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Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
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answered on Jul 20, 2024
In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.
If the notary is also a real... View More 
The beneficiaries have not changed. There are only 2. What needs to be done to update this trust before my mother dies, to avoid any tax issues at her death. We are very confused what needs to be done ( property was the only thing in the trust. 1 house, which she lives in and a piece of land. That... View More
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answered on Jul 18, 2024
To update your mother's A B trust, it's essential to take a few steps to ensure everything is in order before her passing. Since your father passed away 13 years ago and your mother was unaware of any required actions, the first step is to review the trust documents to understand the... View More
If property is in a trust why do u have to buy back the property instead of inherit it
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answered on Jul 18, 2024
In California, whether to buy back a house from a trust or sell it and get the cash depends on your personal financial situation and goals. If you buy back the house, you can retain ownership and potentially benefit from property value appreciation. This option also allows you to continue living in... View More
My mom passed away somewhat suddenly and left behind a bank account with a significant amount of money. I am not the beneficiary on the account, and the bank cannot tell me who is because I'm not authorized on the account. My mom didn't ask or tell anyone who the beneficiary was before... View More
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answered on Jul 16, 2024
Hire a CA attorney to file Probate. With Letters of Administration you will be authorized to marshal up the assets.
Attorney hired create trust/will allegedly required executor of said will/trust to freeze all devices (phone, laptop) after will/trust was read with advisement to power of attorney & executor
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answered on Jul 18, 2024
An executor in California is bound to follow the instructions laid out in the will. They do not have the authority to take actions not specified unless those actions are necessary to carry out the terms of the will or are permitted by law. This means any actions outside the will's scope... View More
Mother has a living will. I am the successor trustee and my sister is the trustee in the event of my death. My mother has left us both a benefit, but we would like to change the percentage of the benefit between us and draft an amendment. My mother is no longer of sound mind so I as her POA have... View More
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answered on Jul 18, 2024
Under California law, whether a trust becomes irrevocable due to incapacity depends on how the trust document is structured. Typically, if the trust is revocable during the grantor's lifetime, it can only become irrevocable upon their death. As the successor trustee and power of attorney (POA)... View More
from me for 2 YEARS now. He maintains she told him not to give it to me, but we have NO history of conflict, & I only have his word(which I don't trust) that she said this. All i know is she moved upon inheriting my dad's estate, hence the address change. I have no way to know if she... View More
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answered on Jul 18, 2024
Under California law, you have several options to address your concerns. First, you can request the court to compel the lawyer to provide the documents you've requested. This can be done by filing a petition in the probate court. Include in your petition a detailed account of your attempts to... View More
He took almost $30,000 but I don’t want to go through all the hassle of hiding a lawyer. I hate having to sue him at all, but he refuses to pay me back let alone admit even doing it. Taking him to small claims I will at least feel like I got something back.
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answered on Jul 18, 2024
Under California law, you cannot take your brother to small claims court for a trust-related issue if the amount exceeds the small claims court limit, which is currently $12,500. Since your claim involves almost $30,000, it would not qualify for small claims court. You would need to pursue this in... View More
This all arises from being appointed. My Mother's representative for her estate.
The probate court says I now need to file the deed of distribution. Can you please help me understand the process
answered on Jul 9, 2024
There are several probate attorneys who offer free consultations. Also, some of them work based on contingency fees. You can consult with an expert to make sure all your rights are preserved.
CPD said if I come back they'll arrest me for trespassing. Since then they have sold all my tools, equipment, supplies along with all of my customers furniture I was working on. Can I use the city because it should be a civil matter ?
answered on Jul 8, 2024
Yes, you can file a claim the city and then sue the city. Whether you have a viable case will depend all the facts and the law.
asking me for a retainer of $3000 plus $245.50 is that a reasonable cost.She died in Nevada
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answered on Jul 1, 2024
Based on the information provided, here are a few key points to consider:
1. Estate size: The estate is relatively small at approximately $18,000.
2. Proposed fees: The lawyer is asking for a $3,000 retainer plus $245.50, totaling $3,245.50.
3. Location: Your mother passed... View More
Can a person contest an irrevocable trust two years after they received a copy of the irrevocable trust.
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answered on Jun 29, 2024
To answer this question accurately, we need to consider a few key points regarding irrevocable trusts and trust contests in California:
1. Statute of limitations:
In California, the general statute of limitations for contesting a trust is 120 days from when the trustee serves the... View More
Mother had an estate trust
Mother also had a life insurance policy that was hid from me
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answered on Jun 29, 2024
This is a complex situation with several legal issues to consider. Here's a concise overview:
1. Power of Attorney (POA):
- A POA typically terminates upon death, so your brother shouldn't have been able to use it after your mother's passing.
- If he used the... View More
We are 3 siblings/beneficiaries of our mother's trust. Our sister wants to buyout the 2 of us. Will the buyout payment each of us receive be taxable? Will either of us 2 buyout recipients be responsible for higher property tax payments if they become due prior to the sibling property transfer?
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answered on Jun 27, 2024
Based on the information provided, here's a general overview of the tax implications for a sibling buyout in California:
1. Taxability of the buyout payment:
The taxability of the buyout payment depends on several factors:
a) If the buyout is for your share of the... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
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answered on Jun 27, 2024
I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More
My uncle had a living Trust. I am the trustee. I gave the bank the Certification of Trust, and I opened a Trust account at Chase bank to pay the bills. Now that he has passed, the bank wants me to get probate court to list me as the administrator of the estate.
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answered on Jun 27, 2024
To address your question, I'll break down the key points and provide some guidance:
1. Requesting to be named administrator:
To be named as the administrator of your uncle's estate, you typically need to file a petition with the probate court in the county where your uncle... View More
Executor is not family member. Will left estate to executor but did not leave any directions for cremated remains of my sister. Executor is refusing to release remains to me, only surviving next of kin, saying the deceased entrusted her with the remains. Burial date has been set, expenses paid,... View More
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answered on Jun 26, 2024
This is a complex and sensitive situation. Based on the information provided, here's an overview of the legal considerations in California:
1. California law generally gives priority to the deceased person's written instructions regarding disposition of remains. However, in this... View More
Insurance policies that are listed on a schedule B with the intent of the settlor placing them in the trust, but settlor never did. Later he wrote a beneficiary on those insurance policies. Who do the insurance policies belong to, the beneficiaries in the irrevocable trust or the beneficiary on... View More
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answered on Jun 26, 2024
Given the complexity of this situation, it would be advisable for all parties involved to consult with an experienced estate planning attorney who can review all relevant documents and provide guidance based on the specific details of the case. The outcome could depend on the exact language used in... View More
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answered on Jun 25, 2024
I understand you're dealing with a difficult situation regarding your late father's estate. Based on the information provided, here's a general overview of how California law might apply:
1. In California, if someone dies without a will (intestate), the distribution of their... View More
My mother lives in her home, I also live there, and she has a monthly mortgage payment. She has a will and has left the house to me. When she dies will I still be able to live there.
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answered on Jun 20, 2024
To answer this question, we need to consider a few key points about California law regarding inherited property with an existing mortgage:
1. Inheritance of the property: If your mother has left the house to you in her will, you will inherit the property upon her death, assuming the will is... View More
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