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Questions Answered by Ernest Charles Payne Jr
2 Answers | Asked in Contracts, Estate Planning and Probate for California on
Q: My dad died before he signed amended trust, even though confirmed with estate planner, during covid?

My Dad received amended copy of his living trust 3 days before he died and had not signed them. He did contact estate attorney and confirmed draft. I don't believe signing them was exclusive, but I do know that my dad would want his last wishes honored. I know there must be mitigating... Read more »

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Nov 13, 2020

CA Probate Code 15206. The settlor (your father) must have signed the trust amendment for it to be valid and enforceable. There is no exception for Covid. Sorry.

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1 Answer | Asked in Business Law for California on
Q: I left a pest control company about 15 months ago. That company has been sold to a very big company.

I have, since I left that company, started my own company and I am ready to do business as a sole proprietor under my own operators license. How long do I have to wait until I can legally solicit the clients from my old route/ company? Thank you.

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Nov 11, 2020

If you signed a non-compete agreement with your prior employment, the term would be spelled out in that contract. Those agreements must be limited in scope and duration, and specific as to those parameters. If you didn’t sign any such agreement, then you may solicit whomever you wish, as long... Read more »

1 Answer | Asked in Probate for California on
Q: Question regards to probate asset inventory, attorney fees, engagement with a laywer no Will, no living trust, Dad CA

-My father deceseased in CA. he has no Power of Attorney, no Will and no Living Trust

- My dad didn't tell me if he named me as beneficiary on his IRA accounts. Fidelity and Vanguard delcined to answer beneficiary question due to now POA.

-How will probate referee will... Read more »

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Nov 6, 2020

Power of attorney issue is irrelevant. It terminates upon the death of the principal.

The probate code lists who the beneficiaries are under intestate succession (when the decedent passes without a will).

Any account (bank, retirement, life insurance, etc) with a listed beneficiary...
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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: Can a husband leave real estate to an adult child instead of his spouse so it can be sold without capital gains taxes?
Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Oct 31, 2020

If the husband owns the house as his sole and separate property, he can leave it to whomever he chooses. If the house is community property with his wife, then he can leave his half to whomever he wants. The wife can leave her half to the son or whomever else she chooses.

As my...
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1 Answer | Asked in Probate for California on
Q: If you sign as a witness on a trust or will do you have the right to obtain a copy of what you legally signed ?

Yes. I am listed as a beneficiary for sure but don't know if its from insurance or retirement fund.

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Oct 28, 2020

In CA, a will must be witnessed. A trust does not need to be witnessed. You have no entitlement under the probate code to copies of either document merely because you signed it as a witness. You must have either a pecuniary interest (you are a beneficiary) or some duty (eg. Executor of the will or... Read more »

1 Answer | Asked in Probate for California on
Q: If you are have a medical POA for your father is that the same as a financial POA or does that make you the executor
Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Oct 28, 2020

They are three different things. The person listed on the advance directive (medical POA) may or may not be the attorney in fact for the financial POA. Moreover, those documents are no longer effective upon the death of the person who executed them. Executor refers to a person designated under a... Read more »

2 Answers | Asked in Probate for California on
Q: Can a son of a deceased person appoint himself as an executor of a pour over will in state of ca?

We dont know who the executor was since the will and all legal doc were stolen by his son

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Oct 28, 2020

The pour over will should designate an executor. Moreover, the fact that it is a “pour over” will means there is a trust, so probate, and hence the executor duties, may not be necessary. Who is the executor of the will and trustee of the trust? They are frequently the same person.

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