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She has been my trustee for a year end, though I have provided the CTAPP regulations, she stated she only hast to follow probate law. I have an incompetent probate attorney, who allows the trustee to get away with this protocol.
answered on Sep 19, 2023
In California, trustees have a fiduciary duty to act in the best interests of the trust and its beneficiaries, which includes providing accounting reports and abiding by applicable regulations. If your trustee is not complying with CTAPP regulations and you believe your rights as a beneficiary are... View More
answered on Sep 14, 2023
It depends on whether he had a trust or will, and whether all of his assets are collectively valued at $184,500 or more. A lawyer would need to know those two pieces of information (and other information as well) before being able to competently answer your question. Sorry about that! Best wishes!
I have sole successor trustee/fiduciary duty for my late grandparents' estate and they have a vacation home that I have to sell. Unfortunately the place was recently trashed by an unscrupulous family member who also happens to be one of two other beneficiaries including myself.
I was... View More
answered on Sep 13, 2023
Hello. I am a probate attorney and licensed real estate broker. Oftentimes realtors can obtain financing through their company to handle renovations. I recommend calling around to local companies to see who may be able to assist with financing the repairs and renovations.
I am 1 of 2 beneficiaries named in her trust. I also have a court order naming me and the other beneficiary as successor co-trustees. The bank said they need a certificate of trust with mine and the other co-trustees name on it. Can they just go against the court order like that?
answered on Sep 11, 2023
Under California law, banks and other financial institutions typically require a Certificate of Trust to verify the authority of a trustee. This certificate, which is derived from the trust document itself, outlines the powers of the trustee and the existence of the trust. Given that you have a... View More
I got a letter today from a lawyer that said they were representing my cousin, but when I called him to get context he said it was actually his dad doing this and he had hired an attorney under his name. The letter is very threatening and asking me to resign as trustee.
My uncle-in-law in... View More
answered on Sep 10, 2023
I'm sorry to hear about the stressful situation you're facing. In California, the validity and interpretation of a trust are governed by the trust document itself and applicable law; if the trust document clearly names you as the successor trustee and delineates the distribution of assets... View More
answered on Sep 8, 2023
In order to have a judge review the actions of a trustee in California, you may consider filing a petition under Probate Code section 17200. This section of the California Probate Code allows beneficiaries to petition the court for a variety of issues, including actions to compel the trustee to... View More
Change of beneficiaries made on a video with two witnesses, one being co-executor of trust. These new beneficiaries are threatening a lawsuit.
answered on Sep 8, 2023
Under California law, a video change to a living trust may not be valid if it does not meet the statutory requirements for trust amendment. It is crucial that any changes to beneficiaries or terms of a trust comply with formal legal procedures, such as written documentation and proper execution... View More
answered on Sep 8, 2023
Under California law, a co-trustee has a fiduciary duty to work collaboratively with other co-trustees and to provide trust accounting and distribute trust assets to beneficiaries as required by the terms of the trust document. Failure to do so may constitute a breach of fiduciary duty.... View More
also theft of investment accounts and safety deposit boxes jewelry and altered documents my girlfriend can provide all the proof needed to show that my sister is stealing from the estate and going against her judicial duties as the executor of my mothers estate please if you can help assist us in... View More
answered on Sep 5, 2023
In California, if you suspect that a will is fraudulent or that an executor is not fulfilling their fiduciary duties, you have the right to contest the will or request the removal of the executor through probate court. Gather all evidence of fraudulent activity and theft, including any proof... View More
to do it. she has a living will in California but she couldn't put that house on it. and now she doesn't have the money. what can she do?
answered on Aug 30, 2023
Your mother needs to see an estate planning lawyer because there are tax consequences to transferring real estate to a child during the parent's lifetime, and it's likely your mother needs a Trust, not a Will. But a lawyer cannot say definitively one way or the other without first talking... View More
He had cancer and received outpatient care, had a couple short term hospital stays but no nursing home or long term care facility. His estate is in probate. Is his estate subject to medi-cal estate recovery?
