All original Wills get lodged (filed) with the Court separately from the Petition. Only original Wills, not certified Wills or copies of Wills. Once lodged, your Petition can reference the date of the filing with the Court.

There is no penalty for the late filing of the Will. However, if... View More

Since your father passed away before 2/15/2021, you should qualify for the parent to child reassessment exemption under California Prop 13/58 regardless of whether this is your principal residence, a second home, rental home, or commercial property. The homeowner exemption merely reduces your... View More

If the trust is the owner of real estate, you might find an affidavit of death of trustee filed in the local recorder’s office for the county where the land is situated. You might also find an original Will of the deceased trustor located in the court clerk’s office for the county in which the... View More

Definitely, except it’s called a conservator of the person. You can manage the finances and she can handle the healthcare, personal care and long-term care.

Yes, you’re entitled to a copy of the trust agreement. Google search California Probate Code section 16061.7 to see what you’re entitled to. Make sure the trustee is aware of this code section. Failure to abide by this rule could result in suspension of her powers, and her removal as... View More

You can destroy it, but the better practice is to revoke it in writing by another amendment and to reaffirm the original trust agreement to avoid arguments that the amendment was not revoked it was merely lost.

Yes, if you were appointed to be the executor of an estate, you would omit any assets from the estate inventory that pass by some other means, such as by right of survivorship or by beneficiary designation or by spousal property petition. You’re not eligible to file a petition to determine... View More

Nothing. If she was the borrower, she’s still the borrower. If the house was the collateral, the house is still the collateral. There’s not even the need to inform the lender of the borrower’s death. Just keep the loan paid current and everything will be just fine.

You need to read the trust agreement. Look for the definition of incapacity. Upon the incapacity of the settlor-trustee, if you are named as the next trustee, prove the settlor is incapacitated using the definition of incapacity. Frequently incapacity must be proven by a sworn affidavit of at... View More

If the DPA permits it, then yes, the DPA can make reasonable inquiries of the trustee about the trust administration. Get a copy of the DPA and read it. Look for name of principal, name of agent, effective date (some are only effective upon the incapacity of the principal, and the powers... View More

Yes. You must prepare a petition, file it, pay the court filing fee, request the appointment of a probate referee, and pay their fee, before you can get the court order that you desire.

No, that’s not normal. Yes, you should consider changing attorneys. Give my office a call and we can explore your options.

I agree with Nina on her response regarding your loan.

As far as who gets your father's 1/3 share of the house, that will depend on whether he had a last Will or not. If he had a last Will, his 1/3 share will pass to the beneficiaries named under that Will but only after your obtain a... View More

If the executor, administrator or personal representative waives their right to statutory fees, that simply increases the amount passing to the remainder beneficiaries of the estate (less expense, more money for the beneficiaries).

In California, under the laws of intestacy, when a married person dies survived by a spouse and 1 child, the spouse takes 1/2 of the separate property and the child takes 1/2. When a married person dies survived by a spouse and 2+ children, the spouse takes 1/3 of the separate property and the... View More

In a community property state, such as California, the house will receive a step up in its cost basis from acquisition cost to its fair market value when the first spouse dies. When you sell the property, you’ll only pay capital gains tax on the difference between the net sales price received... View More

When son died, the property most likely received a step up in cost basis for income tax reporting purposes to its then fair market value as of son’s date of death, which means there would be no capital gains tax payable on the proceeds of sale up to the property’s new fair market value cost... View More

If a trust amendment has not been signed by the trustor or an agent acting on behalf of the trustor under a power of attorney before the death of the trustor, it is ineffective.

If he didn’t sign the amendment, it’s ineffective. It doesn’t need to be notarized, but it does need to be signed by the trustmaker. Sorry to be the bearer of bad news, but to tell you otherwise is just wishful thinking.

It's true. The words "under penalty of perjury" were not required in 1968, but the probate examiner is also correct (at least they are interpreting the rules these days): to be a self-proving Will, the magic words must appear in the witness attestation clause, or you'll have to... View More