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.
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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?
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.
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 »
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.
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 »
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 »
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 »
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.
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 »
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.
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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