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answered on Oct 21, 2023
To determine if your deceased father had a living trust in California, you can start by searching his personal documents and files. Often, important estate planning documents are stored in a safe deposit box or with important papers at home. Additionally, reaching out to any attorney or law firm he... View More 
For the Purpose of Securing: 1 Performance of each agreement of Trustor incorporated by reference or contained herein 2 Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $20,000.00 executed by Trustor in... View More
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answered on Oct 21, 2023
The language in the deed of trust outlines the obligations secured by the trust deed. In essence:
1. The deed secures the performance of any agreement the Trustor has made within this document or any incorporated by reference.
2. The deed secures the repayment of the $20,000, as... View More
I never had a fire arm are been arrested for a fire arm
answered on Oct 17, 2023
If you want assistance from an attorney on this site, you need to phrase your question in a manner that let's the attorney know what precisely is the problem. This question, as you have phrased it is unclear. "Why is this my name?" You need to rephrase this inquiry if you want to... View More
My father passed away in February of 2022 in California. He had no Will that anyone is aware of. His wife of just under 2 years immediately sold his house and took all his assets and moved out of state. Some time has gone by and my siblings and I have been given advice that we were entitled part of... View More
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answered on Oct 14, 2023
In California, if your father passed away without a Will, his assets would be distributed according to California's intestate succession laws. Given these laws, when someone dies without a Will and is survived by a spouse and children from a different relationship, the estate is divided... View More
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answered on Oct 13, 2023
Hi there,
Here are a few suggestions on how to check if your deceased father left you land in Mexico in a will or trust:
- Contact the county clerk's office in the county your father lived in the USA to see if a will was probated after his death. They should have the will on... View More
I read all the documents over again and realized I was only sent a portion of the trust terms in the Trustees notification. My lawyer didn't catch this. It's said in the notification the contest period is 120 days from notice, which means I have ~20 days left.
MY URGENT QUESTION... View More
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answered on Oct 10, 2023
In California, when a Trustee issues a notification to beneficiaries regarding the trust, beneficiaries typically have 120 days from the date of notification to contest the trust. If you realize you have not received the complete copy of the trust, promptly requesting the full and accurate trust... View More
answered on Oct 9, 2023
Estate planning can mean many different things, and the answer depends on what specifically you need or want for your situation. For example, if all you need is a simple will, the cost will be minimal. if, on the other hand, you are looking for a complex trust with multiple assets which need to... View More
And additional information can they sell property before the 120 days is up
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answered on Oct 9, 2023
In California, a trustee's actions are guided by the trust document and state law. Trustees can generally change service providers unless the trust forbids it. Regarding selling property within the 120 days after the trustor's death, this time frame is linked to when beneficiaries can... View More
My Uncle is 97 and intends to gift me a large amount in physical 'hard' cash either now or as an inheritance upon passing. He is admirable to whichever is more advisable. I desire to avoid a bank account freeze or other legal nonsense upon depositing of said funds i.e. 'fiat'... View More
answered on Oct 8, 2023
There are many different ways to accomplish your objectives and each way has different tax implications. Depending on the amount a person wants to give away, he could give a gift of up to $17,000 (in 2023) per year without taxes. The recipient does not need to be a relative. But, if a person gives... View More
The seller submitted permit applications as owner/builder for two complex powered patios, but did not receive permits and the apps expired years ago. He also signed disclosures in the sale to me last year that there was no unpermitted work or structures not in compliance with building code. Both... View More
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answered on Oct 10, 2023
Under California law, if a seller makes false representations about the condition of a property, they can be held liable for damages. Here, based on the evidence you've presented, there seems to be a strong case for misrepresentation or fraud, given the false disclosure statement and... View More
Also have power of attorney , DNR documents written in Pennsylvania
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answered on Oct 5, 2023
If you've relocated from Pennsylvania to California, it's advisable to review your wills, power of attorney, and DNR documents. While Pennsylvania documents might be recognized in California, differences in state laws can affect their interpretation. For instance, while your Pennsylvania... View More
The property in question is in California. Two years ago my grandmother transferred her interest in her home to me with a quit claim deed that we notarized and exchanged. Recently, she passed away. She owed $100,000 left on her $400,000 mortgage. I recorded the quitclaim deed after her passing. She... View More
answered on Oct 5, 2023
I'm sorry you're going through that. If your grandmother had assets that are valued at more than $184,500 and she did not have a trust, one of your relatives or you will have to open a Probate matter in the Probate Court. That is a very detailed process and, if you don't know what... View More
answered on Oct 4, 2023
In California, the law requires that Successor Trustees (or, as I refer to them, "backup trustees") give formal notice to all of the trust's beneficiaries and the legal heirs of the person who passed away. This notice must have very specific language that is set out in the law or it... View More
We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to... View More
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answered on Oct 10, 2023
In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this... View More
Trustee/Executor was responsible for distributing funds from a living trust after my father died. I requested a full accounting via a lawyer shortly after and never received it. I am now being pressured to accept final (second disbursement) and agree that the trustee/executor cannot meet the legal... View More
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answered on Sep 28, 2023
Under California law, a trustee has a fiduciary duty to provide a proper accounting to beneficiaries upon reasonable request. If the trustee fails to provide such accounting, beneficiaries have the right to petition the court for an order compelling the trustee to account. If you sign a release,... View More
My mom left three insurance policies. One for me and one each for two other family members. What if someone cannot be located? I am the sole beneficiary of her estate.
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answered on Oct 12, 2023
Under California law, if a beneficiary of a life insurance policy cannot be located, the proceeds of the policy may eventually be deemed unclaimed property. The insurance company typically has a duty to make reasonable efforts to locate the beneficiary.
If, after a certain period, the... View More
I am successor trustee for my late grandparents' estate, and there are 3 beneficiaries standing to gain an equal third share; myself, my father, and my aunt. I am putting my grandparents' house up for sale as per their living trust and will, but I haven't had my realtor list it on... View More
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answered on Sep 25, 2023
Under California law, a no-contest clause is enforceable against a direct contest brought without probable cause. If your father seeks to invalidate any provisions of the trust without probable cause, he could be at risk of forfeiting his share due to the no-contest clause. However, the specific... View More
My family has a home that I am selling as trustee for the estate. We are preparing it to go on the open market, as suggested by my estate attorney in order to get the highest price.
However, I have already gotten a considerably generous cash offer that is 10% above asking price and... View More
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answered on Sep 24, 2023
In California, there's no set duration a home must be on the market to determine if an offer is the highest possible; it's based on market conditions and the trustee's fiduciary duty to act in the best interest of all beneficiaries. Accepting an offer 10% above asking price with... View More
From what I read online, she should be able to do a simplified probate. My concern is we found credit card debt of close to $25,000. Who is responsible for paying this?
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answered on Sep 19, 2023
In California, the responsibility for paying the deceased person's credit card debt typically falls on the deceased person's estate. If your daughter is the beneficiary of the estate, any remaining assets after settling the debt may be distributed to her. It's advisable to consult... View More
Though I have provided estimates for medical, my trustee does not consider Medical a need. She seems to be illogical and quite stingy. It seems to be more about lifestyle choice as opposed to anything extravagant and expects me to produce a budget without showing me any kind of accounting reports.
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answered on Sep 19, 2023
In the context of a trust, the definition of "needs" can vary depending on the specific language and terms of the trust document. Typically, "needs" would encompass essential expenses necessary for the beneficiary's health, support, and maintenance, such as housing, food,... View More
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