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Questions Answered by Carol A Fauerbach
3 Answers | Asked in Estate Planning for California on
Q: How do I make sure when my elderly father passes away that my sister doesn't take all of his assets and keep them
Carol A Fauerbach
Carol A Fauerbach answered on Sep 6, 2021

As long as your father is not incapacitated, an attorney can assist him in preparing a Will or Revocable Living Trust to allow him to designated how his property would be distributed if he were to pass away. Advance Health Care Directive and Durable Power of Attorney documents are also important... Read more »

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4 Answers | Asked in Estate Planning for California on
Q: Can my husband & I make changes to our living trust without using a lawyer, if our signatures are notarized? Thank you.
Carol A Fauerbach
Carol A Fauerbach answered on Apr 28, 2021

Although you and your husband can make changes to your trust, it is important to review the changes with an attorney to make sure that there are no unintended consequences, and to make sure that the changes are done in a manner that makes them legally effective and not likely to cause confusion or... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: Is my grandmother the sole mortgagee of the house now?

My grandfather passed away. He and my grandma were the two mortgagors (borrowers) to the home my grandma lives in now. The house is in CA a community property state, however the house is not paid off. What do we have to do to ensure she keeps the house.

Carol A Fauerbach
Carol A Fauerbach answered on Mar 3, 2021

She will need to continue to pay the mortgage payments. Depending upon how title was held on the house, probate may or may not be required. If your grandmother does not have an estate plan already in place and current, now is a good time to seek assistance from an estate planning attorney to... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: I'm in Calif. and I'm doing a Revocable Living Trust. My grown kids are Trustees. Do they have to sign this doc?

I'm confused about how many people need to be in front of my Notary Public. My wife and I as "Grantors" - OK .

My grown kids ??? Both of them are named in the document as Successor Trustees or just trustees. Please specify if all of need to be present in front of the Notary during the signing.

Carol A Fauerbach
Carol A Fauerbach answered on Mar 2, 2021

Typically only the Grantors and current Trustees need to sign. However, before signing a trust, be sure to review it with an attorney to ensure that it does what you need it to, and that there are no problems or unforeseen consequences. Keep in mind that most individuals also need other documents... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: WFB and BBVA Bank won't give me basic information on accounts. I am Executor of Estate and Successor Trustee of Trust.

My Friend was a CA resident and died on 2/4/2021. I have given them Death Cert. and Trust Cert. Accounts were in his individual name not in the trust. Why can't I get information from them?

Carol A Fauerbach
Carol A Fauerbach answered on Feb 27, 2021

Your powers as Trustee will not allow you to access information for accounts outside of the Trust. Your powers as Executor are only used for assets in the probate estate. A probate estate contains assets that are not owned by a trust, not jointly owned by another person who survived your friend,... Read more »

3 Answers | Asked in Estate Planning for California on
Q: How can I activate a Living Trust as Successor Trustee while the Settlor is still living, but has dementia?

I need advice and assistance in how to declare the Settlor incapacitated which the Trust allows for. Relatives are trying to remove him from his home, acting only in his name, and I need to have legal authority to provide for the Settlor's care and welfare under the Trust before they act.... Read more »

Carol A Fauerbach
Carol A Fauerbach answered on Feb 25, 2021

The first step is to review the terms of the trust to determine its instructions regarding incapacity and appointment of a successor trustee. The trust will also provide terms about the authority of the successor trustee. You should seek assistance from an attorney who works in trust... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: My uncle recently passed away and my sister & i live in his house and are both hiers to the estate.

Can the power of attorney evict us?

Carol A Fauerbach
Carol A Fauerbach answered on Mar 30, 2020

The power of attorney agent no longer has authority over your uncle's assets now that he has passed away. If the house or other assets are in a trust, the trustee has control of the property. Otherwise, the probate court will appoint an executor or administrator to administer your uncle's estate.

