Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ivette Santaella
3 Answers | Asked in Estate Planning and Probate for California on
Q: Lawyers hired by Probate Executor...

In will, the deceased named a non-family friend executor of will. The executor hired a law firm for probate.

Does the law firm have fiduciary responsibility to the Executor or to estate (beneficiaries of) ?

Does the family have recourse if they feel process (actions taken by the... Read more »

Ivette Santaella
Ivette Santaella answered on Aug 18, 2021

Hello,

Since the executor retained counsel, the counsel reports to the executor who represents the estate.

the family can retain their own counsel if they feel that the executor is not acting appropriately and can advise the court.

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: My stepdad passed away, he has a will. The estate lawyer wants to meet my mother to go over things, is that still needed

The lawyer wants to go over materials things, as well as discuss any contents my mother had with my stepdad while he was alive (verbal discussions); will that hurt her (in terms of what she will be getting)? She hasn't seen any copies of the will/trust and I am afraid what she says might do... Read more »

Ivette Santaella
Ivette Santaella answered on Aug 17, 2021

Hello, It will not be harmful, but helpful in getting your step dad's estate distributed. It is normal to have an attorney assist with the trust administration as there are many responsibilities for the successor Trustee.

View More Answers

3 Answers | Asked in Estate Planning for California on
Q: I had a sister who lived in California recently passed away. husband two sons . large estate . As half brother

Am I entitled to any part of the estate

Ivette Santaella
Ivette Santaella answered on Aug 13, 2021

Hello,

Only if it is outlined in her trust or Will. If you are a beneficiary you will hear from the Trustee of the trust or executor of the Will.

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: When a person die and had a trust set up with a Lawyer do the lawyer contact if you our part of trust in California
Ivette Santaella
Ivette Santaella answered on Aug 12, 2021

Hello,

Whoever is the named successor Trustee is tasked with advising you and providing you with a copy of the trust.

View More Answers

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Can I collected property from brother who is living and has signed will over to his stepson? Brothers wife is deceased.

Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.

Ivette Santaella
Ivette Santaella answered on Aug 10, 2021

Hello,

Only if he names you his agent in the DPOA. If he feels that they are abusing him he should contact adult protective services in Alaska.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.