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We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More 
answered on Nov 18, 2024
Unfortunately, there is no way to avoid a probate as that is the only way title to the property can be changed from your mother-in-law's name to her heirs. Also, if your husband has any siblings and/or nieces/nieces from a deceased sibling, they will be entitled to a share of the house.
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answered on Nov 17, 2024
To end a conservatorship in Los Angeles County at the Stanley Mosk Courthouse, you'll need to file form GC-380 "Petition for Termination of Conservatorship" along with form GC-020 "Notice of Hearing."
Before filing, gather evidence showing why the conservatorship... View More
I am dealing with potential forgery, fraud, and mismanagement of a Trust established for myself in which I am categorized under a ‘Special Needs Trust’ that does not reflect my circumstances. There's discrepancies; absence of my signature, false info, multiple drafts, fraud and complete... View More
answered on Nov 15, 2024
Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More
My mom has a Trust She passed in July 2024 in California My sister is executor whom I don't have a relationship with I'm a beneficiary along with three other siblings My sister refuse to give me a copy of the trust I have sent her demand letter still no response She has this mentality... View More
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answered on Nov 14, 2024
I'm sorry you're going through this difficult situation. When a property is held in a living trust, it typically transfers to the beneficiaries named in the trust without needing to go through probate. However, the deed usually remains in your mother's name until the trust is... View More
my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More
answered on Nov 14, 2024
Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More
My mom passed away and I am the trustee of her trust. I am sending out the notification by trustee under probate code section 16061.7. I am also sending out a waiver form to the beneficiaries if any wish to waive the 120 days for contesting the trust. I understand that all the beneficiaries would... View More
answered on Nov 13, 2024
You seem to be jumping from step 2 to step 12. There is A LOT of work that must be done before assets can be distributed to the beneficiaries named in the trust. I understand that everyone wants their inheritance ASAP, which is the case in 99% of trust administration matters. However, the law... View More
The company offers gift pre-planning for up to 30 years in advance for customers' children and grandchildren, and even skip-generation. The company is almost acting as a trust / an account where the company will withdraw money to gift to their descendants after the person's death. Can... View More
answered on Nov 10, 2024
It depends on what you mean by the term “partner.” Lawyers define the term as someone in a limited partnership or general partnership. The ethics code prohibits lawyers from splitting profits with non-lawyers in almost all circumstances. So, if you are asking whether lawyers can be in a... View More
Living trust has stocks worth 1.5 million. The financial institution wants to divide all stocks and move into beneficiaries account. When beneficiaries sell stock do they pay capital gains from stocks original purpose or from date received forward? Or is it better to sell all stocks and distribute... View More
answered on Nov 4, 2024
The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More
In 2021 I bought a house with my mom and dad and my wife and I all joint owners. My parents got sick and ended up in a Care Facility. My mom was mad so she called her trust attorney and change the title of the home to my mom and dad's personal trust. This caused a messed my the title on the... View More
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answered on Nov 1, 2024
Not familiar with the CA SOL, but your possible slander of title, conversion, quiet title, etc. suit will be apparently against your Parents and the Trustee. A partition action may result. Very doubtful you will want to file suit. But a board complaint might be made against the attorney if... View More
I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.
answered on Oct 30, 2024
No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More
My aunt has been in a rehabilitation/care home for over a year. My family have been trying to get to her money and property since her husband passed away, as she is vulnerable. Recently, my cousin somehow filed documents and got put on title to my aunt’s home and also claims to be financial POA.... View More
answered on Oct 31, 2024
Is this cousin your aunt's son or daughter? Is your aunt's lack of mental capacity preventing her from understanding what her child is doing?
Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More
answered on Oct 30, 2024
Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More
I called a private detective he referred me to an attorney that needed to prove that I was my dad‘s daughter. I sent her proof and then she referred me to another attorney since a client already hired her in the matter she did not enclosed any kind of information so I contacted this attorney, and... View More
answered on Oct 30, 2024
It sounds like you are a surviving heir to the estate of your aunt and may be entitled to notice of the probate proceed and potentially compensation. Due to the death of your father, this has become more complicated and involves you and your siblings, if you have any. You may be entitled to some... View More
answered on Oct 24, 2024
Yes.
First, chances are there's something you forgot that isn't joint - for example, any 401k or IRA is individual by definition. Or perhaps there are utilities that are only in one person's name. In order to access those in cases of incapacity, a spouse needs the POA.... View More
Which has not enclosed any information about this matter besides asking me to provide proof that am his heir (only) . Now they were to get ahold of me but have not nor returning my wail or phone calls. How do I get information about this matter would help?
answered on Oct 23, 2024
It is possible that the attorney who initially contacted you had consulted with someone looking to claim your late father’s assets and wanted to confirm if you were related and alive so that you may have a claim to your late father’s assets as an heir or beneficiary of his Will or Trust. It is... View More
she told me that I gave her enough proof and that she would be directing me to another attorney that a trust of a trust that my dad was the beneficiary. so I’ve emailed and called this attorney multiple times and have not gotten anywhere. Talk to a person that works for his office one time and... View More
answered on Oct 31, 2024
I do not practice in Estate Planning, but your question came up in the Arbitration/Mediation category, one of the selected tags. As a general note for ANY type of matter, it could be advisable to learn more before disclosing personal information if you've simply been contacted out of the blue.... View More
Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..
answered on Oct 20, 2024
If you have an interest in a California’s decedent’s estate, then you will want to retain a California attorney who practices in the field of orobate and trust administration and litigation to assist you in evaluating your rights and directing you how best to proceed.
If the California... View More
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answered on Oct 14, 2024
In Massachusetts, once you are appointed as a personal representative, you generally have up to one year to complete the probate process and settle the estate. This timeframe includes gathering and valuing assets, paying debts and taxes, and distributing the remaining property to the beneficiaries.... View More
Landlord supposeldy paid $200 to a state worker, who was already being paid by the state, to clean my dad's place depaioutr request to clean it ourselves, and $200 to me out of $1000 deposit (which was mot a cleaning deposit), but no explanation for the balance and kept all paperwork. Father... View More
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answered on Oct 12, 2024
I'm sorry for your loss. In California, your landlord is required to provide an itemized statement of any deductions from the security deposit within 21 days of the tenant's departure. Since your father passed away on September 4 and the landlord took more than 35 days without proper... View More
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answered on Oct 11, 2024
In California, a will generally needs to be signed by the testator and witnessed by two individuals to be valid. The law does not allow notarization to substitute for the two required witnesses. Even if the will is notarized, it may not meet the formal requirements for probate without witnesses.... View More
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