If the trust sells the asset prior to distribution to beneficiaries, the trust reports the capital gain or loss and pays the tax, unless the sale occurs in the final year of the trust, in which case, the capital gain or loss is reported to each of the individual beneficiaries on a separate IRS Form... View More

Unless the court order which established the conservatorship prohibits the conservatee from marrying, the conservatee has the absolute right to marry without seeking permission from anyone. Despite the marriage, the conservatorship continues until the court orders otherwise.

No. If property is held in joint tenancy or tenants in common or community property (any form of joint ownership), all owners must agree on the sale of the property. If your father has dementia and cannot act for himself, it's certainly possible that he may have previously authorized someone... View More

In general, you file in the county probate court wherein the decedent resided at the time of death, and not where the executor resides, but in cases where the decedent resided outside of California at the time of death but owned real property located within the State of California, you would file... View More

The new bank becomes the new cotrustee.

Nina is right of course, but the answer is even simpler. Your brother’s debts are not your debts. His debts are also not your mother’s debts or debts of her trust. Presumably you are entitled to one half of your mother’s trust after her debts have been paid, and your brother is entitled to... View More

I agree with the answers posted by the previous attorneys. You should also know that the trustee's attorney works for the trustee and not the trust or the beneficiaries. The attorney-client privilege exists with respect to confidential communications between them, including emails and other... View More

The Will confers no rights to your friend in the house until his mom dies. Until then, the house may be the only financial resource the mom has to take care of her needs. A sale of the home may be necessary under the circumstances, but it can only be done by an agent acting on mom’s behalf... View More

With full authority under the IAEA, you have the authority to sign a deed in connection with a sale transaction assuming you have the consent of all beneficiaries, but not the authority to make a distribution of the estate without court approval. If you do not have the consent of all... View More

It's still not too late to file the original Will with the Santa Clara County Superior Court at 191 N. First Street, in San Jose.

The statute says 30 days but there is no penalty for failure to file within that time. You said that someone from the city informed you. Perhaps you went... View 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... View 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... View 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... View 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%... View More

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.

If she makes a change to a trust and expects it to have a binding effect on the trustee, she must inform the trustee of the change and the trustee needs to sign off on the change.

If she makes a change to a trust which changes the trustee, no notice is required to make the change, but once... View 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... View 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... View 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... View 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... View More