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My sister and I are both executors and only beneficiaries of my mom’s personal residence real estate. Pursuant the will, we each have a 50% interest. We are almost to the end of probate in Ca (Solano County). Getting ready to file the Order for Final Distribution. My sister wants to buy me out... View More 
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answered on Jan 31, 2024
In California, a sibling-to-sibling transfer of a principal residence can be exempt from property tax reassessment under certain conditions. Since you and your sister are both executors and beneficiaries, it's possible to structure the buyout in a way that preserves the property tax exclusion.... View More
My sister is trustee of the trust, I have not seen the trust but I know about it because my mother told me. My sister and I don’t talk, but she has not performed her duties in distributing the trust
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answered on Jan 29, 2024
Under California law, as a beneficiary of a trust, you have certain rights when it comes to the administration of the trust. If the trustee, in this case, your sister, is not fulfilling her responsibilities, there are steps you can take to address this issue.
First, you have the right to... View More
The amount resting with the State of Ca is about $12-15K. It is a combination of Family Trust, Life insurance and stock dividends. How do I make my sister - the executor-deal with this. I have tried and tried to get her to do something, offered to help etc but she kept saying she "would get to... View More
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answered on Jan 27, 2024
Under California law, if assets from a Family Trust have escheated to the state, you can reclaim them through the State Controller's Office. This process involves filing a claim form, which requires proof of your entitlement to these assets. The form and guidance can be found on the California... View More
answered on Jan 26, 2024
Certainly, Sergio. Here's a revised version:
The accurate response hinges on the precise language outlined in the trust documents.
In our family, both sets of parents, including my in-laws, as well as my wife's and my revocable trusts, were structured identically. The... View More
My wife and I we were caregivers for my mother and father. My father passed away, and my mother now lives in an assisted living home. My brother, the power of attorney has allegedly sold the house or told me and my wife that the house is sold. We’ve been given one week to move out, we were told... View More
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answered on Jan 26, 2024
In California, if your brother, as the power of attorney (POA) for your mother, has sold the house where you are living, it’s important to understand your rights in this situation. First, ensure that the POA was properly exercised in selling the house. The POA must act in the best interest of... View More
Bought it for 260,000, and sold it in 2024 for 1.3M. Her husband passed 7 years ago. She is 64 and only has income from SS at 24k a year. Lives in CA. Is it true that if she earns less than 47k in 2024, 44k in 2023 she will not have to pay any capital gains from the sale of her principal... View More
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answered on Jan 25, 2024
Under federal tax law, when selling a principal residence, an individual can exclude up to $250,000 of capital gains from their income if they meet certain conditions. Since your sister-in-law has owned and lived in the house for more than 2 out of the last 5 years, she qualifies for this... View More
My fiance's is in court going after his sister (successor Trustee) for criminal activity in regards to his mother's trust. His sister successfully evicted us, but would not allow me back into the house to get my stuff. I lived there for 14 years! She had some big fat guy make sure that I... View More
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answered on Jan 23, 2024
In California, if you were unlawfully prevented from retrieving your personal belongings after an eviction, you have the right to take legal action. As you were a resident of the property for 14 years, your belongings are your personal property, and denying you access to them can be considered... View More
It's been 16 months since my Auntie passed away but the trustee hasn't provided all the information that we need. The trustee had engaged an attorney whom we thought would help and guide them in the right administration of the trust, and in the right direction but, it seems what's... View More
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answered on Jan 18, 2024
Under California law, trustees have a fiduciary duty to act in the best interests of the beneficiaries, including being transparent and providing necessary information like the trust accounting and schedule of assets. If it has been 16 months since the passing of your aunt and the trustee has not... View More
Is it free for senior citizens
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answered on Jan 18, 2024
Lawyers can make house calls to assist with legal matters such as amending a will, especially for senior citizens who may have mobility issues. However, whether this service is offered and any associated costs can vary depending on the law firm and the location.
