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The power of attorney states that it will continue to be effective even though I become incapacitated.
Does this obviate the need for a court appointed conservator in the event I become incapacitated?
Thanks.
Sam
answered on Dec 4, 2024
Please know that every Power of Attorney contains different language, so lawyers cannot give an opinion about a Power of Attorney without reading the particular document in question. Also, there are different types of POAs. A Durable Power of Attorney is set up to cover situations of incapacity.... View More 
house. Can I avoid property tax? Both of our name is on the grant deed.
answered on Dec 3, 2024
Unfortunately, almost all exchanges of real estate in California will cause the property tax rate to increase. There are VERY FEW exceptions (one such exception applies when a person transfers real estate to their spouse.) There are no exceptions for property transfers to siblings, cousins,... View More
I am in LA County, CA. sist er is trustee and has never provided me a proper accounting. She just told me that she sold the house to herself is that legal? Settling the trust is being heldup because she never provided me a proper accounting. I have been looking for attorney to take this case... View More
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answered on Dec 3, 2024
You can file an ex parte application for a temporary restraining order (TRO) with your local superior court to potentially halt the sale. Since you're in LA County, you would file at the Stanley Mosk Courthouse or another LA Superior Court location.
Your sister's attempt to sell... View More
There are 3 Joint Tenants/Trustees: 2 siblings and a parent doing a revocable living trust and a warranty deed and filling out the PCOR form.
Is checking L1 first box enough for 3 Trustees?
Is 2A date of transfer required in Santa Clara County?
Is it true that this county... View More
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answered on Dec 3, 2024
For a Santa Clara County PCOR form with three joint trustees, checking box L1 (change in trustees) is correct, but you'll want to list all three trustees' names in the appropriate section since they're all taking title together. While not all counties require the date of transfer in... View More
Besides PCOR, does Santa Clara County require a DTTA, transfer tax affidavit (R&T 11930) or recording fee exemption §27388.1(a)(2)(B) cover sheet? When there is no actual money involved in transferring the warranty deed from 3 joint tenants into a living trust in which the same 3 people are... View More
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answered on Dec 2, 2024
To avoid property tax reassessment when transferring property into a revocable living trust with three joint tenants in Santa Clara County, you should complete a Preliminary Change of Ownership Report (PCOR). Besides the PCOR, you typically need to submit a Transfer Tax Affidavit using exemption... View More
answered on Dec 1, 2024
I'm sorry, but lawyers cannot answer your question without more information. A conservatorium is a school that focuses on music courses. Perhaps you mean a conservatorship? If so, is it a conservatorship of your boyfriend or someone else? Again, much more information is needed before this... View More
My brother has been trying to divorce for quite awhile now. He is hoping to retain another lawyer who will take payments, since his has decided to ask for a second retainer because of a delay going to court and he does not have the lump sum nor a CC that he can use. He works full time but his... View More
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answered on Dec 1, 2024
Your brother's situation highlights several important legal concerns that deserve careful attention. Going to court with proper legal representation is crucial, especially given the complexity around the inherited property and quit claim deed situation.
The pressure your brother faced... View More
It would be from either Colorado, Ohio, California, Idaho or oregon
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answered on Dec 1, 2024
To find out if you're named in someone's will, you'll need to start by checking probate court records in the counties where the deceased person lived. This process is free and can often be done online through each state's court website or in person at the courthouse.... View More
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answered on Nov 27, 2024
Converting an irrevocable trust to a revocable trust is generally not possible under California law. The fundamental nature of an irrevocable trust is that it cannot be modified or revoked after creation.
However, there are some potential options to explore. California's Probate Code... View More
My brother delayed his divorce case and now his lawyer wants another retainer. Originally, he paid a retainer and then made monthly payments for services. He doesn't have the money! He can make payments but a lump sum isn't going to happen for a long time; he has been struggling with... View More
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answered on Nov 26, 2024
Your brother is in a challenging situation that requires careful handling to protect his inheritance rights while navigating California's community property laws.
Many lawyers will work with clients on payment plans, and your brother should have an honest discussion with his current... View More
My aunt had a living trust. She passed. My dad is the only one who has access to this trust. I was told my sister and I are listed in it but he wont allow us to see it.
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answered on Nov 21, 2024
If you are named as a beneficiary in a trust, you have a legal right to see the portions of the trust document that pertain to you, regardless of whether it was created in Arizona or California. This right is protected under both states' laws.
Your father, if acting as the trustee, has... View More
$ 3.5 million 401K + $ 400 K LI with a $ 3 Million house (all of which may go up to 10-11 million in 6-10 years) -> if the exemption is repealed in 2026.
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answered on Nov 21, 2024
Assuming this is a single person, you are close to having a taxable estate whether or not the doubling of the exemption is allowed to expire in 2026. You should seriously consider scheduling a consultation with an estate planning attorney with experience representing high net worth clients.
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
Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More
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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
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