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Questions Answered by Genene N. Dunn
3 Answers | Asked in Estate Planning for California on
Q: There are two executors for my family's estate, one of them is dragging the situation.

Executor 1 is billing the estate whenever she is taking flights and purchasing other things. The whole family can not see how much she is charging the estate. The attorney for the estate is really only working with her and not to the wishes of our relative who has passed. Executor 2 is being kept... Read more »

Genene N. Dunn
Genene N. Dunn answered on Jul 1, 2020

The beneficiaries are absolutely entitled to an accounting. If the executor is not giving information on funds you can demand an accounting and if one is not presented or if the trustee is causing the administration to stall then a beneficiary or cotrustee can petition the court to remove the... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Hello my brother just past away. It was just me and him as children of our parents

Hello my brother just passed away we were the only 2 children. My parents passed away with no will before my brother passed away we had an attorney start a probate to divide my parents been property between us 2 but my brother passed before it was completed still in process. Now do I divide it with... Read more »

Genene N. Dunn
Genene N. Dunn answered on Jun 29, 2020

You will have to petition to take over your parents' estate. Then their estate will distribute your brother's share to his estate since he survived his parents. The there would have to be a probate for your brother's estate that would go to his children assuming he was not married.

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3 Answers | Asked in Estate Planning for California on
Q: How can my mother can remove her husband as executor for her individual trust and designate me instead?

My mother has had her husband (my stepfather) as the executor to her individual trust for 30 years, but due to his dementia he is unable to handle the responsibility after her death. When I use the word executor I'm referring to the person who will manage my mom's trust and assets after... Read more »

Genene N. Dunn
Genene N. Dunn answered on Jun 23, 2020

It depends on if it is just her trust or her trust and his trust. If it is their trust together then they probably need to do an amendment if they have the capacity to do so. Also, they can just sign a resignation of trustee if they have the capacity to do so. If they do not have capacity, then you... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: In which California county do I file the Affidavit of Death of Trustee?

My dad's living trust was created in San Mateo county, and one piece of real estate in the trust is in San Francisco county. My dad passed away and I am the trustee and I live in Sacramento county.

Genene N. Dunn
Genene N. Dunn answered on Jun 16, 2020

You would record the affidavit of death in San Mateo county where the property is. You do not have to file it with the court if the deed was in the trust and you are only filing an affidavit of death. That gets recorded with the county recorder.

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3 Answers | Asked in Estate Planning for California on
Q: What happens when some of the executors of a will/trust do not distribute money in accordance to the will/trust?

What happens if executors do not follow the wishes of the deceased that was clearly laid out in the will / trust? Meaning some folks got less when the will / trust clearly stated all to be divided equally.

Help me please

Thank you

Genene N. Dunn
Genene N. Dunn answered on Jun 15, 2020

All beneficiaries have a right to a full accounting which should show all assets and values held by the trust or estate, all money that came in, and all money that went out. If the accounting shows a disparity then you can file a petition against the trustee or object to the accounting. You can... Read more »

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3 Answers | Asked in Probate for California on
Q: Dad left house to me & my brother. My brother died & my my dad died 1 week later. Do i get the house or split w his son?

My dad did leave my brothers son money. But the house was instructed specifically to me and my brother to split but my dad died just one week after my brother and didn’t have time to amend the will. He said the house is all mine? Does my nephew have claim to the house?

Genene N. Dunn
Genene N. Dunn answered on May 4, 2020

This all is determined by what the will says. It should say what happens if a beneficiary predeceases the decedent. It might also have a survivorship requirement in it.

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2 Answers | Asked in Probate for California on
Q: My grandmother passed away over a year ago and my mother didn't put the estate through probate and she recently passed

My grandma's will says if her children are deceased the home goes to her grandchildren but my mom's husband is tying to take the house. My mom never put the house in her name... will me and my siblings inherit the home or does he have rights?

Genene N. Dunn
Genene N. Dunn answered on Mar 30, 2020

Even though your mother has passed, she still survived your grandmother. This means that your grandmother's assets would go to your mother's estate. However, inheritance is considered separate property and should not automatically go to your mother's husband. He might get a portion... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: It's been over 11 years since our attorney started probate, but he won't finish. What remedy do I have? Trapped in CA.

It appears that he has completed almost all the steps, but won't complete the petition for distribution.

Genene N. Dunn
Genene N. Dunn answered on Mar 16, 2020

You should be able to terminate the representation and get a new lawyer. Or get a new lawyer on your own and that lawyer could ask your previous attorney to sign a substitution of attorney. If it has been 11 years then I highly doubt your current attorney even wants to keep the case and would... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Per California law, does my sister have to complete an advance directive at the same time she signs a power of attorney?

My sister is in a skilled nursing facility for rehabilitation due to a stroke she had in July 2019. I've been trying to work with the nursing home to have her sign a power of attorney. The administrator of the facility is telling me she has to do both a power of attorney and an advance... Read more »

Genene N. Dunn
Genene N. Dunn answered on Feb 24, 2020

You are not required to get both signed. However, an advance healthcare directive is the document that will give someone the authority to handle the medical affairs of another. It could be that the nursing facility is looking for authority from a family member to discuss the details of your... Read more »

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3 Answers | Asked in Probate for California on
Q: Have a question about probate

My parents died without a will they had a house in their name children was just me and my brother he just passed. We started probate but didn't get to complete it and put house in mine and my brothers name yet. He is survived by a wife he hasn't been with for 15 years and 2 children? He... Read more »

Genene N. Dunn
Genene N. Dunn answered on Feb 20, 2020

Since he survived your parents, his share will most likely go to his estate. It should not affect your parents' probate as you will distribute to his estate rather than him. However, someone will need to open probate for his estate to be able to receive the inheritance from your parents' probate.

