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Questions Answered by Jackie Marie Howard
1 Answer | Asked in Family Law for California on
Q: When filing for conservatorship, do I have to be in the same state as the conservatee?

I live in California and my brother lives in Delaware. He has become mentally untestable and has been in and out of behavioral facilities recently forcefully by police. In the last few months he has become homeless and jobless. He needs mental help but refuses to volunteer go get help.

Jackie Marie Howard
Jackie Marie Howard answered on Jul 5, 2021

You will want to consult about this with a Delaware attorney where the conservatorship will be set-up.

2 Answers | Asked in Estate Planning and Probate for California on
Q: The trustee is discriminating against several benificaries and will not inform them of details of an accepted offer.

When I have asked to be informed, I'm denied any info other than I'll receive a settlement statement at close. The trustee is making errors and not letting anyone help. I'm a real estate Broker with knowledge. What can be done to receive information?

Jackie Marie Howard
Jackie Marie Howard answered on Jun 26, 2021

Get counsel to assist you in asserting your rights as a beneficiary. If it cannot be resolved informally, Court may be necessary to get the trustee's accounting and report, as well as, possibly remove the trustee due to breach of fiduciary duties.

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1 Answer | Asked in Uncategorized for California on
Q: If family is still living in house of deceased person, but house is inherited by another, how do you get them to leave?

My son and his family were living with my aunt. She is now deceased, and I have the home. I need to sell, how do I get the family out?

Jackie Marie Howard
Jackie Marie Howard answered on Jun 24, 2021

If your Aunt owned the house individually, a probate administration in court will be necessary to get legal authority to evict the tenants (if they won't leave voluntarily). You said that you have the house. Are you on the deed? More information would help to provide you with a more... Read more »

1 Answer | Asked in Elder Law, Family Law, Health Care Law and Juvenile Law for California on
Q: My stepson’s mother is his conservatorship why he’s in a mental group home I just found out that Her his money .

My stepson is under a conservatorship is mother is currently he’s conservator. He was working a job and gave her the money and she’s using that money to start her own business is that legal and what can I do to put a stop to this

Jackie Marie Howard
Jackie Marie Howard answered on Jun 14, 2021

A portion of your question is missing; however, it appears you are asking if a conservator can spend money belonging to the conservatee's estate on bills/expenses/assets of the conservator. The answer is no. The conservator is answerable to the court for how the estate funds are spent. Get... Read more »

2 Answers | Asked in Probate for California on
Q: My grandma recently passed without a will. Is there anyome im the sacramento area i could meet with for free advice
Jackie Marie Howard
Jackie Marie Howard answered on Jun 4, 2021

Please accept my condolences for your loss.

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3 Answers | Asked in Estate Planning for California on
Q: My mother passed and left her estate to her living children. Since she passed three of her nine children have passed.

Does the estate get divided between the living children. My mother said she only wanted her children to have her estate or does the deceased children receive it?

Jackie Marie Howard
Jackie Marie Howard answered on May 27, 2021

My condolences for your loss. Did your Mother have a Trust or a Will? The answer to your question could be addressed by the section of the Trust/Will regarding distribution. Seek legal counsel to get a specific answer to the facts in your situation.

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My sister and I are co-executors and co-trustees for my Mom's estate. How can you get a co-executor to move forward?

My daughter and I have taken care of my Mom for the past 9 years. She lived in assisted living; however, we paid the bills, took her to dr. appointments, did her taxes and ran errands. We spent a lot of time with her. My 4 siblings would visit her maybe once a year. My siblings became upset with... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 26, 2021

My condolences for your loss. You should seek your own attorney to represent you independently of your sister co-executor. Attempting to complete administration without counsel, especially under the circumstances you are now facing, is not something that you should try.

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: To petition for a change of custody in Plumas County after a ruling has been made previously, what forms do you file?

A default judgement was granted due to failure to appear and other extenuating circumstances. Children are still in my custody 50% of the time with me providing monetary support for them as well. Their mother insists on creating a permanent schedule though I currently have no legal right to the... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 20, 2021

The issues you are dealing with have important consequences to you and your children. Seek experienced counsel to assist you.

1 Answer | Asked in Family Law and Probate for California on
Q: I was granted guardianship in New Mexico, but have lived in California the entire time. Do I petition in NM or CA to end

I have always resided in California, does the case automatically transfer? I want to end guardianship and am not sure if I petition in New Mexico or California? Guardianship was not supposed to be this long (13 years thus far), but birth mother keeps having time added to her sentence in prison.

Jackie Marie Howard
Jackie Marie Howard answered on May 18, 2021

Jurisdiction over the case does not automatically transfer, so the court that has been overseeing the case is where you would file.

