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What are my rights? He did not have a will
answered on Feb 1, 2025
I am sorry for your loss.
Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.
If you are... View More 
My mother died intestate with a large estate. My sister, who resided with her as a recluse and a dependent under her care for more than thirty years filed, pro per, for estate administration whereas my attorney filed for a private fiduciary. The court appointed her provisionally with the... View More
answered on Jan 30, 2025
If your sister gave proper notice of her amended DE-111, it is certainly possible to alter the information from the original petition. Presumably, you would have had notice of the hearing on that amended petition and an opportunity to raise an objection.
If you believe that the... View More
There are 5 beneficiaries including myself. Her properties were left to me and the funds in her accounts will be split 5 ways. The attorney has not been much help to me and rarely gets back to me. He advised me to make necessary repairs in the beginning as the properties are rentals and in very,... View More
answered on Jan 30, 2025
I am sorry to hear you are in this situation. Many trustees are left in untenable financial situations without clear options, and you are not the first successor trustee to consider using their own funds to cover trust expenses.
The trusts expenses are absolutely not your personal... View More
I understand that California allows individuals to represent themselves, and I would like to do so in my case. Could you please guide me on where to find the form to petition the Superior Court to be appointed as successor trustees without incurring significant costs? My family and I have been back... View More
answered on Jan 23, 2025
There are no particular forms to accomplish the goal of being appointed as successor trustee.
You need to start with the terms of the trust. If there is a current trustee, they generally have a right to serve absent a court order removing them or incapacity. Some trusts allow a trustee to... View More
If a beneficiary on my revocable family trust is currently involved in a civil lawsuit can I remove them from the family trust? Or would a court consider this as trying to hide assets from creditors?
answered on Jan 14, 2023
A revocable trust can be amended at any time for any reason. Most trust also have "spendthrift" terms that clarify that a beneficiary's' "share" is not available to creditors until it is actually distributed to them. If your trust has that kind of term, you would... View More
I do Not Know What Form to file to continue collecting the debt owed to me
answered on Jan 14, 2023
Your question is not entirely clear, but it seems like you may need to file a "creditors claim" if the decedent has a probate open. If not, you may have to open a probate for them. But that could be more of a hassle and expense than you really want.
My grandmother had a revocable living trust in place and has recently passed away. She designated a friend as her successor trustee and named my father and my uncle, and all four of her grandchildren as beneficiaries in the trust deed. I've not actually seen the document, but I'm told it... View More
answered on Jan 14, 2023
If you are a named beneficiary of the Trust, even just 1%, then you are entitled to a copy of the full terms of the trust terms upon request. I would suggest making a written request, ideally by e-mail or letter, and then consulting an attorney if the trustee continues to refuse.
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