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Questions Answered by Jackie Marie Howard
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.

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 »

2 Answers | Asked in Estate Planning for Tennessee on
Q: My grandmother has passed. She lived in Illinois. She set up a trust fund for my mother.

Which is being administered by fifth third bank in Illinois. Mother has questions about the trust, and wants to know if she should hire a attorney in Tennessee or Illinois.

Jackie Marie Howard
Jackie Marie Howard answered on Apr 21, 2021

My condolences for your loss. The trust itself should define what State's laws it follows. The trustee should provide a copy of the trust to your Mom. Likely you will find the trust says it follows Illinois law.

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1 Answer | Asked in Probate for California on
Q: Probate Bond Waver

I have been asked by my mother in laws attorney regarding my father’s estate to sign a bond waver. Please advise on the why’s and why not of doing this?

My father died in 2019, no will and two property’s left in his name & listed separately property.

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

My condolences for your loss. A probate bond protects the estate in case the personal representative acts wrongfully (i.e. steals estate money, etc.). It is a personal decision to waive it or not. If it is waived, the estate does not have to pay the annual bond premium; however, if the personal... Read more »

2 Answers | Asked in Probate for California on
Q: Probate for unclaimed property?

My mother died years ago. All she had was a bank account that I took control of. No house of her own or valuables. She had no other children but me. Late last year, I received a letter in the mail from a company called OCWEN that she has unclaimed property in the value of $1273. I contact them... Read more »

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

Oftentimes when this issue comes up as you have described, the company is located outside of California and is not aware of our small estate laws. Having counsel represent you with the company can generally resolves this lack of understanding by the company.

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2 Answers | Asked in Probate for California on
Q: my mother passed away I know the property needs to go to probate but I don't know where to start this process
Jackie Marie Howard
Jackie Marie Howard answered on Apr 9, 2021

My condolences for your loss. Seeking probate legal counsel can ease the confusing process for you.

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1 Answer | Asked in Contracts for California on
Q: My father left me $135,000 in a trust in Illinois with an appointed trustee has not invested any of it....it's been

5years now...no attemps to invest or interet in my trust at,all. The,trustee collects. a monthly fee although he has never told me the.amount or sent me an invoicce...just takes it out of the trust money...

Can I sue him.for this?Can.I choose my OWN trustee?

Jackie Marie Howard
Jackie Marie Howard answered on Apr 9, 2021

If the trust is administered under Illinois law, you should seek counsel who is licensed in Illinois. This question is posted under the category for the State of California. Re-post for Illinois counsel.

1 Answer | Asked in Divorce and Family Law for California on
Q: Stocks that are purchased jointly during marriage but have only partially vested as the company has yet to go IPO?

We purchases jointly some stocks. They were for my husbands company that has yet to go public. We still cannot exercise the stocks as of our separation date because the company has not gone public yet. But we still own the stocks that were purchased "together". He is claiming I... Read more »

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

Assets purchased from your joint account during your marriage are community property; therefore, each of you have a 1/2 interest. You should seek legal counsel in order to ensure that you pursue all of your legal rights.

2 Answers | Asked in Family Law for California on
Q: My question is regarding the due process in CA: a 5 or 30 days notice before the conservatorship hearing? Thank you
Jackie Marie Howard
Jackie Marie Howard answered on Apr 7, 2021

Petition for Appointment of Temporary Conservator requires 5 days. Petitioner for Appointment of Conservator requires 15 days (30 days to Regional Center).

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1 Answer | Asked in Uncategorized for California on
Q: Tragic death occurred because the family members complied and trusted the mental health court and county's policies

I am reaching out to Justia lawyer network to see if anyone can advise on how to navigate the law pertaining a wrongful death of a special needs adult. The timing of the my partner step son being released from the main jail and his death from a hit and run is highly suspect. He was killed in a hit... Read more »

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

My condolences for your loss. Consult with a litigation attorney who is experiences with bringing cases against the county/government (there are special rules and privileges that apply) in the area the incident occurred. You may need to interview several litigators to find the right one, but... Read more »

1 Answer | Asked in Uncategorized for California on
Q: relocated from Az. to Cal. to care for mother ,me and my wife with no type of help or support from siblings

is compensation possible

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

More information would be needed to give you a responsible answer. Does your Mother have capacity, what is her condition, is she on State benefits, who are you seeking compensation from (your Mother, the State, etc.)? Private consultation with an elder/estate attorney would provide you with a... Read more »

1 Answer | Asked in Uncategorized for California on
Q: What happens if I have the vehicle in my possession, file a lien for services and the owner is deceased?
Jackie Marie Howard
Jackie Marie Howard answered on Mar 28, 2021

Any legal claims would be against the estate of the deceased owner. Finding out the status of the owner's estate (i.e. in Probate Court, trust administration, etc.) will assist you, and your legal counsel, to determine the proper procedure for recovering what the estate owes you.

2 Answers | Asked in Estate Planning, Contracts and Probate for California on
Q: I gave my kids each 25% of my trust my mom put it in her will can I take it back from my kids

My mom asked each on of my brothers and sisters if we wanted to give our kids any shares of ours in the trust, before she passed away in 2003 I said yes so each one of my kids receive 25 % each month. My son I want to remove him from getting another penny out of my share he doesn't deserve it... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on Mar 12, 2021

Yes. It would be wise to consult with an experienced estate planning attorney, who would be able to advise you thoroughly, regarding the procedure and ramifications of omitting your son from your Estate.

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1 Answer | Asked in Estate Planning on
Q: My father owns property jointly with his 2 brothers. What happens to his share when he passes away? Can it be willed?
Jackie Marie Howard
Jackie Marie Howard answered on Mar 12, 2021

It would depend upon how he took title to the property with his brothers. Real property can be owned in several forms. For example, it can be owned as joint tenancy with rights of survivorship (the survivor owns the property) or as tenants in common (the estate of the deceased administers the... Read more »

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