and then pay the taxes at my own rate. Can anyone suggest what legal book or IRS ruling I can consult? I plan to hire an attorney, but so many of you seem to think this can't be done.
answered on Mar 9, 2021
When you set up the UGMA account, you made a completed gift to the minor recipient. You cannot now revoke that gift. Therefore, it is not a tax issue - it is a legal issue.
I understand that if my mother’s estate doesn’t qualify as a small estate, within 30 days after her death, I must file her will in the superior court of the county in which she lived.
There are several financial instruments (CDs) that she owned that I can’t yet tell if she set up as... View More 
answered on Jan 31, 2020
You are lodging the will with the Court - not filing for probate. Remember you have to wait 40 days before filing 13100 Small Estate Affidavit with the banks and the collective amounts of all accounts must be less than $116,250 for a death in 2020 and $150,000 for a death in 2019.
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
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.
Can I terminate my special needs trust now without difficulty?
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.
my mother is sick and her sister made her sign over power of attorney? can she have a new will drawn up help please
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)... View More
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.
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... View More
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.
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... View More
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... View More
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... View More
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.
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... View More
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.
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... View More
answered on Oct 10, 2015
Yes. As long as the will does not preclude Independent Administration, then the Court can grant Independent Administration powers.
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?
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... View More
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... View More
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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