My father passed away, he had many years ago gone to an attorney to have a trust done. We can not locate a signed copy, but have the drafts from his attorney (whos not been of any help). I would like to sell his house, what can I do, will this unsigned draft help me in any way?
I don't believe there's any way you can avoid having to retain a lawyer to assist you with this matter, particularly if there are family members or other beneficiaries who may dispute the existence or terms of the trust. If the home was titled in the name of the trust, that's a good...Read more »
Located in California. My mother passed May 17 2018, I received a copy of her amended trust from a third party other than the successor trustee in June 11, 2018. Only one heir was named as beneficiary to real and personal property, otgers including myself was given $1000, which has not been... Read more »
If the trust document was notarized, no witness signatures are required in California. Also, when you received a copy of the trust last year, you should have received a notice under Probate Code 16061.7 that should have warned you that if you wanted to contest the trust, that you had to do so...Read more »
While you do not need an attorney to do a durable power of attorney in California there are circumstances in which consultation with an attorney is advisable. For example, if the person is in the early stages of any type of dementia or if they may need to qualify for long-term Medi-Cal benefits in...Read more »
My sister passed intestate in 2015, S.C. County CA. Probate lawyer was hired in early 2016. My brother passed in late 2016. My sister was never married and had no children. Is my adult nephew (brother's son) eligible for 50% of the estate? Sadly we've been a little disappointed with our... Read more »
Unfortunately, probate matters, particularly in some busy counties, can take what seems like a very long time to complete. Assuming you and your brother were your deceased's only siblings at the time of your sister's death, and there were no other predeceased siblings, then your later...Read more »
Recently a friend of my husband and I attempted suicide and is currently in the hospital in the ICU in California. He left suicide notes with his instructions on where he wants his stuff to go. He specifically and verbally declared he doesn't want his parents to get anything. He has been... Read more »
I agree with Ms. Dunn, although I would add that I don't believe the parents, unless they first secured a conservatorship over their adult son, would have any right to enter his property. These can be very difficult situations when estranged family members appear only at death to not only...Read more »
My son had power of attorney over his biological grandmother Medical/ financial/estate since around 2012. She recently had a stroke which left her paralyzed on her left side Dr.s told us that only 1 side of her brain was working. Her Grandson has been in prison for about 20years & has life in... Read more »
If the second POA was executed while the grandmother lacked mental capacity, it would not be valid and would not have invalidated the earlier POA. There's no question that your son needs to talk to an elder law attorney as soon as possible.
Trusts are not filed in the courthouse as they are intended to be confidential. If you are a beneficiary of a trust, you are entitled to a copy only after it has become irrevocable, which is typically when the person(s) who created the trust die. No attorney would ever give it to you unless his...Read more »
Can I rescind the sell of a property? My mom is cognitively impaired. My brother had her sign a P.O. Attorney. He sold my mom's home with that invalid POA. The broker was aware of the POA, knew that the property was going conservativeship and secretly sold her home. The buyer was not a bona... Read more »
Very likely yes, you can rescind, but it will not necessarily be an easy or inexpensive process if your brother, broker and the purchaser do not agree with you. For certain, you need to retain the services of a trust and estates litigation attorney and the sooner you do that, the better.
No one but your father can change the terms of his will and I would caution you that under some circumstances, exercising undue influence on your father to change his will could be construed as elder abuse. Better to simply talk to your Dad about what part of the will you don't like as...Read more »
You can never "force" anyone to choose a particular individual for a power of Attorney. The person who is choosing an agent for a power of attorney must freely, and while mentally capable, choose an individual they have complete faith and trust in to act in their best interests. This...Read more »
While I would want to review both the original document and the amendment before making a final decision, it sounds as though it is very apparent that the trustmaker(s) intended to amend only Article F, so that it would not be considered to be a significant error. The attorney who prepared the...Read more »
It depends on the nature and type of your assets and the type of Medi-Cal benefits you are are seeking.. Also, there's a right way to do it and many wrong ways to do it. I highly recommend your contact an elder law attorney to assist you. They typically save families far more money than it...Read more »
You should immediately consult an elder law attorney so that a formal determination regarding your mother's mental capacity can be determined. It is important that this be one as close in time as possible to the time when she changed the will. A diagnosis of Alzheimer's Dementia does...Read more »
A power of attorney properly executed by your wife at a time when she still had mental capacity should be sufficient to allow you to sell your home, although I would recommend you have it reviewed by an attorney before you get too far into a sale, only to find a title company unwilling to accept...Read more »
The (well) spouse of a person with Alzheimer's (ill spouse) should establish a testamentary special needs trust through his/her will to protect the ill spouse in the event the well spouse dies before the ill spouse. These types of trusts between spouses can only be established through a will....Read more »
Rarely is a standalone will better than a trust (which would include something called a pour over will), unless you have very few assets. All too often, I believe potential clients think they are saving money on attorney fees by asking for a will as they think a living trust will cost more. This...Read more »
Life estates are typically used in real property matters. For example, the person creating the trust may wish that when he/she dies that their home be given to Person 2 who may live in the home for the rest of their life. When Person 2 dies, the property transfers to Person 3. The trust document...Read more »
Person No. 1 has a 94 year old cognitively impaired mother sign a Power of Attorney designating Person No. 1 as Attorney in Fact. Person No. 1 sells the 94 year old's home well below market value to Person No. 2. Person No. 2 quickly gifts the property to Person No. 3. Person No. 3 sells the... Read more »
There's no question that you need to immediately contact an elder law attorney who handles financial elder abuse matters. I can't imagine that a title company ever insured title on all of these transactions.
To divide the monies from CD, checking,Savings & maximizer acct how much if any do they get. All i remember my father saying is if anyone objected to the amount & werent happy then automatically they forfeit their share. I know my Mom doesnt get nothing except to live free in the home &... Read more »
Nursing homes are highly regulated in California. There are several different types of licenses, depending upon the type of facility it is. For example, skilled nursing facility, assisted living, board and care, etc. You can find a lot of very useful information and resources at California...Read more »
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