Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Frederick Lewis Stoker III
2 Answers | Asked in Estate Planning and Probate for California on
Q: Can I put a minor on the Transfer on Death Deed for my house IF I designate a UTMA custodian for the minor in my will?

Everything I read says minors can inherit property, they just won't be able to assume the loan, get a new loan, etc. By completing a TOD Deed for my house in my minor child's name AND having the UTMA Custodian for my minor child designated in my will, I am hoping to avoid probate and... Read more »

Frederick Lewis Stoker III
Frederick Lewis Stoker III answered on Feb 12, 2021

If your ultimate concern is that your child may still be a minor by the time the property passes, you should consider the option of establishing a trust. The trust can provide guidance as to the trustee's power to sell and duties owed to your child. Furthermore, creating a trust now can... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does taking a breathalyzer create a legal 90-day suspension contract for first offenders? (Massachusetts)

I was suspected of an OUI (first offense) and took a breathalyzer because I was under the impression that my license would be taken for an automatic 90-day suspension. After the 90 days, I was told by the Registry of Motor Vehicle Appeal Board that they wanted to hold my license until my case was... Read more »

Frederick Lewis Stoker III
Frederick Lewis Stoker III answered on Feb 12, 2021

There is no contract here. Driving is a "privilege" and not a right and therefore it is easier for the government to suspend or revoke your driving privileges. You should use the Find a Lawyer tab at the top of the page and consult with an attorney about the next steps, if not in the very... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: Does a ‘use and occupancy right’ in a will entitle the beneficiary to also maintain all items in the residence?

Or would the items be a part of the remaining trust property and be distributed to the beneficiaries of the trust? Items in question are furnishings, paintings, clothing, family photos and jewelry. There is no memorandum in the will with these items.

Frederick Lewis Stoker III
Frederick Lewis Stoker III answered on Feb 12, 2021

Your question is confusing, the "'use and occupancy right' in the will" and a reference to "trust property" implies that there may have been a testamentary trust established. The items within the residence that are not "fixtures" are governed by the will... Read more »

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.