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I am the ex-spouse and previous power of attorney for a deceased individual. I need a posthumous qualified domestic relations order (QDRO) and am wondering why a request for order is necessary. Is there a specific format for a posthumous QDRO?
answered on Mar 12, 2025
As I said in my response to your similar inquiry -- both parties sign the QDRO. It is a stipulated order. To get a deceased person to sign the QDRO, a successor in interest needs to be designated and then sign on behalf of the estate. You do not necessarily need a Request for Order. Instead,... View More 
In California, the executor of an estate, who is dealing with medical conditions, refuses to step down despite expressing willingness at one point. A lawyer reportedly told the executor that he cannot be removed solely based on knowing his name and date of birth. The will specifies a secondary... View More
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answered on Mar 12, 2025
In California, an executor can indeed be removed if beneficiaries show the executor is medically incapacitated or unable to fulfill their responsibilities effectively. The fact that the will specifically names a secondary executor in cases of illness or incapacity strengthens your position. The... View More
If I take out a personal loan and gift the money to someone else, can it be collected from the recipient if I pass away?
answered on Mar 10, 2025
When someone passes away and leaves assets, those assets are called the deceased person’s “estate.” The executor or trustee of the deceased person’s estate will be responsible for repaying all of the deceased person’s debts whether or not the deceased person had a trust or will. (The... View More
I am being asked by my lawyer to sign a statement saying that I have read and approved the final trust documents, but I haven't seen the final version yet. I have received drafts where I've requested edits, but my lawyer has not explained why I need to sign before seeing the final... View More
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answered on Mar 9, 2025
Your concerns here are completely valid. Trust documents are crucial because they determine how your assets are managed, and you must fully understand and agree with the final terms before signing. Asking you to sign a statement affirming you've read and approved documents you haven't... View More
Is a Resident Agreement of a Residential Care Facility for the Elderly (RCFE) in California valid if the agreement was signed by a prospective resident who was disoriented, had a severe mental health disorder, and was deemed incompetent to manage her own financial affairs? The resident's son,... View More
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answered on Mar 9, 2025
In California, an agreement signed by someone who lacks mental competence or is disoriented at the time of signing generally raises serious validity concerns. If your loved one was suffering from severe cognitive impairment, mental health issues, or had been declared incompetent for managing... View More
By law, is an escrow company required to issue a check in the name of the revocable trust that holds the property at closing?
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answered on Mar 9, 2025
In California the check would usually be made payable to the trustee as trustee of the trust that owns the property. In some other states the check could be made payable just to the trust.
If the trustee has changed you need to supply the title company with an updated certification of trust.
In California, the Trustee has presented the first annual accounting of my trust, showing only monthly sums for Trustee and legal counsel fees without details. When I requested more detailed information, I was informed that the details of the legal fees are protected by attorney-client privilege... View More
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answered on Mar 7, 2025
As a beneficiary of a trust in California, you generally have broad rights to information about trust administration under Probate Code sections 16060-16069. When trustee fees approach $100K, your request for detailed breakdowns is reasonable and typically within your rights. While trustees must... View More
My father's will left his house 50/50 to me and my sibling. I'm the executor and plan, per our agreement, to transfer 100% ownership of the house to my brother. He previously signed a "Waiver of Accounting & Consent to Sale of Real Property," which was filed with a Notice of... View More
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answered on Mar 6, 2025
To transfer 100% ownership to your brother, you'll need to file a Petition for Final Distribution with the court, specifically requesting the property be distributed entirely to your brother according to your agreement. The previously filed Waiver and Notice of Proposed Action are helpful... View More
I was involved in an accident in 2003 when I was about 10 years old, and a court case was held regarding the settlement. I never received the settlement, and I do not have any documentation. My family members or guardians were involved in managing the settlement, and there might be a trust fund or... View More
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answered on Mar 5, 2025
To find your missing accident settlement from 2003, start by gathering any information you can from family members who were involved. Ask about the court case details, attorney names, insurance companies, and potential trust fund information. Even small details might provide crucial leads to track... View More
What happens if the sole beneficiary of a will in California dies before the will is executed, given that the deceased beneficiary has a child, no provision was included for such a circumstance, probate has not started, and no other beneficiaries are named?
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answered on Mar 3, 2025
This is a very easy problem to solve. The testator can have a new will drawn up with a revised plan of distribution and execute the new will.
