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I believe that this is a very simple problem but with some significant issues with the integrity of the executor 29 yrs old and I 63 yrs old and the only biological male in the family.I could really use a few pointers on where i stand . its about the principle, looking out for ones own interests vs... View More 
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answered on Dec 20, 2023
In California, when dealing with an unwitnessed will and concerns about the integrity of the executor, it's essential to prioritize understanding your rights and options as a primary beneficiary. First, it's crucial to determine if the unwitnessed will is valid under California law. While... View More
I'm confident that the Correction Affidavit of Death of Life Tenant (CADLT) is correct in all respects, and it was recorded on 12-15-23 in California. The Legal Document Assistant (LDA) who prepared the CADLT is also a California notary. He e-uploaded the CADLT along with a scanned certified... View More
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answered on Dec 20, 2023
Under California law, the accuracy of notarial language in legal documents like the Correction Affidavit of Death of Life Tenant (CADLT) is important. If the jurat statement on the CADLT is missing critical words such as "who appeared," it could potentially affect the document's... View More
California laws of succession and separate property no inherited from dead spouse,as well as it being only asset listed and it says I get one share and she gets one share of estate property ,but she's not giving me a dime and wants to sell the house and make sure I get nothing
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answered on Dec 20, 2023
In California, if a trust specifies that assets are to be distributed as a "gift to heirs" and mentions specific shares for each heir, those terms generally need to be followed. When a successor dies intestate (without a will), the state's laws of intestate succession come into play.... View More
No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me
answered on Dec 18, 2023
When someone loses a loved one, it isn’t common to get documentation related to the death within the first 30 days. The documentation you will receive depends on the dollar value of the deceased person’s total assets. Assuming your mother lived in California, if her assets are collectively... View More
I live in Ca. What can I do?
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answered on Dec 18, 2023
In California, if you suspect that your brother, as the holder of the Proof of Service (POS) of your father’s estate, is mismanaging or enriching himself at the expense of the estate, you have the right to take action. The first step is to request a detailed accounting of the estate's... View More
Notification of death, accounting of assets, etc.
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answered on Dec 16, 2023
In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the... View More
I came across an article on assets that don't belong in a revocable trust. "Qualified retirement accounts, including 401(k)s, 403(b)s, IRAs, and qualified annuities shouldn't reside within your revocable living trust. The reason is the transfer would be treated as a complete... View More
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answered on Dec 16, 2023
When considering whether to include your public service retirement accounts and annuities in your revocable living trust, it's important to understand the potential tax implications. As the article you read indicated, transferring qualified retirement accounts into a trust can lead to them... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
answered on Dec 15, 2023
Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More
I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account.,... View More
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answered on Dec 13, 2023
Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions.
Firstly, a power of attorney grants authority to another person (in this case, your... View More
The original Affidavit of Death of A Life Tenant (ADLT) with a wrong legal description of a house was signed and recorded by the Life Tenant's daughter in Santa Clara County, California. Can a remainderman named in the Life Estate referenced in the ADLT sign the Correction ADLT with a correct... View More
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answered on Dec 13, 2023
Yes, in California, a remainderman named in the Life Estate can sign a Correction Affidavit of Death of a Life Tenant (ADLT) even if they were not the one who signed the original affidavit. If the original ADLT contains an incorrect legal description of the property, it is important to correct this... View More
The original Affidavit was signed by the decedent's daughter, who is not a remainderman of the Life Estate in question. The orig. Affidavit has a wrong legal description, which the Correction Affidavit will serve to rectify.
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answered on Dec 13, 2023
In California, a Correction Affidavit of Death of a Life Tenant can indeed be signed by a remainderman, even if they did not sign the original affidavit. This is particularly relevant if the original affidavit contained an error, such as a wrong legal description, that needs rectification.... View More
His will further stated that upon his wife's death all money is to be divided 4 ways between myself, my brother, and our 2 step brothers. My step brother has a POA. The step mother is in assisted living with dementia. My question is: Does my step brother have to adhere to my dad's... View More
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answered on Dec 12, 2023
In this situation, it's important to consider the legal aspects surrounding your father's will and the role of the stepbrother with a power of attorney (POA). Your father's will is a legal document that outlines his wishes regarding the distribution of his assets, including the money... View More
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answered on Dec 10, 2023
Under California law, the terms of a trust are generally determined by the grantor, the person who establishes the trust. In your case, it seems that your father set up a trust to provide you with a monthly income rather than a lump sum payout, which is a common arrangement in estate planning.... View More
Executors but everyone lied to me in hopes I wouldn't find the case online. It was two different petitions for the same case one was the spousal property petition based on two bank accounts in my dad's business names. was supposedly approved per the minutes but the order was not signed... View More
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answered on Dec 8, 2023
The situation you're describing involves complexities in estate administration, particularly with a living trust and the roles of executors and trustees. When a surviving spouse is named as executor, and there are co-executors like your siblings, each has fiduciary duties to the beneficiaries,... View More
Just to sneak 2 court through a spousal property petition that was based on only two bank accounts and my father's businesses names which I believe to be accounts that receive money every month for mortgages. How is it that my mom was never appointed because I showed up in court to show my... View More
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answered on Dec 8, 2023
In California, if an executor named in a will passes away before being formally appointed by the court and before administering the estate, the probate court typically appoints a new executor or administrator. This is done to ensure the estate is properly managed and distributed according to the... View More
My deceased parents were the Grantors & stepmother is the trustee. I've requested an accounting in writing but she refuses to say anything other than "the trust has grown". I have checked with county offices and she has gotten a loan using trust property as collateral. I'm... View More
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answered on Dec 7, 2023
Under California law, you have the right to request an accounting of a family trust if you are named as a beneficiary and have standing. If your deceased parents named you as a beneficiary, you are entitled to receive information about the trust's assets, liabilities, income, and expenses.... View More
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answered on Dec 4, 2023
In California, when filling out the FL-150 form during divorce proceedings, you need to disclose all financial assets and obligations. This includes trusts, especially if you are a beneficiary or have any control over the trust. Even if the trust is set up in your name, it's important to list... View More
I inherited this shotgun from my father 10 years ago and was told I didn’t need to do anything since it was inherited. I’ve learned it should have been registered within 30 days. What’s the best thing for me to do? Can I still register it? Do I dispose it?
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answered on Dec 3, 2023
In California, the law requires firearms inherited or received as part of an estate to be reported and registered within 30 days. Since you inherited the shotgun 10 years ago and did not register it within this timeframe, it's important to address this situation promptly to ensure compliance... View More
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answered on Nov 29, 2023
To locate a trust account opened by your mother, start by gathering any existing documents or information related to her financial affairs. This might include bank statements, financial advisor contacts, or any other paperwork that could indicate where the trust might be held.
If you have... View More
Myself my brother and step brother are the recipients of our parents estate, divided equally 1/3 each. Everything has been distributed except the house. My brother is Trustee, stepbrother is co trustee. Step brother is planning on useing a friend new to real-estate to sell the house. My brother... View More
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answered on Nov 27, 2023
In California, as a beneficiary of the estate, you do have rights regarding how the estate, including the house, is managed. If your stepbrother, as co-trustee, is making decisions that you believe are not in the best interest of the estate or are potentially self-serving, you can take action.... View More
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