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4 Answers | Asked in Estate Planning for California on
Q: For listing assets in a trust, how specific does it have to be? Can I list "Chase Bank account"? Whole account number?
Carol A Fauerbach
Carol A Fauerbach answered on Mar 20, 2020

The name and location of the bank account is helpful to show you specific intent to move the asset into the trust, but you should not include the entire account number. The last 4 digits are typically sufficient. Check with an attorney before including any retirement accounts in your trust.... Read more »

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4 Answers | Asked in Probate for California on
Q: My mother-in-law recently passed away aren’t gifts she received during life her personal property?

Now the kids are asking for what they gave her back my husband is successor trustee I told him the items belong to her and that if nothing is identified to go back to any specific person, that they will have to follow what the trust says in order to disburse it

Carol A Fauerbach
Carol A Fauerbach answered on Feb 26, 2020

You are correct that any property given to her as a gift is her personal property and will have to be distributed based upon the terms of the trust. The law has very specific requirements as to what the trustee is required to do, including notice, accounting, and other steps. Your husband should... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: I live in California. I am disabled. If Both parents pass without a will., Will I inherit their homes automatically?
Carol A Fauerbach
Carol A Fauerbach answered on Jun 12, 2019

Not necessarily. If there is real estate involved and the homes have not been placed in a trust, are not jointly owned by you, and you are not a transfer on death beneficiary, then you will have to go though the Probate Court which will decide how the property is distributed. If you are the sole... Read more »

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2 Answers | Asked in Probate for California on
Q: Wife is executor and sole beneficiary of her mother. Probate almost completed, deeds being transfered. Only thing NOT

Only thing left is transfer of her mothers 2 bank accounts. Here is problem. My wife is stage 4 lung cancer, very near death and unable to complete the transfer. Can a new executor of her mothers will be appointed (there is noone else in family) or better to wait until my wife passes. Oh, and we... Read more »

Carol A Fauerbach
Carol A Fauerbach answered on Jan 16, 2019

If there is an attorney handling the probate of your wife's mother's estate, they should be able to petition the court to appoint a new executor. If there is no attorney, you should seek the assistance of an attorney to help you in requesting the appointment of a new executor who can... Read more »

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2 Answers | Asked in Probate for California on
Q: My father died 7 years ago. How do I find out if the Estate was probated or not?

I was sent a letter from the lawyer asking if I wanted $50k instead of waiting 18.5 years until Executor dies. How do I know if I was suppose to receive my inheritance (feasibly more than $50k) years ago?

Carol A Fauerbach
Carol A Fauerbach answered on Jan 3, 2019

If the estate was probated, you should contact the probate court where your father lived when he passed away to see if a probate was opened and, if so, if and how property was distributed. Depending upon the county, some of this information may be online. Otherwise, you will need to go to the... Read more »

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4 Answers | Asked in Probate for California on
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?
Carol A Fauerbach
Carol A Fauerbach answered on Nov 26, 2018

The answer depends upon how the title is currently held, if the property was owned by a trust or was his separate property, if he had a will, and various other factors. The short answer is likely yes, but there may be a way to handle it less expensively and quicker that does not require a full... Read more »

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2 Answers | Asked in Probate for California on
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

Carol A Fauerbach
Carol A Fauerbach answered on Oct 15, 2018

In California, if an estate has a value of over $150,000, probate is required. Given that there is a house, furnishings and bank account, the value is very likely over this amount and the executor is required by law to probate the estate. Part of the probate process includes and inventory and... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: When is a trust preferable over a will?
Carol A Fauerbach
Carol A Fauerbach answered on Oct 13, 2018

Both a will and a trust have their purpose, and an estate plan often contains both. Administration of an estate through a trust is typically cheaper and quicker for the beneficiaries to receive their distribution. Trust administration typically does not involve the court and therefore is more... Read more »

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1 Answer | Asked in Family Law and Elder Law for California on
Q: How to become my moms legal Gaurdian at her request am already her dopa

Am her rep payee durable power advance directive is there a simple fast way to do this in court since she is asking me to do thia for her shes 71years old ssa labels her incompetent

Carol A Fauerbach
Carol A Fauerbach answered on Oct 12, 2018

A "legal guardian" for an adult is referred to as a conservator. If your mom has already designed you as her agent through a durable power of attorney and advanced healthcare directive, and these documents are sufficient to allow you to handle her finances and make medical decisions on... Read more »

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