1 Answer | Asked in Estate Planning and Probate for California on
Q: Domestic partner survivor benefits

My domestic partner died in februrary and named me as beneficiary for survivor annuity benefits. We were never “registered” as domestic partners but lived together for 23 years leading up to his death. I also have a car in his name i want to sell. He was never married. His benefits... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 18, 2021

My condolences for your loss. If you are named as beneficiary, the normal process is for the annuity administrator to have you complete forms. The car would go to his estate by his will, trust, or if neither, then to his heirs by intestacy, which would not include an unregistered domestic... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: My father recently had a stroke and I will be his primary caregiver - I am his daughter. My brother moved into my

Parents home in early March saying it would be for a couple of days - he has not left. He and I don’t get along and he pushed me the day he moved in. Can I get an emergency restraining order to have him leave so I can bring my father home? We live in Merced - California.

Jackie Marie Howard
Jackie Marie Howard answered on May 14, 2021

I'm sorry to hear about your father. It's good you are able to see to his care. If you contact the County Superior Court, they will be able to direct you regarding the process for application of a restraining order. Seeking local counsel can provide you with the support and guidance... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I bought a mobile home from a private owner but she died before transferring the title, no response from her heirs...

What do I do to transfer the title?

Jackie Marie Howard
Jackie Marie Howard answered on May 11, 2021

If her estate representative (i.e. executor, trustee) will not respond, seek counsel to represent you in getting the transfer effectuated. I would move on it sooner rather than later. Good luck to you.

2 Answers | Asked in Estate Planning for California on
Q: What is the California law code for 45-2-513, NM 1978 (the New Mexico code?
Jackie Marie Howard
Jackie Marie Howard answered on May 8, 2021

Probate Code section 6132.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Jackie Marie Howard
Jackie Marie Howard answered on May 6, 2021

My condolences for your loss. The administration should occur in the State where your sister resided; therefore, you would want counsel licensed to practice law for that location.

2 Answers | Asked in Divorce for California on
Q: Am I entitled to earnings from an inheritance if I'm getting divorced? Money has never been commingled in our accounts.

The money is in the stock market and has never been removed. He has accrued earnings from his initial inheritance. Am I entitled to half of his earnings from the inheritance?

Jackie Marie Howard
Jackie Marie Howard answered on May 8, 2021

I agree with Ms. Waxman and would add that you would not be entitled to half, as the separate property, along with the interest/growth on that separate property, is his.

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Q: Is it fraud to skip over a named successor trustee, and instead nominate and fill the vacancy with an outside party?

The successor trustee who was handling the administration of my irrevocable trust died. My Aunt was named second as a successor but she declined.

The next successor trustee named in the trust instrument was a bank but the bank was never informed of this. My Dad's widow, (an omitted... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 3, 2021

You said the fiduciary was court appointed. Did you get notice of the ex parte hearing? More facts would be needed to determine if you have any recourse. Seek counsel for a private consultation so that you can provide all the facts of your situation for a thorough evaluation.

3 Answers | Asked in Estate Planning for California on
Q: Is it legal to replace a trustee on a living trust without using an attorney?
Jackie Marie Howard
Jackie Marie Howard answered on Apr 28, 2021

You can amend a living trust without using an attorney. However, it can be wise to seek counsel in order to make sure the change is done correctly and doesn't have any unintended consequences to your plan.

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4 Answers | Asked in Estate Planning for California on
Q: Can my husband & I make changes to our living trust without using a lawyer, if our signatures are notarized? Thank you.
Jackie Marie Howard
Jackie Marie Howard answered on Apr 28, 2021

Not knowing the terms of your trust and its specific requirements in relation to amendments, I can answer the question generally --- a living trust generally in amended in writing signed by the trust creators, with such signatures notarized. However, I caution everyone when attempting to make... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Brother is dad's executor. Won't send Trust or Will copies. Can attorney who wrote them (not involved now) send them?

Dad passed away recently.

Jackie Marie Howard
Jackie Marie Howard answered on Apr 25, 2021

My condolences for your loss. Under California law, the Successor Trustee is required to send the heirs and trust beneficiaries a copy within 60 days of the trust becoming irrevocable (i.e. the death of the creator of the living trust). Seek counsel if your brother won't comply. Sometimes... Read more »

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1 Answer | Asked in Probate for California on
Q: This pertains to California Probate Law and co-executors of a Will

My relative named co-executors on a joint Will with his wife. He named my father or his appointee and another relative on his wife's side to be co-executors. This issue now is that my father passed prior to my relative and his wife and there was no other appointee named by my father. We... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on Apr 23, 2021

My condolences for your loss. It would be wise to seek local probate counsel to assist in evaluating the document(s) and all of the specific details. The Will language may define what happens if no appointee is named. People attempt to challenge Wills all the time; however, that doesn't... Read more »

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