They told me when there in person I did not need to. I am now reading that’s not true and I needed to file it within 30 days. One of his children of my aunt has filed for probate to be executor of estate, She knows I have his last will and testament but is ignoring it. The home is in process to... Read more »
It depends on which trust owns the asset. The older trust may own the house and bank accounts. The newer trust may own nothing. If neither trust owns the asset, the most recent Will controls who owns the asset. If the only Will points to the older trust, the older trust gets the asset. If...Read more »
If there’s no dispute that your mom owned the property she sought to leave to you, it’s hers to give away. A letter however is not a Will unless it’s intended to have testamentary effect and is either written entirely by your mom in her own handwriting or signed by two witnesses. If the...Read more »
The deed to my father's primary residence has been transferred by means of a Trust Transfer Deed, into the name of my half-sister, as trustee. He has reason to believe she has been mismanaging his funds, refusing to disclose any information pertaining to his affairs and assets, so he wishes to have... Read more »
Your dad doesn't need to revoke the trust to remove a trustee. All he needs is a simple letter to the trustee exercising his right to remove a trustee and demanding that she deed the property back to him as sole trustee. If she fails to do so, she can be held liable for damages. A simple...Read more »
I am only child and parents were married 30+ yrs, however, 3 classic cars & 1 classic motorcycle were all purchased and owned by my father before my mom and dad were married....he didn’t have a will. I realize my mom receives all community property and separate property should be dispersed... Read more »
It sounds like the cars your father purchased before marriage were his separate property. If a person dies without a Will and is married and has one child, the laws of intestacy say that your mother inherits 1/2 of that property and you inherit 1/2 of that property. If your mother claimed 100%...Read more »
According to my bylaws I am allowed to replace her vacancy. But I am wondering if there is a law against that in California given the fact that her shares of stock are currently going to be transferred in ownership in Probate.
There's nothing to prohibit a shareholder vote to replace a director who is deceased, but keep in mind that the executor for the estate gets to vote the shares for the deceased shareholder in that election absent a binding voting agreement among shareholders.
My husband and I are trustees of a revocable trust. The owner of the trust has changed it three times, has had one trustee in 2003, had a falling out with that one, got another one in 2010 had a falling out with that one and now has my husband and I since 2017. Each time she gets a new trust at a... Read more »
To quitclaim an interest in property, you're giving up whatever interest the estate might have in the property, and in certain circumstances, that might be the right thing to do, but make sure you clear it with all of the beneficiaries of the estate to avoid future liability claims, preferably...Read more »
My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »
There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property...Read more »
My grandmother passed and left the deed, leaving the home to her son and nephew, unsigned. Since then her son has collected 12,000 from the teanats and has only payed 6000 toward the mortgage. Is this considered rent skimming or embezzlement? After one teant moved out he placed a lock on the room... Read more »
An unsigned deed does not convey legal title to property and does not qualify as a Will. A probate will be required to convey title from grandmother to her heirs at law, typically her children and quite possibly her son. Since her son does not have title to the property, he cannot evict a tenant...Read more »
As long as your parents’ trust is revocable, no one has the right to see their trust, not even their children. The only time that you have a right to see their trust is when that trust or a portion of that trust becomes irrevocable due to the death of a trustor, or you are entitled to...Read more »
Our mother passed away Nov, 2018 and our brother is the trustee. He and one of my sisters took everything out of the house and my sister and her family moved into the house. The trustee will not respond to any of the beneficiaries, except my sister living in the house. The attorney for the trust... Read more »
A trustee has a duty to keep you informed, a duty of loyalty to you, a duty to account to you, a duty to treat you fairly, and a duty to make trust assets income producing, along with a duty to fully and faithfully comply with the terms of the trust. Without knowing more, it sounds like this...Read more »
the assets were only in her name on the accounts and totaled less than 100k. he gave her power of attorney over his financial affairs six months prior to her death. she used most of her money to pay for his care for dementia for those six months. his money is still in accounts with both of their... Read more »
For jointly held bank accounts, they pass automatically to the surviving joint owners regardless of what her Will says. For her share of all other assets, they will pass to you as beneficiary under her Will (without probate with a small estate affidavit). Check with a probate lawyer if you’re...Read more »
If your mom is competent, she can simply send her nephew a letter informing him that his power of attorney has been revoked and then notify everyone that you’re aware of who is relying on that power of attorney that it has been revoked. If your mom is incompetent, call Adult Protective Services...Read more »
we are donating things to a museum and they need a letter that states the code that says we inherit automatically as the children . I just want to quote the code but can't find it. and your web site structure requires one to click on numbers to read the code and this system means i could be hunting... Read more »
Google the search term for California Probate Code 13100 to obtain a small estate affidavit form and pay attention to the rules set forth in that section before using the form. Please note that everyone entitled to the property as intestate heirs must sign the form, meaning all of the children in...Read more »
Grandmother did not have a will. My mother pre-deceased her. Property is being split between myself, my aunt, and my uncle. My aunt presently lives in the home, and intends to continue living in it. I have no interest in the property, and wish to yield my stake in it. However, her lawyer has... Read more »
You can absolutely refuse the gift from your grandmother. It’s called a qualified disclaimer if signed by you and delivered to the executor within 9 months of your grandmother ‘s death and you have accepted non of the benefits of ownership prior to the refusal. A qualified disclaimer is not...Read more »
My mother is 86 and in the early stages of dementia. My brother and sister live at my mom's house rent-free, but do little to care for her. They also are trustees of her living trust (which they coerced her to get) and will not show me that document. She needs many repairs to her house (sewer... Read more »
It depends on whether your power of attorney is durable, whether your authority under that power of attorney is effective immediately or only upon incapacity, and the express powers given to you. It also depends on whether that power of attorney remains effective or has been revoked.
No. Wills cannot be notarized in California. You have two choices: either two witnesses sign your Will in your presence at the same time that you sign it (a formal Will), or your Will is entirely in your handwriting (no witnesses; holographic).
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