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Questions Answered by James Edward Berge
1 Answer | Asked in Estate Planning for California on
Q: See more information below

I'm looking into a shared living trust with my wife to cover property we own in California, and have a number of particular questions:

1 - in a revocable shared living trust, is it the law in California that after BOTH the original grantors die that the trust must become irrevocable?... View More

James Edward Berge
James Edward Berge
answered on Jun 26, 2019

Yes, in a traditional revocable living trust created by husband and wife, the trust would become irrevocable and non-amendable upon the death of one or both of them depending on how the trust is structured, not as a matter of law or convention, rather because the right to revoke and amend a trust... View More

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for California on
Q: Can i be Admin/pttioner of Est & also file850 prbt code to quiet title? bcuz A home incld in estate is mine,not decedant

Is it ok to be Administrator of Estate if i have conflict with the decendant ownership to a property? This is whats going on....My uncle is the only living son and he figured this was an easy way to inherit something. By changing title to one of my properties into his mothers name who was dying.... View More

James Edward Berge
James Edward Berge
answered on Jun 16, 2019

In California, you can file a petition for the appointment of an independent administrator of the estate but you cannot be the administrator because you have a conflict of interest.

1 Answer | Asked in Probate for California on
Q: How do you "quiet title" and why or what is this good for? -going thru probate in los angeles
James Edward Berge
James Edward Berge
answered on Jun 14, 2019

To quiet title, you file a petition in the probate court to determine the true ownership of property and to remove title defects. The procedure is typically used when record title is incorrect and does not reflect the actual ownership of property. The statutory authority for the procedure can be... View More

2 Answers | Asked in Probate for California on
Q: Property in probate can everyone sign their right to one person if they want nothing to do with the property?

My grandfather passed away now the property is in probate the court have assigned a administrator which is my aunt. If all the heirs decide they do not want any thing to do with the property and want to sign their rights to just one heirs is that possible? My mom is one of this heirs they want to... View More

James Edward Berge
James Edward Berge
answered on Jun 9, 2019

Yes. An Assignment is a way to voluntarily transfer your interest in an estate to someone else where you get to pick the name of the assignee. A qualified Disclaimer is another way to voluntarily get rid of your interest in an estate but you cannot pick the name of the transferee. When a... View More

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