My father in-law, my wife's father passed away over a month ago in Santa Clara CA. My sister in-law states that she is the executer of the will. Over a phone conversation my sister in-law told my wife that my wife is not getting anything from the estate. When my wife asked to see a copy of the... Read more »
answered on Mar 29, 2023
First, many people use the terms "wills" and "trusts" interchangeably, even though they are very different in California.
If your father-in-law had a will, whoever has the original is required, within 30 days of the death, to "lodge" it with the county clerk... Read more »
My father passed away three weeks ago. He had utilized an Advanced Healthcare Directive and had appointed an agent, who was a close friend. He didn't share the details of the directive with (immediate) family, and the agent refuses to share the contents of it. My father has already been... Read more »
answered on Mar 26, 2023
My condolences for the loss of your father.
California Health and Safety Code section 7100 specifically states: "The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be... Read more »
My parents recently passed away. They had a FHA reverse mortgage but did not have a will/trust. We need some guidance on possible next steps. I am one of 7 children and we agreed to collectively determine next steps but we don't fully understand our options. Can we transfer the title on the... Read more »
answered on Feb 17, 2023
You need to contact a probate attorney ASAP. You cannot transfer title or sell the house without going through a probate process. In the meantime, the reverse mortgage holder can foreclose on the house. Do not delay!
My mom has a reverse mortgage and wants to add me to the deed. When she passes I am planning on buying the house from the reverse mortgage company. I am not sure how we go about getting this taken care of.
answered on Dec 10, 2022
You cannot add your name to a property that has a reverse mortgage on it and any attempt to do so could cause the reverse mortgage to call the loan due no. Even aside from the reverse mortgage, it is rarely a good idea to add a child's name to a property while the parent is alive as there can... Read more »
I have worked at multiple SNF facilities (Post-Acute care, LTC STC) that assign 20-28 residents in an 8-hour NOC shift or 10 residents in an 8-hour PM shift to one CNA. Many need incontinence, toileting, feeding, bathing, & hygiene care assistance, fall risk monitoring & pain management,... Read more »
answered on Dec 1, 2022
As an attorney whose practice focuses on older adults, this is very disturbing to hear reports like this. I would suggest you call California Advocates for Nursing Home Reform (CANHR.ORG) at 800-474-1116. They're a non-profit that advocates for older adults, particularly those in... Read more »
50% was left to me (granddaughter) and 50% to my aunt. My mother, my aunts sister wasn’t listed as secondary, nor my aunts husband. My aunt has no children. My aunts husband is the trustee and is saying he is taking my aunts half since he is her husband. There was no addendum made after my... Read more »
answered on Nov 23, 2022
While it is not typical for your aunt's share to pass to her husband when his wife predeceased your grandmother, it is impossible to provide an answer here without reading the trust. It would take an attorney only a few minutes to look at a couple of paragraphs in that trust to answer your... Read more »
The Trustee of the Trust has dementia, so her son is the Executor and has Power of Attorney. To do a self-closing transaction for the purchase of the vacant land lot, should I prepare documents where she is a Grantor and he just signing documents for her as an Executor?
Or there should be... Read more »
answered on Jun 9, 2022
If the vacant lot is titled in the name of the trust, there is a very specific process that must be followed that complies with the terms of the trust with respect to incapacity of the trustee. If the vacant lot is in the name of the individual trustee who is now incapacitated, then the son will... Read more »
A distant relative created a Trust in 2012, and another Trust in 2016. He funded the 2016 Trust with some real estate.
We have found copies with hand-written edits to the 2016 Trust. It has a place at the bottom for his signature, but the deceased never signed any of them. There is a... Read more »
answered on Jun 8, 2022
While a California trust does not need to be notarized, it does need to be signed. However, you seem to have evidence that in fact a trust document was signed (notary records) and the 2016 trust was funded with real estate. Depending upon a lot of other facts and factors, it is possible a court... Read more »
Decedent has four surviving family members -- two parents and two siblings. No spouse. Do all four need to be listed or can just one be listed?
answered on Apr 14, 2023
If the deceased was survived by one or more parents, only those individuals are intestate heirs entitled to recover under the small estate affidavit. The siblings are not entitled to receive anything.
