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Questions Answered by Julie King
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 »

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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 »

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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.

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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 »

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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 »

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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.

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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 »

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1 Answer | Asked in Estate Planning for California on
Q: Executor of unfunded trust would not inventory or fund trust after death
Julie King
Julie King
answered on Jan 27, 2022

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 »

1 Answer | Asked in Estate Planning and Family Law for California on
Q: As next next of kin, do I have authority to secure property for decedent estranged from her only son, whereabouts???

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 »

Julie King
Julie King
answered on Jan 20, 2022

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 »

1 Answer | Asked in Estate Planning for California on
Q: Brothers suing me over house I live in. Our names on deed. Plan on evictingbme to sell

everyone off of the land.

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.

There is no option where... Read more »

Julie King
Julie King
answered on Jan 19, 2022

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 »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Is there a way to claim a house from a trust and then transfer the deed of a house without it showing up on taxes?

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 »

Julie King
Julie King
answered on Jan 19, 2022

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 »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: How do my fiancé and I set up our financial plans and estate plans when he has a minor child by his late wife?

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 »

Julie King
Julie King
answered on Jan 19, 2022

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 »

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Father has left his trust to 3 sons. Personal and commercial properties in the trust. Estate lawyer changed the prop

Properties in the name of one son, executor. Is the interest of the other brothers protected? He said he did this for tax purposes

Julie King
Julie King
answered on Jan 19, 2022

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 »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »

Julie King
Julie King
answered on Jan 18, 2022

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 »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: I am the trustee on my grandparents living trust. Who are their beneficiaries?

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 »

Julie King
Julie King
answered on Jan 11, 2022

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 »

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2 Answers | Asked in Estate Planning for California on
Q: For health reasons, a father wants to transfer full ownership to an adult son and daughter effective immediately.

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.

Julie King
Julie King
answered on Jan 9, 2022

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 »

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