Questions Answered by Genene N. Dunn
Q: My brother died 4/2019 his wife POA there is a living trust and will wife refuse to share with his family. Options avail
My brother left 3 kids, grandkids, mother. Property joint ownership with wife. Wife not cooperatve with my family. My brother verbally expressed before his passing that his family would be taking care of.
The wife's rights depends on her relationship to the other family members mentioned (are they her kids too?). Also, it depends on whether his assets were community property assets or separate property assets and what the trust says. If the children are adults, they will have more rights as you as a... Read more »
Q: There was trust. House and IRA's. Two siblings got IRA's. Two divided house. Quitclaim deed. When one dies?
Do siblings get half or does one get all ownership?
Each owner of an IRA gets to choose who the beneficiary is on that account upon the account holder's death. The distribution of the house depends on how they hold title. If in joint tenancy between the siblings then the other would get the entire property upon the first death. If they hold as... Read more »
Q: my dad had no will , no wife am i entitled to his 2,3 million dollar estate?
my parents were divorced but friends they own two houses on the same lot she lived in the front house he in the back she was power of attorney before he died and now she is telling myself, brother and sister she is beneficiary to all his bank accounts and stocks, and cashed all the stocks in and... Read more »
Your dad could have put her as a beneficiary on accounts. It depends on when he would have done that to determine if that would be a valid designation. However, for the real property you probably have more rights if there were no will or trust and only he was on title.
Q: How do i become a payee on a trust account for a friend who is aasking for help
If you are asking how you get on a trust account at a bank, you generally have to be a trustee in order to be on a trust account. There are many different options if the current trustee needs help that an attorney can assist with.
Q: Could irrevocable trust from California by dissolved or amended in this example?
Trust A is generation skipping. Trust B is divided amongst children. Standard HEMS. Otherwise beneficiaries cannot take out money, only what trust generates. Each settlor is deceased, one very recently and he hadn’t been of sound mind for years. Trust was made when tax exempt rate was $600,000.... Read more »
Yes, a trust can be set aside if you can show the court that all beneficiaries agree or that circumstances have changed according to Probate Code Section 15409. The courts are getting tons of these petitions now with the higher exemption and older trusts that planned for a low exemption amount. It... Read more »
Q: My father passed and his ex-wife just wants to get her name off the title & I'm the only sibling how should I do this?
My father had no will and the ex-wife want's nothing to do with the property how do I go about getting her name off the title? Do I need to go through probate court? Or what kind of attorney would handle type of situation?
It depends exactly how the deed reads. Most likely it will be pretty straightforward for the ex-wife to get off title as long as she continues to cooperate. If she changes her mind about signing off her interest then you might have to dig a little deeper on the divorce and file documents in... Read more »
Q: The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc.
The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc. An accounting with hard numbers was sent after one year and after repeated requests with no back-up. She has ignored all requests. I believe she allowed the real property in the... Read more »
You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking... Read more »
Q: My wife recently passed away intestate . One separate property, home valued at 1.2 M Assume I will inherit ?
We had no children . She has two siblings . Also one brokerage account about 800K is her separate property.
All other assets either community property or joint tenancy.
If the property truly is separate property you should still have some kind of interest in it assuming there was no estate planning done at all. Most likely her assets will have to be probated and your interest will get sorted out through that process. If all these things apply, then most likely you... Read more »
Q: If a suicide note states that everything is to be given to a specified non-relative, can it be contested?
Recently a friend of my husband and I attempted suicide and is currently in the hospital in the ICU in California. He left suicide notes with his instructions on where he wants his stuff to go. He specifically and verbally declared he doesn't want his parents to get anything. He has been estranged... Read more »
A suicide can serve as a holographic will depending on the context of the note itself. I have had 2 suicide notes that have been held up as valid wills. Unfortunately your husband's rights will most likely be limited as long as he is alive as his parents are still considered his heirs. It all... Read more »
Q: Do I need to use probate in my situation ? in California.
