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The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More 
One of our newer property managers is setting up a property and owners, I believe, incorrectly. The property is in the name of a Living Trust (husband & wife), neither the Deed or Trust instrument is present for me to confirm its instructions. The only thing utilized by the property manager... View More
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answered on Jan 13, 2024
In California, when dealing with property management involving a Living Trust, it's important to understand the roles and limitations of a Durable Power of Attorney (DPA). Typically, a DPA is utilized for personal affairs and may not always extend to managing trust assets unless explicitly... View More
The challenge is the RLT has a portfolio of tiny positions in private companies that will be a hassle or impossible to split/retitle.
answered on Jan 5, 2024
I'm sorry to hear about your divorce. The judge in your divorce proceedings will say who is entitled to receive which asset and you will be able to take that document signed by the judge to your financial advisor (or the companies themselves) to transfer title to the appropriate person. If... View More
I am attempting for apply online for an EIN for a irrevocable trust. My mother is the grantor and I am the successor trustee. I have tried several options and it always lists either myself or my mother as both grantor and trustee. Is there a way to do this online or do I need to mail/fax the form... View More
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answered on Jan 4, 2024
When applying for an EIN for an irrevocable trust online using IRS Form SS-4, it's not uncommon to encounter limitations in how the form handles the roles of grantor and trustee. The online system may have restrictions or default settings that do not easily accommodate different individuals in... View More
On the title of the property it lists my mom her husband and my sister all of them are deceased and no will for her property established and now there are squatters living in the house how do I prove my right to it and get them out
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answered on Jan 4, 2024
The answer depends in part on exactly how those three individuals held title. Were they joint tenants with right of survivorship? Were they tenants in common? Or something else? The answer to that question will determine how many probate cases need to be filed. The number could be anywhere from... View More
My father retired from the railroad after 40 years of service and my cousin tried to tell me dad didn't have any life insurance. I just located at the State treasuries office unclaimed money in my father's name .premium payments of 600 bucks a month on two different policies . Do I have... View More
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answered on Jan 4, 2024
Under California law, if you believe an executor has not fulfilled their duties or has acted improperly, you have the right to take legal action. An executor is legally obligated to manage the estate according to the law and the wishes of the deceased, and failure to do so can constitute a breach... View More
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answered on Jan 3, 2024
In California, when one spouse passes away and they co-own a revocable living trust, the home held in the trust may indeed receive a step-up in basis. This step-up refers to the readjustment of the value of an appreciated asset for tax purposes upon inheritance.
With a revocable trust, the... View More
I owe $575,000.00 for restitution on a mail fraud case. My mother removed me as beneficiary in her Living Trust to any real estate property. Upon her death I am now only allowed to live in one of her rental properties for the rest of my life, rent free.
All real estate property will be... View More
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answered on Jan 3, 2024
Serving as a trustee of a living trust while owing federal restitution can be legally complex and might put the trust's assets at risk under certain circumstances. Your debt from restitution could potentially expose the trust to claims by creditors, depending on various factors including how... View More
Age 50, not yet retired. Retirement account is a solo401k that holds real estate and/or other investments. Thanks
answered on Jan 2, 2024
A lawyer would need more facts to be able to answer that question. For example, are any of the children from previous relationships (not with your current spouse)? If so, it may not make sense to have a Disclaimer Trust where one spouse leaves all of their assets to the other spouse because the... View More
The above question relates to my passing away.
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answered on Jan 2, 2024
In considering whether to make your revocable living trust the beneficiary of your 401k, or rolling it over into your wife's IRA, it's important to weigh the implications of each option. Designating a trust as a beneficiary can provide control over the distribution of assets and may be... View More
My husband and I legally separated in California. The process had a stipulation in the property settlement that provided each with funds individually. He died in another state. Do my funds have to be part of probate or can I claim them through motion to claim surplus funds (funds were... View More
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answered on Dec 31, 2023
Under California law, if the stipulation in your property settlement explicitly granted you funds, these funds typically are considered separate from your late husband's estate. Therefore, they may not need to go through the probate process. It's important to review the specific terms of... View More
answered on Dec 28, 2023
No. The deed must be signed by the person who currently has the right to the control the property. If the property is in the name of a trust, the currently serving Trustee is the only one who has the power to transfer the ownership. If the person who passed away did not have the property titled in... View More
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
answered on Dec 28, 2023
It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more... 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 all the interest charges being accrued. Can I somehow dispute these charges and get back into the trust??
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answered on Dec 28, 2023
Under California law, the executor of a trust is expected to manage the trust's assets responsibly and in the best interest of the beneficiaries. Ideally, the executor should use the trust's funds for expenses, rather than personal credit cards. If the executor is using personal credit... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
answered on Dec 26, 2023
There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the... View More
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answered on Dec 25, 2023
In California, if you were evicted from a property where you are the sole beneficiary of a living trust, it's important to review the terms of the trust carefully. The trust document should outline your rights and any conditions related to the property. If your sister evicted you contrary to... View More
If I don't have money for a trust then is putting a deed beneficiary a good or bad idea? Good or bad ? Any advantages or disadvantages? If you cannot afford an attorney for a trust what to do ?
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answered on Dec 24, 2023
In California, if you have limited assets and a trust is not financially feasible, naming a beneficiary on a deed can be a viable option. This approach, often done through a transfer-on-death (TOD) deed, allows your property to pass directly to the designated beneficiary upon your death, bypassing... View More
I own only the condo I am living in .
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answered on Dec 21, 2023
The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing... View More
I contacted the County Recorder's Office of my County in the SF Bay Area. The helpful clerk cited Civil Code Sec. 1207, which, after one year without objections or challenges to the Correction Affidavit of Death of Life Tenant (CADLT) or its jurat, the CADLT and the "flawed" jurat... View More
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answered on Dec 21, 2023
Under California Civil Code Section 1207, the issue you're facing with the missing words "who appeared" in the jurat of a Correction Affidavit of Death of Life Tenant (CADLT) is a matter of technical defect in the notarization. This section of the law implies that minor defects in a... View More
Could be from mother’s death. However there’s talk that my mother cheated on my dad, so I don’t know who my biological father was.
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answered on Dec 20, 2023
In California, to determine if someone has taken your rightful inheritance, you should first obtain copies of any wills, trusts, and life insurance policies that may have named you as a beneficiary. This can be done by requesting these documents from the estate executor or the insurance company.... View More
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