Get free answers to your legal questions from lawyers in your area.
I am Successor Trustee and sole beneficiary of the trust. I am trying to eliminate redundant paperwork and cost if possible.
answered on Dec 31, 2023
Most estate planning attorneys would say to set up the trust before you make the distributions so you can transfer the assets directly to the trust, rather than transfer them to your personal accounts and then move your personal accounts into the name of the trust. But there could be tax... View More 
answered on Dec 28, 2023
No. The deed must be signed by the person who currently has the right to the control the property. If the property is in the name of a trust, the currently serving Trustee is the only one who has the power to transfer the ownership. If the person who passed away did not have the property titled in... View More
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
answered on Dec 28, 2023
It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
answered on Dec 26, 2023
There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the... View More
No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me
answered on Dec 18, 2023
When someone loses a loved one, it isn’t common to get documentation related to the death within the first 30 days. The documentation you will receive depends on the dollar value of the deceased person’s total assets. Assuming your mother lived in California, if her assets are collectively... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
answered on Dec 15, 2023
Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More
I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More
answered on Dec 6, 2023
Most trusts specifically say that if Beneficiary X dies before the Settlor or Trustor (the person who had the trust) or if that Beneficiary "disclaims" (doesn't claim) their gift, then ______ happens to that gift. So, the first thing I would do is read your Uncle's trust to see... View More
I have a living trust established in 2003. It had about 26 assets listed. I no longer have about 16 of the assets. Can I just rewrite my Schedule A omitting the assets I no longer have? If so, can I also just add assets acquired since then in the name of the trustee/trust? Does that also... View More
answered on Dec 5, 2023
It's possible a judge could recognize handwritten changes as a valid amendment to the trust, but there is no guarantee of that because the changes would not be signed, notarized, and fulfill all the legal requirements of trust amendments. You can certainly update Schedule A but, if you want to... View More
My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More
answered on Nov 29, 2023
There are a number of legal issues here. First, no one can verbally give away rights to real estate. The law says that all transfers of real estate MUST be in writing and signed by the person who is giving up their rights to the property. So, any verbal statement your mother made about you... View More
answered on Nov 29, 2023
If the person who named you in their trust has passed away and you are listed in their trust as the first successor trustee, you should be the trustee unless your sister's petition is successful. No one can successfully petition the court to take over a deceased person's estate simply... View More
house. Can I avoid property tax? Both of our name is on the grant deed.
answered on Dec 3, 2024
Unfortunately, almost all exchanges of real estate in California will cause the property tax rate to increase. There are VERY FEW exceptions (one such exception applies when a person transfers real estate to their spouse.) There are no exceptions for property transfers to siblings, cousins,... View More
answered on Dec 1, 2024
I'm sorry, but lawyers cannot answer your question without more information. A conservatorium is a school that focuses on music courses. Perhaps you mean a conservatorship? If so, is it a conservatorship of your boyfriend or someone else? Again, much more information is needed before this... View More
If you can show through declarations and documents that you were somewhere else?
answered on May 13, 2024
I’m sorry to say no lawyer could help you without receiving more information. For example, who is bringing a claim in court? What is the claim? How are the people related, if at all? Contact a lawyer in your area and provide the lawyer with a lot more information. Best wishes!
answered on Feb 19, 2024
It can be fixed when the Certification of Trust is updated to change the trustee from your cousin to you. Best wishes.
All successor trustees are dead. I am also a beneficiary of the trust. I would like to know what form I need to file to petition to become the new trustee. I’m in Los Angeles.
Thank you
answered on Jan 20, 2024
Before you go to court, read your trust. Most trusts say who the backup trustee (successor trustee) will be if the trustee is unable to serve.
Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money... View More
answered on Nov 29, 2023
Probate attorneys have a legal duty to put the clients' interests before the lawyers' own interests. So, to the extent the lawyer in your situation did not do that, there is a strong possibility that the lawyer violated the law and ethical codes. See a malpractice lawyer for more... View More
Do I have a legal right to the home even if I have my brother admit she wanted me to have the home?
answered on Nov 13, 2023
No, unfortunately. All real estate transactions MUST be in writing and signed by the person giving up their ownership. That's the law. Hopefully, your mother had a Trust (not a Will) and the Trust says you will receive the property. Otherwise, it's likely the property will be divided... View More
In California, What form would I file along with my proof of deed, DPOA, and bill of sale from 3 years before death of owner (to prove my ownership of the property) in order to counter/oppose an Order determining Trust ownership of property and for order authorizing and directing the transfer of... View More
answered on Nov 5, 2023
If a lawyer tells you the names of all the documents you need to file with the court, it will not help you unless you know how to draft the documents and what elements must be included in each one. In your situation, you really need an attorney to advise you because you could potentially have... View More
My Uncle is 97 and intends to gift me a large amount in physical 'hard' cash either now or as an inheritance upon passing. He is admirable to whichever is more advisable. I desire to avoid a bank account freeze or other legal nonsense upon depositing of said funds i.e. 'fiat'... View More
answered on Oct 8, 2023
There are many different ways to accomplish your objectives and each way has different tax implications. Depending on the amount a person wants to give away, he could give a gift of up to $17,000 (in 2023) per year without taxes. The recipient does not need to be a relative. But, if a person gives... View More
The property in question is in California. Two years ago my grandmother transferred her interest in her home to me with a quit claim deed that we notarized and exchanged. Recently, she passed away. She owed $100,000 left on her $400,000 mortgage. I recorded the quitclaim deed after her passing. She... View More
answered on Oct 5, 2023
I'm sorry you're going through that. If your grandmother had assets that are valued at more than $184,500 and she did not have a trust, one of your relatives or you will have to open a Probate matter in the Probate Court. That is a very detailed process and, if you don't know what... View More
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.
