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 »
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 »
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.
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.
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 »
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?
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?
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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.
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 »
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.
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 »
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.
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 »
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 »
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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