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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.
answered on Jul 5, 2021
You will want to consult about this with a Delaware attorney where the conservatorship will be set-up.
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?
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.
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?
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... View More 
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
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... View More
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?
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.
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... View More
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.
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... View More
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.
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.
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.
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... View More
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... View More
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.
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... View More
What do I do to transfer the title?
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.
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.
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?
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.
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... View More
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.
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.
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... View More
Dad passed away recently.
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... View 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... View More
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... View More
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