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

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... View More

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:... View More

I recommend you talk with an Elder Law Attorney as you raise many important issues very specific to elder law.

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... View More

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... View More

To add to what my colleagues have stated, if she were legally adopted by another person or couple, that adoption would have severed her rights to inherit from her biological parent(s). In addition, rules surrounding 401K's follow their own set of rules. If there was a designated beneficiary... View More

This is one of the reasons why estate planning attorneys do not recommend the use of transfer on death deeds. Title companies are hesitant to insure title during the three-year period in which claims can be made against the beneficiary of the deed. While the beneficiary can take title under the... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More