My attorney helped me filed a probate petition in Santa Barbara County, California. I am in the process to prepare a schedule of assets and debts for inventory and appraisal phase of the probate case. 1. Should I list non-probate assets such as my dad's 403(b) plan and his individual... Read more »
What struck me as unusual about your question is that you mention that you have an attorney, but it doesn't seem that you are receiving much guidance from him/her. I note that you are from Texas, so I'm wondering if perhaps an attorney friend there assisted you to file the Probate... Read more »
Onset of dementia. She wishes to protect her home, inherited from my grandparents. Who purchased it for her and I in 1972. In Ca can she legally exclude him from her will or trust? How would she go about this?
Your question crosses over into both family law and estate planning. Your mother's interest in that property would be her own separate property that she is typically allowed to pass to anyone she chooses. There are occasions, however, when the other spouse may gain a community property... Read more »
While it's possible the trustee may have the power to control the circumstances, timing, and amount of any trust distributions, it's not likely the trustee can change the provisions of the trust. There are times, for example, when a beneficiary may have a substance abuse issue. In those... Read more »
My father owns a house outright in California. I am the only child, and the house is in trust to be inherited down to me. My mother passed 2 years ago. If I in turn sell the house after my dad passes, do I get hit with capital gains tax?
When your mother passed two years ago, the property received a "step-up" in basis to market value at that time. When your father dies, the property will get a second step-up in basis to the then market value. This assumes the property was community property and that the trust did not... Read more »
He died about 10 years after and I was told (while he was alive) that in their trust he specified that I receive $350,000. I believe my two children are also named for $175,000 each. He has been gone about 2 years now and his wife will NOT talk about the trust. I do not have a copy of the trust... Read more »
I see you are in Glendale, AZ, but am assuming your father had resided in California. I'm answering your question based on California law. You have an absolute right to see a copy of the trust, even if somehow you were disinherited from it. An attorney would send a demand letter and if she... Read more »
My mother passed away and made her partner of 15 years and me, co-trustees. Her partner is allowed to occupy the house for 5 years, then the home and most of the contents pass to me. Her partner has not allowed me to visit the property and refuses to communicate about the actual maintenance of... Read more »
Most trusts that allow a right of occupancy for a period of years will specify in great detail exactly what the respective duties, rights, and responsibilities are for both the occupant (your co-trustee) and the ultimate beneficiary (you). Typically, these rights of occupancy grant the ultimate... Read more »
I submitted the California Small Estate Affidavit to PayPal with a notary attachment. However, the check was made out in my deceased relative's name only. Which is not how other checks have been made out.
Two banks that I do business with, including Wells Fargo, have declined to... Read more »
If you are the successor trustee of the deceased's trust or administrator of the probate estate AND you have opened a bank account in the name of the trust or estate, you should be able to deposit it into that account. If the total assets are less than $166,250, your relative died this year... Read more »
There may be relatively simple ways to fix this issue. I'm assuming your father has passed away? Depending upon when he died and the amount in the account, you may be able to use a small estate affidavit to transfer to the trust. These forms are available on the Internet, but I would be... Read more »
My father still has a small mortgage on the home. He already has a Will and Durable POA. He is interested in creating a mechanism such as a living trust by which his home and minivan can be transferred to me as his sole heir without the necessity of the property going through probate. His Will... Read more »
You need to seek the advice of an Arizona attorney where the Medicaid rules are very different from California's Medi-Cal rules. The probate rules are also very different.
I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... Read more »
This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... Read more »
My parents both passed away within 1 week of each other. There is a will saying I inherit everything. They own outright a trailer and a truck and have a bank account (less than $20k worth). No real estate or other assets and no outstanding credit. Do I need to file a small estate affidavit if I... Read more »
My condolences for your very tragic losses. If your parents died in 2020, the small estate limit is $166,250 so if the total of their assets is less than that, a small estate affidavit should be all that you need. You will need certified copies of the death certificates and you must wait at least... Read more »
There is a trust and everything gets divided equally between me and 2 brothers, one of whom does not live in the house. The reverse mortgage company knows we have it listed & are trying to sell it. But we were told we couldn't stay there by some people and then others said because of... Read more »
Whether or not you can live in the house will depend upon a number of factors. If there's a trust that leaves the proceeds of the house solely to you and you are the sole trustee, then likely it's OK. It becomes more complicated if there are other heirs not living in the house. In that... Read more »
And his money market fund this lady I think she work for well Fargo bank the same bank my dad has
If you suspect this woman is unduly influencing your father and/or is taking advantage of him financially, you should immediately contact Adult Protective Services. More information here: https://www.cityofmontclair.org/city-government/police-department/victim-information/elder-abuse
They told me when there in person I did not need to. I am now reading that’s not true and I needed to file it within 30 days. One of his children of my aunt has filed for probate to be executor of estate, She knows I have his last will and testament but is ignoring it. The home is in process to... Read more »
If the property was solely in your grandfather's name, then the only way it can pass to anyone is through a probate action. If you are in possession of your grandfather's original will, it is your responsibility to "lodge" it with the Santa Clara County Clerk within 30 days. I... Read more »
I've never heard of a "Bixby Trust" although there is a 1949 California Supreme Court case regarding spendthrift trusts in which the plaintiff's name was Bixby. See it here: https://caselaw.findlaw.com/ca-supreme-court/1796531.html
To Whom it may concern, thank you in advance for responding to this message,I need to honestly know,if there is any way,I can track down a living trust, my Dad passed away and because at the time, I was in the US military special ops unit,I was unaware of his passing, once the mission was... Read more »
Thank you for your service. Also, my condolences for the loss of your father, as well as for the timing and manner that you learned of the news he had died. If your father had a trust and left no spouse, you should have received a notice and a copy of the trust from the person designated in the... Read more »
both disabled adult and trustee are sibling beneficiaries of an irrevocable family trust in California.
Attorneys are not mandated reporters of suspected financial elder abuse. As well, our ethics rules do not follow the American Bar Association ethics rules all other states follow that allow for more attorney action. Our rules on this subject can be found here:... Read more »
I'm 83 and she is my caretaker and we live together. She has put her life on hold to care for me and I want her to own the house before I die. I have an old living trust that is no longer relevant. I believe the trust splits the property equally between my five children. What type of... Read more »
I recommend you talk with an Elder Law Attorney as you raise many important issues very specific to elder law.
Decedent died intestate in 2010 holding real property, survived by Spouse who died in 2018. Spouse had established a revocable trust and named a successor trustee. May the trust/ successor trustee may now take title to the decedent's share of the real property?
If the spouse had retitled the property into the name of the spouse's revocable trust, the answer is a clear yes. If the spouse had not done so, it may still be possible to transfer the property into the trust, but you will need to file a court petition to accomplish that transfer. This... Read more »
Both brother and I are trustees and beneficiaries of mom's irrevocable trust. What Federal/State documents need filed so my brother and I inherit property without higher taxes?
You need a qualified trust and estates attorney to review the trust documents as irrevocable trusts can be very complex. In addition, it may be that this is an old "AB" trust that prevents step up in basis, but may possibly be amended to get rid of the AB trust provisions and thus get a... Read more »
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