The previous lawyers gave you good information. As I often tell my clients, there’s a legal answer and a practical answer to your question and those answers are often different. Legally, there is no requirement that you change title to your name as trustee. But, some realtors, mortgage companies... View More

Sorry to say, the only way to avoid a reassessment for property tax purposes is when property is transferred between spouses, parents and children, and/or grandparents and grandchildren IF the parents are deceased. There is no exemption in any law that says you can transfer property to a sibling,... View More

I’m sorry to say, the state only comes in as the absolute last resort. Your family is always required to take care of your things. But, if they refuse to do it and completely abandon all of your assets, the state will take bank accounts and things like that. If you are renting, check your lease... View More

One of the key questions is whether a physician has opined that your mother no longer had sufficient mental capacity to understand what she was signing before she signed the power of attorney. People can lose their mental capacity from a legal standpoint years before death or never take place at... View More

There are different ways to amend a trust. One way is to prepare a document called an Amendment, which will only change certain words, sections, paragraphs, or other specific parts of the trust. The other parts of the trust that were not changed in the Amendment normally remain part of the trust.... View More

If you want it done correctly, have a lawyer draft and notarize the Amendment. Most trusts have a provision saying that Amendments to the Trust must be prepared using a specific type of document, certain words, and using specific procedures so the Amendment will be considered valid. If your trust... View More

If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More

Two things: (1) Proposition 19 completely changed the property tax laws so the overwhelming majority of real estate in California will be reassessed to current value -- meaning property taxes will go up substantially in many cases -- so it isn't automatically true that the parent-child... View More

Please allow me to address your comment that you want to draft your own trust. I regularly tell clients that there are several legal documents that a template would work for, assuming the template is based on the correct state's law. But estate planning is unfortunately not one of those areas... View More

The accounting would normally start with the value of all assets that existed on the day your mother died. But, if there are no step-siblings (children from other marriages or relationships) then, in many cases, all of the children can agree in writing to avoid the forensic accounting and split the... View More

The answer to your question depends on what other assets your father had in his name only and whether your father had a trust, a will, or did no estate planning. A spousal property petition is certainly a good possibility. If you don’t want to use an attorney, you could try to draft the Petition... View More

People can only sell what they own. So, if someone owns 50% of a home, that person can ONLY sell 50% of the home. If both 50% owners are living in the home, both would see the "For Sale" sign in front of the home, which would be a clear indicator that something's wrong.

The... View More

The answer to your question depends on the dollar value of all your mom’s assets. Look only at the assets, not the debts (such as a mortgage, credit card debt, taxes owed, etc.). If the dollar value of all your mom’s assets — meaning what price would she get if she sold everything on the open... View More

A-B Trusts are common in blended family situations for this reason: In a traditional situation where a married couple has a standard revocable trust (NOT an A-B Trust), after the first spouse dies and leaves 100% of their assets to the other spouse, then the second spouse can do whatever they want... View More

Assuming you are the sole owner of the property, you can add whomever you'd like to your property. But beware, it may impact your property taxes. Double check with your accountant, so you understand the consequences of transferring real estate during your lifetime. It's often better to... View More

Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More

If your parents had separate trusts, it’s highly unlikely your mother would have any right to modify his trust document if your father were alive, but it’s even less likely she will be able to change his trust after he has passed.

The Trustee who steps up after the Settlor/Trustor dies... View More

I'm sorry for the loss of your father. There are strict ethical codes for lawyers who represent Trustees. Those lawyers are not allowed to represent or advise any beneficiaries. Lawyers have a choice of representing EITHER the Trustee (but only in his capacity as Trustee) OR represent one or... View More

I'm sorry to hear about your divorce. The judge in your divorce proceedings will say who is entitled to receive which asset and you will be able to take that document signed by the judge to your financial advisor (or the companies themselves) to transfer title to the appropriate person. If... View More

A lawyer would need more facts to be able to answer that question. For example, are any of the children from previous relationships (not with your current spouse)? If so, it may not make sense to have a Disclaimer Trust where one spouse leaves all of their assets to the other spouse because the... View More