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.

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

Unfortunately, this situation will likely require a conservatorship, which is a court-monitored process that can and will revoke the Power of Attorney. If the older adult had a trust in place, it's possible that a conservatorship would not be necessary. Either way, please consult an elder... Read more »

I agree with my colleague that you should do what is called a restatement of your original trust, particularly when there have been major changes in beneficiaries between the original and the amendment. Those beneficiaries in the amendment could otherwise try to make claims that the Amendment was... Read more »

You should contact an elder law attorney to immediately prepare and serve a revocation of the power of attorney. That attorney will also explore a possible financial elder abuse claim. I would not suggest you try to do the new power of attorney yourself as it's not likely the financial... Read more »

Any part of the house funded into the B Trust will not get a step-up in basis. Depending upon many circumstances, many people are deciding they do not want a bypass trust, and often times, it is not necessary. You should speak to a trust administration attorney for more advice as it may be... Read more »

You need to take at least some minimum steps to make sure no estate administration is required. For every bank account, make sure you have designated a pay-on-death beneficiary and make sure that person knows they are the beneficiary. Following your death, that person can bring in a copy of your... Read more »

If the estate is less than $166,250, you can submit a Small Estate Affidavit. This is the form: https://www.courts.ca.gov/documents/Affidavit_personal_property.pdf

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 »

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 »