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1 Answer | Asked in Probate for California on
Q: How to know if a probate and willl are reall

I have the both copys of the will and the probate and the bank can some one help me

Genene N. Dunn
Genene N. Dunn answered on Feb 18, 2020

If you are talking about probate forms needed for the bank to approve, then you most likely need a certified copy of your letters. It depends what you are trying to do.

2 Answers | Asked in Probate for California on
Q: My stepmother was the sole beneficiary of my father’s estate and was appointed personal representative so she gets it

And I get nothing? As it went to probate and I received a letter because I’m an heir?

Genene N. Dunn
Genene N. Dunn answered on Feb 18, 2020

If the property was community property then it is possible that it all goes to his wife. You may have only gotten notice because you are an heir.

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2 Answers | Asked in Probate for California on
Q: Can a personal representative appointed to an estate do what they want with the estate being left to him or her?
Genene N. Dunn
Genene N. Dunn answered on Feb 18, 2020

There are certain things a personal representative can do without court involvement. It also depends on what kind of authority was granted to the personal representative. However, the personal representative will have to answer for everything they did at the end of the process when the accounting... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: My Brother change my parents living trust to a corrective deed of trust. I need to know if this was legal.

My father and mother had a living trust written up in 2004. My dad passed away in June of 2010 my mother remained alive and then passed away in september of 2019. There are six children who are the beneficiaries my oldest brother is the trustee/beneficiary. After my mom passed the trust was never... Read more »

Genene N. Dunn
Genene N. Dunn answered on Feb 18, 2020

You would have to explain better what documents were done on the title to the house. You would want to look at the entire chain of title and compare to the trust documents. If there is real property you should have a right to see any trust or will of your parents' that existed.

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2 Answers | Asked in Probate for California on
Q: Is it a law in California that the executor of a trust must account for a beneficiaries portion to said beneficiary?

if my aunt is executor of my mom's will, does she have to account for my portion of the trust, or money when i ask for it? is it the law?

Genene N. Dunn
Genene N. Dunn answered on Feb 11, 2020

For a trust, a trustee is required to do a full accounting for all beneficiaries. However, this is usually not due until 1 year after date of death. There are other things that can be provided by reasonable request by a beneficiary.

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2 Answers | Asked in Probate for California on
Q: Do the object/consent signatures on the Notice of Proposed Action forms need to be notarized?

I have been granted full authority to administer my mother’s estate without court supervision under the California Independent Administration of Estates Act. I need to sell a small plot of land prior to final distribution of the estate. Do the object/consent signatures on the Notice of Proposed... Read more »

Genene N. Dunn
Genene N. Dunn answered on Feb 11, 2020

There is no notarization required. They simply sign the objection or consent. Or, if nothing it signed it is presumed as a consent

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1 Answer | Asked in Probate for California on
Q: We have attached the bond waiver to DE-111, but it keeps getting sent back not filed. No will.

Is the waiver of bond necessary when there is only 1 person who is the beneficiary.

Genene N. Dunn
Genene N. Dunn answered on Feb 10, 2020

You should be getting an explanation for why your petition is getting rejected. I have never seen a petition get rejected because of the bond waiver. I would guess your petition has missing information and/or unchecked boxes or inconsistencies.

2 Answers | Asked in Estate Planning for California on
Q: Will and estate

I have a written will and power of attorney for health care and finacial . my aunt has to daughters that she was estranged from and have not had contact with her for over 6 years. Now that she has passed they now wait a copy of the power of attorney saying not that I forced her to write the will... Read more »

Genene N. Dunn
Genene N. Dunn answered on Feb 10, 2020

A power of attorney becomes invalid when the principal dies. Therefore, the power of attorney typically has nothing to do with a will and does not matter after someone has passed away. However, it does depend on what they are asserting and why they claim they are entitled to a copy of it.

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2 Answers | Asked in Probate for California on
Q: Can an executor of a trust allow a beneficiary to live in one of the trust properties rent free indefinitely?

3 beneficiaries. 5 homes to be sold. One beneficiary has been living in one of the homes for years. He wants to stay in it and have it not sold by trust. But rent free. How do we make this fair to the other 2 beneficiaries? He wants us to wait on selling it for a few years. Shouldn't... Read more »

Genene N. Dunn
Genene N. Dunn answered on Dec 30, 2019

Typically no, the trustee should be collecting rent. A trustee has a fiduciary duty that is owed to all beneficiaries. If all beneficiaries have an interest in all property held in the trust, then rent should be collected at fair market value or the property sold within a reasonable amount of time.... Read more »

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2 Answers | Asked in Probate for California on
Q: Who exactly can be named executor of an elderly man who has deceased with no will?

I have a relative in the Los Angeles county that recently died without a will. If he doesn't have any spouse, children, or siblings, who can be named Administrator of Estate?

The court supposedly appointed someone who claims to be his half brother, but my deceased relative was never... Read more »

Genene N. Dunn
Genene N. Dunn answered on Dec 17, 2019

There is a priority of who can serve as administrator. With no children, spouse, or siblings (and I am assuming no parents), it is next of kin. You can petition to remove an administrator as well. Especially if there was fraud involved for relationship.

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