While some attorneys may... View More
answered on Jan 17, 2024
If your parents had separate trusts, it’s highly unlikely your mother would have any right to modify his trust document if your father were alive, but it’s even less likely she will be able to change his trust after he has passed.
The Trustee who steps up after the Settlor/Trustor dies... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
answered on Jan 17, 2024
I'm sorry for the loss of your father. There are strict ethical codes for lawyers who represent Trustees. Those lawyers are not allowed to represent or advise any beneficiaries. Lawyers have a choice of representing EITHER the Trustee (but only in his capacity as Trustee) OR represent one or... View More
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answered on Jan 17, 2024
Under California law, there is no fixed timeframe for the distribution of assets from a will or trust, as it varies depending on several factors. The process of settling an estate through probate can take anywhere from a few months to a few years. Probate is the legal process through which the... View More
we sold her house and got over a million dollars will be doing taxes so.
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answered on Jan 16, 2024
Under California law, as a power of attorney for your mother, your responsibilities and powers are governed by the terms of the power of attorney document and relevant state laws. In managing the trust funds, including money from the sale of her house, you must act in your mother's best... View More
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answered on Jan 16, 2024
In California, when a person passes away with an auto loan in their name, the loan does not automatically transfer to another person, including a spouse. The estate of the deceased is responsible for the debt. If your mother wishes to use and eventually sell the car, the loan must be addressed.... View More
16 months now and we haven't received any trust accounting. And the trustee doesn't give us schedule of assest. We sent them emails multiple times requesting for accounting but no response. One of my cousin is listed as co-trustee but they never ask him to participate. They keep my... View More
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answered on Jan 15, 2024
In situations where beneficiaries of a trust are not receiving proper accounting or communication from the trustee, it is important to know your rights. Under trust law, beneficiaries are typically entitled to certain information about the trust, including accounting details and the schedule of... View More
We believed that the number1 trustee listed is doing manipulation of the trust. Trustee is not responding to our request for trust accounting. What is the role of a co-trustee. We want my cousin to exert his right as a co-trustees to have a check and balance. Recently the trustee sold a property... View More
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answered on Jan 14, 2024
Under California law, a co-trustee has the same rights, duties, and responsibilities as the primary trustee. This includes managing the trust's assets, ensuring the trust's terms are followed, and acting in the best interests of the beneficiaries.
Your cousin, as a co-trustee,... View More
Mother doesn't want them in her house. Can I take possession?
There are 5 handguns. Purchased before 1990, so most likely pre registration mandates. Wouldn't be surpised if they are all not registered.
Family friend who is a police officer has taken posesssion and... View More
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answered on Jan 14, 2024
Based on the details provided, here are a few key considerations for transferring those firearms in California:
- Since your father passed away over a year ago, you cannot directly inherit the guns or add them to a parent/child family trust. Those processes require the parent to be alive.... View More
After my mother's passing we did not receive no money and he got remarried 6 months after my mom passed cuz he was cheating
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answered on Jan 14, 2024
Under California law, the distribution of assets like a 401K is governed by the beneficiary designations set forth in the account. If your mother's 401K designated her husband as the 100% beneficiary, then he is legally entitled to receive the entire amount, regardless of any other mentions or... View More
Family transfer. The owner sold it to a trust in her name and she died one week later. She had no family and I did everything from cleaning to grocery shopping for two plus years. They have asserted themselves in her life two months before she passed in nursing home they put her in. He has... View More
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answered on Jan 14, 2024
This situation raises serious concerns about potential elder abuse and fraudulent activities related to estate and trust management. In California, there are laws to protect individuals from such exploitation, especially in the context of probate and trust matters.
First, you should gather... View More
My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.
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answered on Jan 13, 2024
The tax implications of selling a house that was held in a trust can be complex and depend on various factors, including the type of trust, the terms of the trust, and the tax laws applicable to the trust and the beneficiaries. Generally, if the trust is a non-grantor trust, the trust itself may be... View More
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