The answer to your question depends on what the document said. If it was a grant deed, the owner of the property would have to sign another deed to correct any mistake. If the document was a trust or will, you can have the document amended. Again, a lawyer cannot answer your question without... View More

Who owns the real estate does NOT depend on who pays the mortgage. The only way the property can be transferred is through Probate. Here’s why: any person who gives up their interest in real estate MUST sign the deed in front of a notary to show that the person is voluntarily and knowingly... View More

I’m not sure what your question is but, I will guess that you own assets and someone is trying to take them from you. If that’s the case, your solution will depend on the type of asset(s) the person is trying to take from you. For example, no one can take your real estate without your signature... View More

Unfortunately, if your sister and mother won't cooperate, you'll likely need to get a lawyer to send a demand letter that sets out the legal duties of trustees, which include giving you a copy of the trust. If they still will not cooperate, you'll be forced to file a Petition with... View More

Your father will need to discuss an overall plan to meet his overall goals. But, to answer your question, he would need a grant deed to put his one-fourth share of the real estate into a trust. The deed is just the vehicle to put the real estate into the trust. The trust then acts as the... View More

You'd need a lawyer in Spain who handles real estate transactions, unless a lawyer in the United States works at a law firm with an office in Spain. Best wishes!

In addition to the information provided by the other lawyer, be mindful that, if an LLC or corporation owns real estate and the ownership of the company/corporation changes by MORE THAN 50%, the real estate will be reassessed for property tax purposes. You'll need to keep that in mind when... View More

When a person has a trust and later re-marries but does NOT update his trust, the new spouse (your step-mom) is legally referred to as an "omitted spouse" because she is not included in the trust. Omitted spouses have legal rights to their deceased spouse's assets. Often these... View More

The answer to your question will depend on what industry you are in, where your corporation does business, and other factual information that is not included in your question. But, in general (which may or may not apply to your business), if someone is only doing business in California, it... View More

It’s hard for a lawyer to advise on a contract without reading it. Unfortunately, it’s a bit like saying, “I’m reading a nonfiction book about X, how will it end?” There might be ways to get out of the contract early, such as if the vendor breached the contract but, without reading your... View More

You can do whatever you want with your assets! But it sounds like you are keeping "your" assets in your parents' trust. That is not a good idea for three reasons: (1) Trusts pay higher taxes, so you could save money by having the successor trustee of your parents' trust... View More

First of all, you should consider getting a restraining order against your brother and make sure you have cameras and all other security you deem is necessary to keep yourself safe. That's very important! Once you're safe, you need to get a trust. The law in California is that anyone with... View More

It sounds like your grandparents had assets that were valued at more than $184,500 (although that is a guess.) If that is the case, your uncle should have filed an action with the Probate Court in the county where your grandparents lived. (More accurately, the county in which the last grandparent... View More

The person named as the Executor in the Will can open a bank account in the name of the estate. Most likely, the bank will require the Executor to go back to the person or company that issued the check and make a new check payable to the estate of that person. Then, the executor can deposit the... View More

If there is a Will, then that document will control who has the authority to handle the deceased person's finances. Just because someone is related to the deceased person does not automatically give them legal authority to access or spend the deceased person's money. Banks are very... View More

There are VERY STRICT privacy rules surrounding people's medical information and, unless your loved one signed a waiver of their right to privacy (also known as a HIPAA Waiver) that specifically includes your name as someone your loved one wanted to be able to access the medical records, there... View More

DO NOT MISS the court appearance no matter what you do. If you do not appear at the hearing, you will automatically lose by default, which will create more problems for you to overcome. If your signature was not notarized (meaning a notary actually watched you sign the document) then it likely... View More

Yes, it’s a problem. Technically, those are three completely different trusts. So, the house is in a different “trust” than the actual trust. There are ways to fix that problem including amending the deed and/or trust to state the proper name of the trust.

It sounds like your sister is breaching her duties as trustee and is likely unfit to serve as trustee if she is on drugs, as you said. Trustees are legally required to follow the terms of the trust EVEN IF the trustee believes the person who passed wanted something different. Your sister definitely... View More

Your question isn't entirely clear, so I'll give it a shot and hope it helps. When a parent does estate planning, the parent is dealing with the parent's own assets. In your case, your mother put her own assets (including her home) into her trust. It seems you want to keep your... View More