In los angeles county how long and how much is a typical cost, if one exists, to remove and surcharge a trustee assuming they don't try to fight it? Is there a schedule of charges for court fees posted somewhere?
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answered on Apr 24, 2024
In Los Angeles County, the process of removing and surcharging a trustee can vary in terms of time and cost, depending on the specific circumstances of the case.
my lawyer emailed me a copy of the 1998 trust in March 2023, but I never saw it. But at the time, he told me it was too late to do anything about it anyway (past the deadline to file) since my father passed away over a year earlier in Feb 2022. But now, he is suggesting we can petition the court... View More 
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answered on Apr 24, 2024
Based on the information you've provided, it seems that your lawyer may have been negligent in not properly addressing the 1998 trust when it was first discovered, especially if it would have been possible to challenge the 2014 trust at that time. However, whether this constitutes legal... View More
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
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answered on Apr 21, 2024
Under California law, if your friend was previously deemed incapacitated but has now regained capacity, she may be able to assert her rights as a co-trustee and beneficiary of the trust. However, the specific details of the trust document and the circumstances surrounding her incapacitation and... View More
I cant find my dad's estate house, trust and alot of mineral rights but can't afford lawyer how can I find them I'm representative of estate only child only heir but she hid in her aka names
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answered on Apr 19, 2024
I'm sorry to hear about the difficulties you're facing regarding your father's estate. Here are some steps you can take to try to locate the assets without hiring a lawyer:
1. Check county records: Visit the county recorder's office where your father's properties... View More
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answered on Apr 18, 2024
Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.
In this... View More
My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More
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answered on Apr 17, 2024
In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.
Under the Dead... View More
Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More
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answered on Apr 15, 2024
Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:
1.... View More
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answered on Apr 13, 2024
Under California law, the best approach for handling a valuable timeshare depends on your specific circumstances and goals. Here are some considerations for each option:
1. Adding a co-trustee to the timeshare deed:
- Allows for joint management and decision-making regarding the... View More
Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.
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answered on Apr 11, 2024
I'm sorry to hear about your difficult situation. Here are a few key points and suggestions based on California law:
1. Title transfer: If the property was inherited and never properly transferred into your and your sister's names, the estate executor should have initiated a... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
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answered on Apr 10, 2024
I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.
Given... View More
My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?
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answered on Apr 4, 2024
In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More
House was inherited from my mothers trust. I am trustee and beneficiary. Not sure if transferor should be my mother, the trust, or myself as trustee.
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answered on Apr 4, 2024
Under California property tax law, the parent-child exclusion allows the transfer of a primary residence (and up to $1 million of assessed value of other real property) between parents and children without triggering a reassessment of the property value for property tax purposes.
In your... View More
I am a beneficiary in my grandparents trust, and it states that all beneficiaries must agree upon the sale of real property before it can be sold. My brother, who is also a beneficiary and a trustee, basically snaked half of my inheritance. I didn't have the money to contest anything or try to... View More
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answered on Mar 31, 2024
Under California law, as a beneficiary of a trust, you generally have the right to review and approve the terms of any sale of trust property. If the trust agreement requires all beneficiaries to agree to the sale of real property, you are not obligated to sign off on the sale unless you agree with... View More
Where can I find HUD approved language for a Living Trust to protect the lender and the HUD insured Reverse Mortgage? I believe this language is in a sample/template/boilerplate somewhere because the protection will be the virtually the same in every case. I would like to draft my Living Trust... View More
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answered on Mar 29, 2024
Finding HUD approved language for incorporating into a Living Trust, especially to protect both the lender and the HUD insured Reverse Mortgage, can be a focused task. Generally, such language is detailed in HUD's guidelines or provided by legal resources familiar with real estate and elder... View More
Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More
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answered on Mar 26, 2024
In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
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answered on Mar 21, 2024
In California, the executor, also known as the trustee in the context of a trust, is typically expected to pay for trust-related expenses directly from the trust's assets rather than using personal funds. This is to ensure that all transactions are transparent and the trust’s assets are used... View More
What if one sibling lives in the house, should he/she be responsible for the whole mortgage? Is it fair?
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answered on Mar 19, 2024
Under California law, if a person passes away without a will (intestate), the estate, including any real estate, is distributed according to state succession laws. If the deceased owned a home, its fate depends on how the title was held and whether the person had surviving relatives like children,... View More
Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.
answered on Mar 19, 2024
Speak with a probate/trust attorney. There are too many facts missing from your question for it to be answered accurately in this forum. For instance, how is title held to the house? Is it in a trust? It may be that the house has to go through probate; if so, it may be a while before it can be... View More
Just need to know if he left me anything n my oldrsisrers are not telling me
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answered on Mar 11, 2024
In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:
1. Request a copy from the trustee: The trustee (which may... View More
Legal Deadline: Mar 18, 2024 | Description: That makes 1 year from the day my father passed and I don't know if there is a time limit on a will.
My father passed in March of 23. My brother who lived there and step mother have been getting rid of many items and have let other people... View More
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answered on Mar 7, 2024
Under California law, when someone passes away, their will must be filed with the probate court in the county where they lived. If you believe your father left a will that names you as a beneficiary, but your brother and stepmother are not showing it to you, you have the right to take action. Since... View More
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