken over 6 months to sort through, cost me over... Read more »

Julie King
Julie King
answered on Feb 8, 2022

The fastest way to get that done is to write a letter to the General Counsel (head lawyer) of GM. That person will not read the letter, but the General Counsel's Administrative Assistant will route the letter to the right person.

View More Answers

3 Answers | Asked in Business Law, Employment Discrimination and Employment Law for Nevada on
Q: My company wants to change my contract, do they have to give me written notice that they are changing it?

I have been working at my company for over 6 months and now they are trying to cut my pay in half, and even more than that and expecting me to take on more responsibility. And say I have till Monday to sign it or I cant come back to work. Is this legal? Can they do this with no prior notice???

Julie King
Julie King
answered on Feb 7, 2022

Employees are either “at will” or they have a contract. At will employees can quit when they want and the company can fire or layoff an employee when it wants, so long as the termination isn’t due to discrimination, retaliation or another illegal reason. It sounds like you are an employee... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: I just inhereted a rental property. The tennants are not paying. They asked for docs. What am I required to give them?

I have a trust that leaves everything to me. I have been very nice to them. I introduced myself in Dec and asked for the rent and gave them my information: name, address, phone number, and email. I told them they could mail it since I don't live near by. They said they would mail it. Jan there... Read more »

Julie King
Julie King
answered on Feb 6, 2022

The lease is the key document saying what the tenant and the landlord are required to do in various situations. You must comply with any terms in your lease that apply to a change in the Landlord. If your lease doesn’t require notice be given or some specific proof that you are your mom’s... Read more »

View More Answers

1 Answer | Asked in Business Law and Tax Law for California on
Q: Is the owner of a start-up business in California allowed or required to be paid wages as though they are an employee?
Julie King
Julie King
answered on Feb 3, 2022

Yes, you are allowed to pay yourself a salary. Work with your accountant to be sure you are getting the best tax advantages.

1 Answer | Asked in Estate Planning for California on
Q: I WAS HELPING A FRIEND PREPARE A LIVING TRUST HE PASSED AWAY AND NOW THE FAMILY WANT ME TO GIVE THEM ALL THE INFORMATION
Julie King
Julie King
answered on Jan 28, 2022

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 »

2 Answers | Asked in Estate Planning for California on
Q: How to lodge original Will with California court if Will has been damaged by printer, but still legible?

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 »

Julie King
Julie King
answered on Jan 28, 2022

Just mail the original will, a cover letter saying you want to "lodge" the will, and a check for the filing fee. If the court doesn't accept it, the court will return it to you with your check.

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: My wife is likely to pass soon due to cancer. Is there any benefit to getting a Trust in place for tax purposes?

We don't have a Will at present.

Julie King
Julie King
answered on Jan 27, 2022

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 »

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.