Get free answers to your Estate Planning legal questions from lawyers in your area.
In handling our father's estate after his recent passing, my brother claims that my father repeatedly designated him as a beneficiary at several financial institutions. His lawyer reiterated this claim eight times in a letter to me. Days before our father died, my brother invited our... View More 
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answered on Mar 27, 2025
I understand you're facing a difficult situation with your brother concerning your father's estate. This type of family conflict during grief can be especially painful, and I'm sorry you're going through this.
Your brother's actions raise legitimate concerns,... View More
My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More
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answered on Mar 25, 2025
This is a tough one, but you have a couple of options. You can file a Petition for Probate and allege that your father died intestate (with no will), since you haven't seen the original will. If there is no original will, then the Court will presume that the will has been lost.... View More
I'm 75 years old, disabled, living in my car, and dealing with a life-threatening disease. My brother, the Trustee of our family's trust, has withheld my share for twenty years and denies me access to Trust or Will documents and any accounting. Although I've read the Trust before and... View More
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answered on Mar 19, 2025
You’re dealing with a serious legal situation, and it’s important to take action quickly. Since your brother has withheld your rightful share for two decades and engaged in potentially fraudulent activity, you may need to file a petition in probate court to remove him as Trustee. The court can... View More
If a married couple experiences a tragedy where the husband is injured and left brain dead, the wife becomes his caregiver. They don't qualify for government-funded caregiving, and she can't work due to his needs. It was suggested that they should divorce and sign assets to a new... View More
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answered on Mar 19, 2025
There are solutions but WAY MORE information is needed to provide advice tailored to your particular situation. Do yourself a huge favor and schedule a consultation with an elder law attorney even if you are not “old”.
You might be very surprised at what an experienced attorney can... View More
What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.
answered on Mar 18, 2025
There are a number of ways a person can take over another person's business, including through a Trust or Will, by incorporating or forming an LLC and having specific language in the legal documents, etc. The law in California is that anyone with "probatable" assets valued at more... View More
I am a 94-year-old single woman with a home valued at $450,000. I previously had a will but cannot find it. In the past, I expressed in writing that I wanted the house to go to my daughter and a granddaughter. Now, I want to change my decision and ensure none of my grandchildren or my daughter... View More
answered on Mar 17, 2025
You can make a new will, revoking any and all previous wills. That is the quickest and easiest way to make your wishes known. You should also consider a consultation with an estate planning attorney to see if another vehicle, such as a trust, might be advantageous. You can also make an advance... View More
My husband passed away in the state of CA. He left bank and retirement accounts, all with POD/beneficiaries. I was able to close those accounts and retrieve balances without going to probate. He had a business credit card for his corporation that has a balance of ~40k. This corporation is owned by... View More
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answered on Mar 17, 2025
In California, assets with designated beneficiaries (POD accounts) generally pass outside of probate and are typically protected from creditors of the deceased. Since you've already transferred these accounts as the named beneficiary, these funds should be sheltered from most creditor claims.... View More
My cousin passed away a year ago, and I'm her Power of Attorney and Executor of her Estate. Her wishes were to have her ashes scattered at sea, but I didn’t inform her brother of this intention as I didn’t foresee him discarding them. After giving him her ashes, I discovered that he... View More
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answered on Mar 16, 2025
I'm truly sorry you're experiencing this difficult situation; what happened to your cousin's remains is not only hurtful but understandably distressing. In California, human ashes are legally considered cremated remains, and the state has specific laws about how they must be handled... View More
As a beneficiary of a trust, I am currently receiving assistance from government programs (SSDI/SSI, Medicare A & B, CalFresh, and Section 8) in California. I want to understand the best way to collect my inheritance while maintaining my services. The trust includes mentions of government... View More
answered on Mar 16, 2025
It is difficult for a lawyer to answer questions without having all the facts of a situation, but it sounds like a Special Needs Trust ("SNT") may be the best option for you. The purpose of SNTs is to provide funds to someone receiving government benefits without disqualifying them from... View More
My husband has agreed to waive his rights over all of my pension, life insurance, and bank account benefits in favor of my daughter. We are located in California, where the default beneficiary is the spouse. No legal documents are currently in place. We need this waiver to take effect immediately.... View More
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answered on Mar 16, 2025
You can create a straightforward waiver of rights letter in California to confirm your husband's intent to waive his rights to your pension, life insurance, and bank account benefits in favor of your daughter. Begin the letter by clearly stating your husband's full name, your full name,... View More
I was supposed to receive $100,000 as inheritance from my grandparents through a trust, but my father, who has the same name as me except for the middle initial, took it before I could receive it. This happened 20 years ago. My mother also used to pose as my wife and drained my bank account. I have... View More
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answered on Mar 15, 2025
You face several challenges because 20 years have passed, which likely exceeds California's statute of limitations for contesting a trust or inheritance issue. Generally, California sets a three-year limit from when you reasonably discover wrongdoing to take legal action. However, if you only... View More
As an assistant to an out-of-state personal representative of an estate located in California, I provided ordinary services documented through emails and texts. There is no written agreement, but the representative advised keeping track of time and expenses for compensation. The compensation has... View More
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answered on Mar 15, 2025
Your compensation as an assistant to the personal representative should come from the estate itself, not from the personal representative's own fee. In California probate, services that benefit the estate administration are typically considered administrative expenses paid directly from estate... View More
In California, the trust clearly states that the trustee will distribute 1/3 of assets to each of the three beneficiaries. The notice of the trustee went out within a month after the surviving spouse passed away, indicating this allocation. There are no terms in the trust regarding contesting... View More
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answered on Mar 14, 2025
In California, once you've received the trustee's formal notice along with the final accounting report and you've explicitly signed off agreeing to the distributions, your window to contest the trust generally closes. The 180-day contest period you're referring to typically... View More
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
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