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Questions Answered by Howard E. Kane
2 Answers | Asked in Estate Planning for California on
Q: planning to move out of california to another state - should I amend my existing living trust before or after ?
Howard E. Kane
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Howard E. Kane
answered on Sep 22, 2022

What amendments to your trust need to be made? A properly drafted California Revocable Living Trust (RLT) should hold up in another state. What would be the benefit of delaying amendments? As a general rule, I recommend making amendments sooner rather than later, especially if they are material... Read more »

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1 Answer | Asked in Estate Planning and Family Law for California on
Q: My son had 1 years worth of 401k from employer when he passed away along with debt. As next of kin do I pay all bills?

California residents

Howard E. Kane
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Howard E. Kane
answered on Sep 21, 2022

I am so sorry to hear about your son's passing. Did your son designate a beneficiary for his 401K? Was that his only asset? If so, the 401K should pass directly to his named beneficiary, and it would be difficult for creditors to levy that asset. Notice to the creditors of your son's... Read more »

2 Answers | Asked in Probate for California on
Q: Am I required to hire a lawyer to discuss a last will and testament. from a lawyer oversees a will.

My name is in a will. My parents are deceased as of 2019. the Lawyer who executed the will. Response is I need a lawyer to discuss the will.

I am looking to have a lawyer represent me to discuss what is my inherited stake in a will.

Howard E. Kane
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Howard E. Kane
answered on Sep 20, 2022

First off, I'm very sorry to hear about your parents' passing. I am a local probate and estate planning, attorney. I would be happy to discuss the situation with you and explain the next steps. Call me at your convenience.

Best regards,

Howard

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: If I have my name on the deed of the house and so does my grandma when my grandma passes away can my aunt take the home?
Howard E. Kane
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Howard E. Kane
answered on Sep 20, 2022

Greetings Shingletown,

I agree with attorney Dickinson's response. I would be happy to take a look at the existing deed. Feel free to take a picture or scan it and email it to me. Both you and your grandma may need further estate planning to prevent a big mess.

Best regards,

Howard

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1 Answer | Asked in Probate for California on
Q: In matter of an intestate estate are the heirs required to sign a waiver if one heir applies to court to be

Personal Representative/Administrator?

Howard E. Kane
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Howard E. Kane
answered on Sep 18, 2022

Absolutely not! Options include (but are not limited to) backing the petitioner by nominating them; Objecting to the petition by providing reasons as to why the particular petitioner should not be appointed administrator; Filing a competing petition and nominating another person who may be a more... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Is it possible to leave a house in a trust after the owner of the house passes (in California
Howard E. Kane
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Howard E. Kane
answered on Sep 16, 2022

From your questions, I'm assuming the property was properly funded into a valid trust prior to passing away. If so, I highly recommend reading the relevant trust document provisions to see if there is any particular directive regarding the disposition of this asset. Frankly, it's... Read more »

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1 Answer | Asked in Probate for California on
Q: I am filling out an affidavit for small estate in California. On line 7, the successor to the estate, whose name(s) ?

It is a life insurance policy. The Decedent owned the policy, I am the payee, my son is the insured. Whose name should by on line 7, as the successor (s) of the estate?

Howard E. Kane
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Howard E. Kane
answered on Sep 13, 2022

In general, when an estate can settle through a small estate affidavit (as opposed to probate), the legal heirs are determined by Probate Code section 6400 et seq. However, life insurance policies name the beneficiary. Who is the named beneficiary? If there is a named beneficiary, then there is... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Revocable Trust created in Florida, now is irrevocable trust, both beneficiary, trustee live in CA. Jurisdiction?

Revocable trust was created in Florida but has now become a irrevocable trust. Both the trustee with financial power of attorney and the beneficiary reside in California.What state has jurisdiction? The trustee has not contacted the beneficiary and has not responded to any emails, calls requesting... Read more »

Howard E. Kane
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Howard E. Kane
answered on Sep 18, 2022

I would review the trust document in detail. Oftentimes, jurisdiction is may be dictated in the trust document. However, as a practical matter, since both the trustee and the beneficiary live in California, no one should object to California having jurisdiction.

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3 Answers | Asked in Estate Planning, Civil Litigation and Probate for California on
Q: My grandma's died in 2015,I've lived in her home for7 years after her death and now some people came and told me to move

What do I do now .she also left me papers that are legalized saying the home is mine

Howard E. Kane
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Howard E. Kane
answered on Sep 18, 2022

Before I can completely answer your question, I would want to know more about who the people are that are telling you to move, and why they think they have the legal authority to make this demand. Did your grandmother have a mortgage on the home? Was the home lost in foreclosure or to a tax lien... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: I have purchased the NOLO press app for doing your own trust but friends are telling me that it may not be accepted i

in California. Do you know if it is accepted?. If not does you organization help Seniors on this?. Thanks ,

Howard E. Kane
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Howard E. Kane
answered on Jun 27, 2022

The devil is in the details with the Nolo software as well as other self-help software. One very common problem that I see is the proper funding of the trust. Once the trust document is prepared, all assets need to be properly funded into the trust. Nolo and other self-help software programs do... Read more »

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1 Answer | Asked in Estate Planning and Probate for California on
Q: Any interested party can request removal of an administrator? So if I am a sister in law can I petition the court?