answered on Aug 29, 2023
California's Medi-Cal estate recovery program applies primarily to individuals who were 55 or older when they received Medi-Cal benefits, or who were in a nursing home at any age. Given that your brother was 45 and did not receive long-term care in a nursing facility, it appears unlikely that... View More
Helping for a family friend. They have been together for 18 years, live together, etc. But they never legally got married. Just two days after her death, her daughter wants to take everything to sell it and doesn’t want to leave him with anything. He hasn’t had time to grieve but he knows he... View More
answered on Aug 29, 2023
In California, if a couple is not legally married or registered domestic partners, the surviving partner generally does not have a legal right to the deceased's separate property, which would pass to her legal heirs under California's intestate succession laws. This means the daughter may... View More
Valued at about $130,000 He owned his home,cars and other account jointly so these two accounts are the only assets. Do we need to go through probate?
answered on Aug 28, 2023
In California, assets with designated beneficiaries, such as annuities and IRAs, typically pass directly to the beneficiaries upon the account holder's death and may not need to go through probate. Jointly owned assets with rights of survivorship also often pass directly to the surviving owner.
The PDF does not let you alter the type size or add a second line. Same problem with all the state PDFs.
answered on Aug 28, 2023
I recommend using free online pdf editing software such as DocHub. This will allow you to change the font and crunch all of the aka names in. Good luck with this.
He passed without a Will. The stock is for a company I believe was bought by another company, and the land deed is for undeveloped land. Companies have started sending letters to my home addressed to my grandfather asking to purchase the land from him. Since there was no Will, should I assume these... View More
answered on Aug 29, 2023
In California, if your grandfather passed away intestate (without a will), the distribution of his assets, including the stock certificate and land deed, would be governed by California's intestate succession laws. Generally, close relatives like children or grandchildren are first in line to... View More
My father passed last year without a will, my half siblings (his first marriage) want to sell his property, the home I grew up in with him and my mother. My mom took out a loan and purchased our home years ago but she is now also deceased. Both her and my dads names are on the deed to the house. CA... View More
answered on Aug 25, 2023
Did your Mom have a will? How is title on the house held? Can't really answer without knowing these things first. I suggest seeking a consultation with an attorney. If title passed to your father when your mom passed, and your father later passed without a will, trust, spouse or transfer... View More
I just feel like it is a conflict of interest because she would also be the one accepting the offer on the home as well.
answered on Aug 24, 2023
The answer to your question will depend on the language of your particular trust. In some cases, it will be a conflict of interest, but in many other situations, serving in two roles is expressly allowed by the trust. If the goal of both roles is the same, i.e., getting the highest possible price... View More
I heard it goes into probate if no other successor trustee has been chosen by the grantor.
answered on Aug 23, 2023
Depending on the language in your specific Trust, it’s possible someone could bring a motion in court to appoint a new person as Trustee. The court that would handle such a motion is the Probate Court. But that doesn’t necessarily mean all the assets in the trust would have to go through the... View More
Is a prenup required if my assets are moved to a trust in the event of a divorce? Ideally I'd like to keep assets separate but anything acquired to during marriage would be joint.
answered on Aug 22, 2023
Creating a trust before marriage in California can offer a measure of asset protection by potentially categorizing those assets as separate property in the event of a divorce. However, the need for a prenuptial agreement (prenup) depends on your specific circumstances and objectives. While a trust... View More
My uncle/ God father was in Navy, retired SF police officer/ US coastguard and a widower- no children. He told me the house and all of his assets are for me and that I am the heir. My mom passed away. His ex wouldn’t let me see him and lied that he didn’t live there, alot of excuses. Bringing... View More
answered on Aug 20, 2023
I am James L. Arrasmith, Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith. In this situation, it's important to gather any evidence that supports your claim as the heir to your uncle's assets. Documentation such as wills, trusts, and any communications... View More
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