My situation: Wife of 9.5 years passed away due to cancer. We bought property during our marriage, but chose to put the title only under her name, because of credit concern at the time of purchase. We were foolish to think one of us would die so early and did NOT make an official will. I have... Read more »
If title is only under her name but the property was bought during marriage using community property funds then you would most likely be able to file a spousal property petition to get the property transferred. It does not require the full probate procedure, but still some court interaction.
Q: My father passed a few years back and left no will behind. What kind of lawyer do I speak to about putting my siblings
own as owners. Not that his daughter from his 2nd marriage has been taken in payments from renting the house out. She sent a letter to my current address stating that my siblings agreed to give the house which was a false fact since we had no contact with her. What type of lawyer do I contact?
You need a probate or trust administration attorney. If there was no will, then the law says who will get the house and it will have to go through the probate court process to be transferred. It depends on how he held title to the property as well and if someone else was on title with him.
Q: My late husband had a parcel of land in El Dorado County that we never bothered to put my name on. Must I probate it?
Most likely yes, but you can probably avoid a full probate. There are other options to a full probate that a spouse can file or other heirs depending on the value of the property.
Q: I am in probate and am executor of my brother's estate. When I list non-cash items, do I include items that are not in
probate? I was made beneficiary of his 401K, and we were joint owners of a condo. Do I list these items anywhere?
No, you only have to list assets that are going through probate. If you held the condo as joint tenants then you should have right of survivorship which means it doesn't have to go through probate. If you were tenants in common then his portion will have to go through probate.
Q: Will I receive any formal notification if my minor children are beneficiaries of a Trust? I received only word of this.
My mother-in-law sent a note that my minor children are named as beneficiaries of her late father's Trust, and are to receive a cash gift when they are 25. She is refusing to send a copy of said Trust, saying "due to the management of and regarding the investment portfolios involved, and the... Read more »
In California, all beneficiaries have a right to a copy of a trust once it becomes irrevocable. She cannot deny a copy of the trust. It is a bit complicated since your children are minors, but if taken to court there is no judge who would not require a copy of the trust to be provided.
Q: Executor sold house and entire furnishings. Right now there is only a bank account. Nothing has been presented to heirs
There is last will and testament. Executor has been procrastinating now for 9 months. Executor has decided not to probate. Can the 3 other heirs demand a complete inventory of all incomes and expenditures from the estate without going to probate. Or is probate needed to get this info. Thankyou
If there was only a will and no trust and there was real property involved then most likely the executor would have to get appointed by the court before they would have the proper authority to sell the property. If there was a trust then there might not be a required court process. In any event,... Read more »
Q: Can an alleged verbal agreement override the terms of a written trust in California?
In California, if there is a written trust that specifies distributions to the beneficiaries, after the grantor's death can the successor trustee alter the amounts based upon an alleged verbal dictate made by the grantor before death? There are no provisions in the trust that allow this.
The trustee must act according to the terms of the trust. Absent anything in writing, the trustee cannot honor what was verbally stated before grantors life.
Q: my friend who i lived with for 14 years died he left his house to me in a will and a transfer on death deed. Now his
family says its theirs. what do i do
You can submit the will to probate and the family would have to fight it.
Q: Before final distribution is made can I as a benificiary request an audit/Accounting of the trust?
If so, what exactly can I request?
Payments made, all account totals, total assets? If I feel it is not accurate or something is not adding up , what can I do? Thank you in advance.
Yes. If you are a beneficiary of an irrevocable trust you have the right to a full accounting which should show you the starting value of all assets, all transactions that occurred during administration, and the ending balance left to distribute.
Q: If it states inherites 1/3 of estate what does that mean exactly?
My brother and I will share in certain assets of my dad's estate. There are certain things only to us but he had a 2nd wife and it states on other assets she will share1/3 of his estate what does that mean exactly?
Most likely this means that all other assets that are not specified or outside the trust will go with 1/3 to her.
Q: Can a final distribution petition be amended or withdrawn (temporarily) before the court hearing?
My siblings and I listed in the distribution petition that we would each receive a 25% interest in our father's home, the court hearing is 2 months away. We have since received an offer on the house and have been told we can not sell it until after the hearing since we are all to receive ownership... Read more »
You should be able to amend your petition with a supplement. It depends what kind of authority the administrator has to answer the question on selling the property.
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.
