You should consult with an attorney near you for advice. If your father had no will or trust, then there is a possibility that you are a beneficiary to a portion of his estate. Under California's law of intestacy, the community property will pass to the surviving spouse, and any...View More
An executor is the person who will administer a will through probate. A trustee is who will administer the trust. There is no restriction on who can serve as trustee, and an executor of the estate does not have to be a resident of California.
If the estate is going through probate and a...View More
Attorney prepared Memorandum of Trust with original Declaration of Trust in 2001. Trust was restated in 2013 (but not the Memorandum). I would like to have Document to give to financial institutions so as to not have to fill out a new Certification for each one.
If there has been a change in the trust name, or a change in the trustee, you will likely need a new certification off trust. The attorney who assisted you should be able to prepare it fairly easily. The other option is to complete whatever certification forms provided by the financial...View More
With three witnesses signatures as well. In the will she left everything to me. I have four siblings and no one will contest. The will was not notarized. With these documents can I get on title immediately.
You will need to probate the will before you can take title to the property. The procedure involves preparing and filing a petition for probate, having the will admitted to probate and getting someone (you, or whoever is named as executor) appointed to administer the estate. From that point on,...View More
There should be only one probate of the estate. If two have been opened, one will have to be closed. Usually, the first to file should continue, assuming that it was filed in the correct jurisdiction, and if there is a battle over which of the two of you should proceed to administer the estate,...View More
Executor and myself are the beneficiaries, probate assets are all liquidated and in the estate acct. The court can be petitioned close probate as of May 1, 2018. Payments/fees left to come out of the estate are capital gains on the house sale, court referee fee, legal and executor fees. Executor... View More
There does not seem to be any need to delay closing the estate for that long. The executor will have to file a final fiduciary income tax return, and may have income taxes to pay, and will likely incur expenses to do so. If the final return has already been filed, though, then there is no need to...View More
We have a living trust of which I am the sole beneficiary. She has Medi-Cal and is staying in a care center. Her share of cost and rent on her mobile home space is barely covered by her pension. I may need to sell the home but want to avoid Medi-Cal recovery. She objects to selling anything, she... View More
You should consult with an experienced elder law attorney, one who has expertise in Medi-Cal planning and Medi-Cal recovery. The rules are complex, and you could easily take a well-intentioned step that could disqualify your aunt from benefits.
The specific terms of the decedent's Will should control, and any ambiguity will have to be resolved by the court. Since the estate includes real property, it is very likely that a probate administration will be required. You should consider consulting with an experienced probate attorney...View More
Generally, you do not have any right to know how your mother's estate plan is structured. But, if you suspect that your sister has taken advantage of your mother, or has exercised undue influence over her to get her estate plan changed, then you may want to consult with an experienced trusts...View More
If your mother stole the $6,000 that was to be distributed to you, then you may have a claim against her and you could file suit to enforce your rights. There are a number of potential complications that you would want to discuss with an attorney, including how your mother received the money on...View More
Prior to my father's death I had borrowed money from him. He stated in his will this must be paid back. My question is do I pay back the estate and then the proceeds would be divided equally between siblings or does my amount owed come out of my portion of the inheritance? As you can see it... View More
You should follow what the will says to do. Generally, though, the money you owe to your father is an asset of the estate and its value should be included when determining the total that is to be divided among the beneficiaries. When your share is calculated, the debt could be allocated to your...View More
How long a probate administration takes to complete depends on how complex the assets are, how difficult it is to gather them into the estate, whether there are any creditors who have claims against the estate and whether those claims turn into litigation to resolve, and a number of other factors....View More
The trust should specify how the assets are to be distributed, and a well-drafted trust takes into account the possibility that the named beneficiaries are not alive when the settlor (your mother) dies. Some are prepared so that the deceased beneficiary's share would pass to his own children...View More
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