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Questions Answered by Barry L. Adams

1 Answer | Asked in Estate Planning for California on

Q: As a benifaciary of a trust do I have any recourse if another benifaciary refuses to sign release that will close trust?

One benifaciary refuses to sign release of liability when ask why she says that trustees made mistakes but will not provide proof or say what she thinks the mistakes are

Barry L. Adams answered on Feb 22, 2016

Under California law, a beneficiary cannot be forced to sign a release of the trustee. Therefore, I don't see that you would have any recourse against the co-beneficiary.

1 Answer | Asked in Estate Planning for California on

Q: I am a disabled person in CA, age 66, and am now being shifted from disability payments to social security.

Can I terminate my special needs trust now without difficulty?

Barry L. Adams answered on Feb 22, 2016

It really depends on the terms of the special needs trust. You will need to have an attorney review it to determine whether this is possible.

2 Answers | Asked in Elder Law, Estate Planning and Family Law for California on

Q: if someone is sick and medicated in hospital and coerced to sign power of attorney how can it be blocked stopped

my mother is sick and her sister made her sign over power of attorney? can she have a new will drawn up help please

Barry L. Adams answered on Dec 7, 2015

If the person is able to sign, then you can have a new power of attorney signed which revokes the prior power of attorney or you can have her sign a revocation of power of attorney only. If she is unable to sign, then you would need a court action or a conservatorship (also a court proceeding)... Read more »

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1 Answer | Asked in Estate Planning for California on

Q: My younger sister died 8/29/15 she left no will She was in the process of a Class a suit How do i get to be her executo

Barry L. Adams answered on Oct 16, 2015

To become executor, you need to Petition the court in the County where your sister resided at the time of her death. However, you may not need to depending on the amount of the class action award. Check with the attorneys handling the case.

1 Answer | Asked in Probate for California on

Q: i was married 4 days when my husband died of his first dose of chemo. no will.am i responsible for no probate filed?

we had a daughter in 1981. I didnt speak or see him for 32 years,until going to my one and only high school reunion. I moved in with him sept 2012. i waited 6 months to become a resident so i could file for divorce from my then husband of 23 years.. I started my divorce and it was final in sept... Read more »

Barry L. Adams answered on Oct 16, 2015

You aren't required to file a Petition for Probate of your husband. I think the attorney's advice was correct.

1 Answer | Asked in Probate for California on

Q: What happens if a Will goes into probate 9 years after the testator died, and if a beneficiary is died with no child.

What happens If a Will goes into probate 9 years after the testator died (because the other co-executors never petitioned to go into probate) but in the meantime one of the beneficiaries passed away. To be more precise, the Will had named four beneficiaries, all who were siblings. But after the... Read more »

Barry L. Adams answered on Oct 16, 2015

You should contact a lawyer to discuss this and have the will reviewed, however, generally speaking if the will does not provide for a disposition upon a beneficiaries death, then the laws of intestate succession apply and the share goes to the persons closest blood relatives. In this case, that... Read more »

1 Answer | Asked in Collections for California on

Q: What are my options regarding a false claim that leads to a default judgment I never knew existed?

I just found out last week (10/02/15) via "wage garnishment" that I had been sued by my father (who has been and still is in prison since 1999) and he had won due to a default judgement. I have never been notified or served by anyone. I knew nothing of this case. A day after the first garnishment,... Read more »

Barry L. Adams answered on Oct 16, 2015

You need to hire an attorney to file a motion to set aside the judgment based upon your lack of service. You should go to the courthouse and get copies of all of the relevant documents to give to your attorney. Yes, you should be concerned.

1 Answer | Asked in Domestic Violence for California on

Q: My boyfriend hit me 2 month ago, I have picture and scares and therapist statement. is too late to report it and proof i

Barry L. Adams answered on Oct 16, 2015

No, you can and should report this.

1 Answer | Asked in Probate for California on

Q: On the California Petition for Probate, can only one list themselves as Executor if a Will had named them and others?

A Will named 4 children all as co-executors, but also stated that a remaining child may be executor if a co-executor dies or is unable to perform. So if after 9 years none of the others ever filed the petition for probate, and the one executor that now wishes to carry out the executor duty files a... Read more »

Barry L. Adams answered on Oct 10, 2015

No. The will controls and if the others are alive, they all have the right to serve as co-executors. They can file an objection

to the Petition on that basis.

1 Answer | Asked in Estate Planning for California on

Q: In California, can an executor petition for Independent Administration if its an old will and did not directly state it.

In California, can an executor petition for Independent Administration when opening probate if its an old will and did not directly state "independent administration" was allowed.. The will states "I authorize my Executor to sell, with or without notice. at either public or private sale, and to... Read more »

Barry L. Adams answered on Oct 10, 2015

Yes. As long as the will does not preclude Independent Administration, then the Court can grant Independent Administration powers.

1 Answer | Asked in Estate Planning and Family Law for California on

Q: my grandmother died and left a will all but one named in the will died am I entitled to my mothers share who died?

my grandmother died and left a will all but one named in the will died am I entitled to my mothers share being named as her executor and heir and her being one of the ones who died of my grandmothers heirs?

Barry L. Adams answered on Oct 10, 2015

The answer to this question is: it depends. You need to look at the will and see if there is a survivorship clause. In other words, does it say: all of my assets to my 2 daughters, if they survive me" or something like that. If there is no survivorship clause, then the person's who died share will... Read more »

1 Answer | Asked in Probate for California on

Q: Working with fiduciary for probate. Am I legally able to choose my own CPA or forced to use his?

PLEASE I need your help: Mom passed 4 months ago; located in California; hired a lawyer and now working with our fiduciary. The fiduciary is choosing to use his CPA at $250/hr. I want to use my Mom's CPA who's worked with her for the past 30 years @ $75/hr. Are we legally as the beneficiaries (me... Read more »

Barry L. Adams answered on Oct 10, 2015

Unfortunately, the fiduciary has the legal authority to choose to work with the fiduciary of their own choosing. However, I have never heard of a CPA only charging $75 per hour. Most CPA's charge a flat fee for filing tax returns rather than charge on an hourly rate.

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