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Landlord purchased property from me with claus which states "Property sold as is; seller will not remove any personal property and/or debris. // Buyer accepts occupant (brother) as a tenant with no rental income for term of 2 years." Landlord interpretation of clause includes all personal... View More 
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answered on Dec 13, 2023
Based on the information provided, since your deceased brother had a valid 2-year lease at the time of his passing, you as the sole legal heir to his estate likely have the right to retain possessions located within the rented residence through the end of that lease term. The lease agreement... View More
Domicile is in California. Dad is 91 and the trustee. Funds have been removed from irrevocable trust in which myself and two brothers were to be equally compensated. He appointed the proceeds of the real estate to himself and his own trust but never recorded anything. He never gave a copy of the... View More
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answered on Nov 17, 2023
Under California law, a trustee cannot arbitrarily remove a beneficiary from an irrevocable trust by invoking the "changed circumstances" doctrine to defund it. Such trusts are typically designed to be unalterable, and the trustee's role is to manage the trust assets according to the... View More
now we expect home insurance claim checks that can only be addressed to her name. I am confident that I can petition the court for Letters or Testamentary on my own. But I want to be sure that the court will only consider this property that needs their appointment, specifically the insurance... View More
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answered on Nov 15, 2023
In California, as a trustee of a living trust, dealing with assets like insurance claim checks made out to the deceased can be managed through the probate court.
When you petition for Letters of Administration (not Testamentary, as those apply to wills), the court's focus will... View More
Do I have a legal right to the home even if I have my brother admit she wanted me to have the home?
answered on Nov 13, 2023
No, unfortunately. All real estate transactions MUST be in writing and signed by the person giving up their ownership. That's the law. Hopefully, your mother had a Trust (not a Will) and the Trust says you will receive the property. Otherwise, it's likely the property will be divided... View More
After Petition for Ownership filed, case no & court date - explain the 60 day period for trust assets before court ruling
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answered on Nov 13, 2023
In California, after a Petition for Ownership regarding a living trust is filed, and a case number and court date are assigned, there is often a 60-day period before the court ruling. This period is crucial for notifying interested parties, including beneficiaries and heirs, about the proceedings.... View More
He didn't contact his brothers regarding her house and everything is in his name, Do I have options Thank You
answered on Nov 8, 2023
If the title to the home is in your brother's name, either your mother willingly signed the deed over to him or something may have been done that may be legally questionable. If you truly believe that your mother would not have given the house to that one brother, then there are questions... View More
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answered on Nov 8, 2023
Funds coming out of a traditional (non-Roth) IRA or 401k are taxable whether taken out during life or when withdrawn after death. If all of your beneficiaries are natural persons then they will be required to make withdrawals from the traditional/taxable IRAs that you leave to them on a specified... View More
The question pertains to a trust that will have some money after a house is sold.
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answered on Nov 8, 2023
In California, if a deceased parent’s estate owes money to an adult child, the debt to the child is generally treated as a claim against the estate. Upon the sale of a house belonging to a trust, the trustee must adhere to the terms of the trust and relevant state laws to settle debts.... View More
He took every penny of my inheritance by charging me rent for staying in our mothers house. My brother asked me to stay rent free until probate ended, this was in front of our 2 other brothers and one brother filed an objection with probate court stating this as well so I have testimony from... View More
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answered on Nov 4, 2023
It's important for you to seek legal advice from an attorney who can assess the details of your case regarding the alleged breach of fiduciary duty by your brother. You may want to contact your local bar association for a referral to a lawyer who handles probate and estate disputes. It's... View More
Married 10/1990, seperated 1/2011 and divorced 5/2012. Cal. DCSS collected child and spousal support until 6/2019, at which time DCSS reported a $25k arears balance. He hasn't paid spousal support since 2019. Now that I have filed with the Riverside Family Court of California to enforce by... View More
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answered on Nov 2, 2023
In California, if your ex-spouse is claiming that a personal loan offsets his obligation to pay spousal support arrears, he bears the burden of proving the existence and terms of that loan. It is his responsibility to present evidence of the loan, such as a promissory note or payment records.... View More
Properties he wants me to stay there with him .. she does not what are his or my legal rights?
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answered on Oct 31, 2023
Under California law, if the estate is in probate, the property is under the jurisdiction of the probate court. If your boyfriend and his sister are both heirs, they have a right to occupy the property unless otherwise ordered by the court. Your boyfriend can generally have guests, including you,... View More
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answered on Oct 31, 2023
In California, when both owners of a house pass away, the need for probate depends on how the property was titled and if there were any estate planning tools in place. If the property was held as joint tenants or as community property with right of survivorship, it generally passes to the survivor... View More
The will is in the state of Utah. If I have to sign, can I do it by paper and notary? I don’t ever sign online.
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answered on Oct 28, 2023
In Utah, if you wish to resign as a beneficiary to a will, you typically have the right to disclaim or refuse the inheritance. Generally, disclaimers are done in writing and may require specific formalities, such as being notarized. You aren't usually mandated to sign online. If you're... View More
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answered on Oct 28, 2023
Under California law, if you've signed a document without adding "Trustee" to your name and you're acting in your capacity as a trustee, you'll need to amend or re-execute the document to ensure its validity and clarify your role. If the document has not yet been acted upon... View More
What forms I have to fill out to ensure I receive my inherentense is there a deadline
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answered on Oct 21, 2023
I'm sorry for your loss.
In California, if your mother passed away without a will (intestate), as her only child, you would be the primary heir. To claim your inheritance, you'd typically initiate a probate proceeding by filing a Petition for Probate (Form DE-111) with the... View More
Do have a deadline? on claiming inherentense
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answered on Oct 21, 2023
I'm sorry for your loss. In California, if your mother passed away without a will (intestate), as her only child, you would be the primary heir. To claim your inheritance, you'd typically initiate a probate proceeding by filing a Petition for Probate (Form DE-111) with the appropriate... View More
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answered on Oct 21, 2023
In California, the time to prepare an accounting from a trust can vary depending on the complexity of the trust's assets and the number of transactions that occurred during the accounting period. Generally, simple trusts with straightforward assets might take a few days to a few weeks to... View More
They then advised me his beneficiary was changed after death. They were trying to get a hold of the listed beneficiary prior to the change. Are they allowed to do this? They basically had me fill out the form, hoping to find information on a beneficiary. I am the only heir left. My mom passed away... View More
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answered on Oct 20, 2023
In California, financial institutions are not permitted to change a beneficiary designation after the account holder's death without a legal order or clear evidence of the account holder's intent made prior to death. If they informed you of a posthumous change, that raises concerns. The... View More
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answered on Oct 21, 2023
In California, as the executor of your husband's estate, you have the responsibility and authority to gather and manage the assets of the deceased. If the settlement check is made out to your husband or his estate, it should first be deposited into the estate's account. Once deposited,... View More
The trust was amended twice the second voided all but one section of first one
It states that section 8.4 is to be deleted and replaced with section 8.2 ( believe typed in wrong) with the new wording for the old section. Nothing is mentioned about the original sections 8.2 and 8.3.... View More
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answered on Oct 21, 2023
Under California trust law, when interpreting trust provisions, the primary objective is to ascertain and effectuate the intent of the settlor. If the second amendment explicitly stated that section 8.4 is to be replaced with the new wording for section 8.2, then that instruction should be... View More
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