My husband has 6 siblings all beneficiary’s of an estate in probate. My husband wants me to handle the probate and so do 3 other siblings because their sister the one in charge is mishandling things. Am I allowed to do that being that I am only a sister in law ?

Howard E. Kane
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Howard E. Kane
answered on Jun 23, 2022

It will be more air-tight if your husband or one of his siblings petitions for the removal of the existing administrator per Probate section 8500 and at the same time, nominates you as the successor per Probate Code section 8520. Here is a link to the code sections:... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: Does each beneficiary have to sign a petition to have the administrator removed ? Do all 6 have to be in agreement?

Also one of the beneficiaries has passed away was paperwork suppose to be submitted to the court to show this? The current administrator is not trustworthy at all can she hide the money once property is sold by any chance?

Howard E. Kane
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Howard E. Kane
answered on Jun 23, 2022

No. According to Probate Code section 8500, any interested party can petition the court to remove an administrator. The language of section 8500 is as follows:

8500. (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may...
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1 Answer | Asked in Probate for California on
Q: How do we remove an administrator from a probate? The one handling an Estate we live in is not following through.

She moved away is not communicating with anyone and has mental issues.

Howard E. Kane
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Howard E. Kane
answered on Jun 23, 2022

The process involves filing a petition with the court that has jurisdiction over the matter. The absentee administrator may not object to being removed and may be relieved that someone is willing to take over the responsibility. Any interested person has the right to file a petition in the Probate... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: On a Grant Deed of the vacant land lot property belongs to Trust

On a Grant Deed of the vacant land lot property belongs to Trust, the trustees are Husband and Wife, but they are currently divorced, the ex-husband has court documents the lot belongs to him.

To purchase this property do we need to record just a new Grant Deed with only his signature or... Read more »

Howard E. Kane
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Howard E. Kane
answered on Jun 23, 2022

I am an estate planning/probate attorney and also a licensed real estate broker. I recommend entering into a proper Purchase Agreement for Vacant Land and having a title/escrow company issue title insurance. The title company may require additional documentation before they issue the title... Read more »

2 Answers | Asked in Estate Planning and Elder Law for California on
Q: As an out-of-state son (#1) and named beneficiary, how do I get a trust accounting from an uncooperative executor?

As an out-of-state son (#1) and named beneficiary, is it possible to get a trust accounting and a copy of the current (I've seen an older one) trust from a completely uncooperative other son (#2) who is the executor and POA? He keeps moving my mother to different facilities (early alsheimers)... Read more »

Howard E. Kane
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Howard E. Kane
answered on Jun 23, 2022

In California, there are three steps to getting a copy of a trust document:

1) Make a written demand for a copy of the trust and its amendments, if any;

2) Wait 60 days; and

30 If you do not receive a copy of the trust within 60 days of making your written demand, file a...
Read more »

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3 Answers | Asked in Estate Planning for California on
Q: Revocable trust, can beneficiaries continue making mortgage payments as is, or must they refinance?

Leaving home to a child who will turn 18 in 17 years.

Howard E. Kane
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Howard E. Kane
answered on Jun 7, 2022

Most mortgage loan agreements have a clause that requires the home to be refinanced upon the death of the borrower. However, as a practical matter, the mortgage company may not find out about the borrower's death for a while. If you suspect that you may pass before the beneficiaries reach the... Read more »

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1 Answer | Asked in Probate for California on
Q: My mother passed away and my brother owed her 10 grand he is also the administrator of the estate what can I do to petit
Howard E. Kane
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Howard E. Kane
answered on Jun 4, 2022

Oftentimes a Will will cancel debts owed to the estate. If your brother is the administrator (not the executor of the Will), then this suggests there was no Will. Proper administration of the estate requires that your brother prepare an inventory, accounting, and request final distribution by way... Read more »

1 Answer | Asked in Civil Litigation and Probate for California on
Q: in california probate court a document examiner has misspelled words in their report as well as typed the wrong case

number on the report. can this be used to discredit the document examiners competence for court trial? the examiner was hired by opposing party under their direction to state that a signature does not match. but their are two witnesses to the will that verified that the decedent signed the will.

Howard E. Kane
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Howard E. Kane
answered on Jun 3, 2022

I suspect that if the document examiner is not competent, then the court would have figured that out beforehand and they would have been fired. However, if you wish to challenge their opinion by establishing that the document examiner did not take time to properly evaluate the matter, then the... Read more »

2 Answers | Asked in Probate and Estate Planning for California on
Q: My father passed away February 7th of this year.I have been residing in my father's house since June 3rd of 2021.

My brother is executor of the trust, 75% of all assets. I'm no provisions..What are my rights as far as staying in the house? How much notice must he give me? No probate yet.

Howard E. Kane
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Howard E. Kane
answered on May 31, 2022

I'm sorry to hear about your loss. If the property is in a Trust, then the Trust may discuss the issue of possession. However, if the property is mentioned in your father's Will, then your brother should file a Petition for Probate so that ownership can be transferred to you and your... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: In California after death of spouse and court has approved spousal property order for real estate do I now need a deed?

If so what type and what is procedure? Thanks

Howard E. Kane
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Howard E. Kane
answered on May 4, 2022

There is no need to record a Deed. Instead, I recommend obtaining a certified copy of the spousal property Order and then recording the certified copy of the Order at the county recorder's office.

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