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answered on Oct 24, 2024
Yes.
First, chances are there's something you forgot that isn't joint - for example, any 401k or IRA is individual by definition. Or perhaps there are utilities that are only in one person's name. In order to access those in cases of incapacity, a spouse needs the POA.... View More 
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 20, 2024
I want to clarify something in your question which impacts the answer. Your question is around being the successor trustee which is what my colleagues have addressed (no requirement to change the deed to you as the successor trustee).
HOWEVER, you also mention that you are the only heir. If... View More
I asked her to create a living trust for me. I haven't sent her my Real Estate Deed copy yet. If I send it to her, is it possible easy for her to scam me and transfer my assets through her? How can I prevent this?
answered on Feb 2, 2024
It is normal for part of the process of creating a trust to include drafting a deed to transfer property into the trust. Typically that includes reviewing prior recordings to see the legal description of the property. So her asking for a copy of your deed is not concerning.
That said, it... View More
My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More
answered on Feb 2, 2024
Without seeing all of the documents I cannot say for certain, but based on the information you have provided, unless there is some other restriction or agreement that limits Victor's right to sell his half of the property, he is allowed to sell his half without your mother in law's... View More
My wife is beneficiary of a Special Needs trust. The Trustee has been spending money on property upgrades for a house that belongs to the trust without consulting my wife.
The upgrades are done at the behest of the other beneficiary, my brother-in-law, who occupies the house alone.
answered on Dec 9, 2022
The trust documents should have the answer to this question as they dictate the powers of the trustee as well as how funds are to be used.
An experienced estate planning lawyer could likely answer this question in minutes if you provide them with a copy of the trust documents.
My daughter received a settlement last year in the amount of 6500
The court had these funds placed into a trust account
They had me set up the trust account at union bank with me as the trustee and her as the beneficiary
With the document stating the funds cannot be... View More
answered on Oct 26, 2022
You will need to look at the court and trust documents to see what is permitted and follow those documents. They may also dictate whether you can change the custodian of the money or not. If you are having difficulty interpreting the court's order and/or trust documents, you may need to... View More
I do not have children, I’m Single, I live in California.
answered on Oct 24, 2022
Some additional information is needed to fully answer your question - are your parents still alive? How does their will/trust distribute the house if you predecease them? Etc. I can still give you some general information however.
If you do not do a will then the assets will pass by... View More
answered on Sep 19, 2022
This question is a little confusing so I'll do my best to answer the different ways it could be interpreted.
If you're asking if you have to leave your own personal estate to your parents grandchildren, the answer is no. You can choose to leave your estate to whoever you want, but... View More
In California a gift (a classic car) is granted via living trust, then is totally destroyed in a fire before the grantors death whereby a $39,000 insurance claim is paid to the grantor/estate. Subsequently the trust is not amended still reflecting the gift to the beneficiary at the grantors time... View More
answered on Sep 12, 2022
The outcome will depend on the language in the trust document providing the gift. Generally, if a specifically listed item is given to a specific person, if the item no longer exists at the time of the decedent's death, then the gift fails. For example, "To my niece MARY SMITH I give my... View More
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