I haven’t told anyone about my roles I’m aware his treatment is acceptable…but now that he is about to pass, I want to intercept a burial plan she has in place. as he had other wishes in his end of life decisions. What’s my next step! How do I know if she had other poa drawn up? Help!... Read more »
answered on Mar 29, 2023
My condolences to you for the father you will soon lose.
The legal document stating who has the right to control the burial plans will be the Advance Health Care Directive (AHCD), which you do not mention.
If there is no AHCD, and there is no spouse, then a majority of all... Read more »
The home is in Louisiana, I live in California but I am 1 of 2 signatures required per the form. Must the signators reside in Louisiana?
answered on Jun 14, 2022
I very much doubt Louisiana would require you to reside there in order to sign the affidavit. Notarizations are always completed in the state where the signer is signing, which most often is their residence.
his estate. He was not married and had no children. His estate is valued at less than $150,000. I need to get Letters
of Administration signed by a court in order to get his medical records. Thank you
answered on Mar 2, 2022
My condolences for the loss of your son. You do not need to file for probate for that amount of money as it is below California's small estate affidavit limit of $166,250. You must wait 40 days following your son's death. If you contact the financial institution holding the money, they... Read more »
My wife died four years ago and the house is still held in both our names, no trust.
answered on Feb 27, 2022
While you may not need to place your house in a revocable trust before you sell it, I would caution you that you likely should place the proceeds of the sale in a trust. As well, particularly as a widower with no children, it's extremely important that you have a health care directive and... Read more »
answered on Dec 26, 2021
If you hold title with the owner as "joint tenants", no probate would be required. If title is held as tenants in common, half of the property would have to be probated.
However, adding an individual's name to real property is typically a very bad idea and has adverse... Read more »
1. My Ex-wife is living in Korea and will need to complete it there designating our son as her PoA representative. Can a notary at the US Embassy sign the form or does the notary have to be from California?
2. If she completes the form can a scanned and printed copy be used by my son to... Read more »
answered on Dec 16, 2021
When an individual signs a US document in a foreign country that would typically require a notarization, they should seek the assistance of the local US Embassy who will provide the equivalent of a local notarization. Once that is completed, a good quality scan should be all that any institution... Read more »
My mom bought her house before she married my stepdad and then added him to the deed without right of survivorship 15 years after they were married. They were married for 25 years. My mom then died without a will. If my stepdad files a spousal property petition, could he be granted my share of my... Read more »
answered on Oct 11, 2021
It would be helpful to have some additional information, including exactly how the deed adding your stepdad was titled, as well as how long they were married. Assuming you are the only child, you would be entitled to fifty percent of your Mom's separate property and that would have to be... Read more »
… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »
answered on Sep 10, 2021
You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »
'Nana' recently died quite suddenly, and unexpectedly. I am her only child, and I have two children. From the time that we discovered she had brain tumors, to when she died, was only one week. She was very confused and disorientated. During this week, my daughter got her to sign a P.O.A.,... Read more »
answered on Jul 20, 2021
My condolences for the loss of your mother. You most likely do have recourse, but you should seek the assistance of a trust and estates litigator as soon as possible. Even if the quitclaim was valid, which likely it was not, that deed would have applied only to the home and not the contents or... Read more »
He used home for collateral then dide before pay it off .. the property is still in my grams name .. but I was sued for the loan he had wirh someone else now I have. Alien on my property.. he never put the property in his name it’s always been in my grandmas
answered on Jul 7, 2021
If your grandmother's home is still in her name, and I'm assuming she is deceased, you must file for probate. It is the only way title to the property can pass to her heirs, typically children, then grandchildren. It's not clear when you say there's a lien on your property.... Read more »
My brother recently was nominated by the court as successor trustee after he filed a petition. The trust instructs that if the nominated trustee is deceased or unwilling a successor trustee will be nominated after receiving majority of the beneficiaries vote however the beneficiaries were not... Read more »
answered on Jun 13, 2021
You need to have an attorney look at both the trust document and the petition your brother filed. You seem to raise valid objections to your brother's appointment as successor trustee. If you were properly served with your brother's petition, you would have had to file an objection to... Read more »
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