My father recorded a video will after signing a Transfer on Death (TOD) deed for our jointly owned property. The TOD, dated September 8, 2020, specifies a 50/50 split between my brother and me. However, the video will states that my father leaves everything to my brother. The house is already under... View More
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answered on Mar 3, 2025
In California, a Transfer on Death deed (TOD) is generally considered a non-probate transfer that takes precedence over subsequent wills. Once properly recorded, a TOD deed effectively removes that property from what can be distributed through a will. This means the video will your father created... View More
I need to obtain copies of a testament in which I am included. My brother, who was the executor, has not provided me with any information or documents from the estate proceedings, which have already concluded. How can I formally request or obtain these copies?
answered on Mar 2, 2025
The court where the probate proceedings were held will have the will on file. You can go there and view the file and have copies of whatever you need.
I am the executor/trustee of an estate and have inherited a home. However, I am considering filing for bankruptcy to clear my personal debt, which includes credit card and personal loan debts, unrelated to the estate or home. I am currently employed and have not previously filed for bankruptcy. Can... View More
answered on Feb 28, 2025
Eligibility for the different chapters of the Bankruptcy Code are in Section 109.
Here are two helpful sitess:
www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c... View More
I am the beneficiary of a trust in California, set to inherit a membership in a multi-member LLC. I want to take title of this membership interest with my wife as community property. The trust names me as a beneficiary but doesn't require the LLC membership to remain solely in my name. The... View More
answered on Feb 28, 2025
It is a common mistake for a beneficiary (the person who benefits from a trust by receiving an inheritance) to believe that an asset belongs to them even though it is still located in another person’s trust. But, while the asset is in another person’s trust, the asset belongs to the trust. It... View More
My sons custodial account has done surprisingly well, generating 13,000$ from an initial 1,600$ through options. Can I withdraw the money from the custodial account to pay its capital gains taxes or do I need to use my own money to pay for the child (as money can only be used for the benefit of the... View More
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answered on Feb 28, 2025
You can withdraw funds directly from the custodial account to pay the capital gains taxes, provided those taxes result from income generated by the account itself. Since the custodial account belongs to your child, the IRS views taxes on its gains as a legitimate expense benefiting the minor.... View More
I am dealing with multiple restraining orders allegedly filed against me. One was put in place by a judge supposedly due to my use of a joint credit card with my father, despite my having a power of attorney. My siblings have since filed another restraining order. Both orders seem to have similar... View More
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answered on Feb 25, 2025
Filing restraining orders as retaliation is generally not advisable and could potentially harm your case. Courts typically view retaliatory restraining orders unfavorably, and judges may interpret such actions as an attempt to manipulate the legal system rather than address genuine safety concerns.... View More
My mother recently passed away, and there was an occupational death insurance settlement check issued to her estate. There is no executor appointed, and no will or instructions were left behind. The estate is to be split amongst the five surviving adult children. The oldest sibling has been... View More
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answered on Feb 25, 2025
In California, when someone passes away without a will (intestate), you'll need to establish legal authority to handle the estate. For a check made out to your mother's estate, the court typically requires someone to be appointed as the administrator through a probate proceeding. You can... View More
I am currently suing my doctor for medical malpractice due to a prescription error. The prescription was for Baclofen 20mg, to be taken three times a day. I am 78 years old and suffer from stage three kidney disease, yet Baclofen is contraindicated for patients like me. After two days of taking the... View More
answered on Feb 24, 2025
There are many ways to find expert witnesses. These include asking doctors you know to recommend someone. Searching past cases to see what experts testified. There are also companies that have a roster of experts.
All of these methods, have the same problem that you have run up against.... View More
What happens if a trust was not funded with a bank account but left to a beneficiary with a POD account that was excluded from the trust? With two trustees listed and no funding in the trust, and the grantor having decided that the house should be sold, who is responsible for paying for home... View More
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answered on Feb 22, 2025
When a trust lacks funding and the bank account was left as POD (Payable on Death) outside the trust, it creates a challenging situation for handling home repairs. The trustees have a fiduciary duty to maintain the property, but without trust assets, they cannot directly access funds for repairs.... View More
I am in California and I want to set up a trust for me and my husband to ensure our assets go to the persons and charities we choose. We want to include our home and all our investments in this trust. We also have specific beneficiaries and wish to complete this within this year. I have not yet... View More
answered on Feb 22, 2025
It depends on where you are located. I have friends in Orange County who charge $7,500 and up for two people. I’m in Monterey County and we are closer to $5,000 for a married couple or registered domestic partnership. Be sure to ask what you get for that cost. My firm, for example, gives 12-20... View More
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