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California Estate Planning Questions & Answers
1 Answer | Asked in Probate and Estate Planning for California on
Q: I have a trust in California, and I keep trying to get my trustee to abide by the CTAPP regulations. Acct reports none!

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.

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for California on
Q: can i obtain my husbands bank account. i am his wife. He is deceased
Julie King
Julie King
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!

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Successor Trustee/Fiduciary Duties for a Home in Need of Renovation but No Liquid Cash in the Estate?

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

Howard E. Kane
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Howard E. Kane
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.

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1 Answer | Asked in Estate Planning and Probate for California on
Q: The bank my late grandmother's trust account is at, won't give me access to the account.

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?

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for California on
Q: A distant relative is contesting my status as successor trustee/executor of my late grandparents estate?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for California on
Q: What form is to compel the trusteecan I file to get LA judge to review this? It is in LA. Can’t afford an attorney!
James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for California on
Q: Is a video change to a living trust valid?

Change of beneficiaries made on a video with two witnesses, one being co-executor of trust. These new beneficiaries are threatening a lawsuit.

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for California on
Q: Trustee is a co trustee, didn’t work with other co trustee and won’t pay out beneficiaries or do trust accounting
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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

1 Answer | Asked in Civil Litigation, Probate and Estate Planning for California on
Q: i need help in the process of showing proof of fradulent will made just months before my mothers passing and also theft

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

James L. Arrasmith
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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

3 Answers | Asked in Estate Planning for California on
Q: we live in California but my mom has a home in Oregon and would like to put my name on the deed but can't go to Oregon

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?

Julie King
Julie King
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

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1 Answer | Asked in Estate Planning and Probate for California on
Q: My brother recently passed away, he was on medi-cal. He was 45, single, no children and was sole owner of his home.

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?

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Estate Planning and Probate for California on
Q: A couple has been together for 18 years and the long term girlfriend has passed away, can her daughter take everything?

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

James L. Arrasmith
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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

2 Answers | Asked in Estate Planning and Probate for California on
Q: Hello, I'm in California and my father recently passed away. He named beneficiaries on both his annuity and IRA.

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?

T. Augustus Claus
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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.

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Using the state provided DE-121 PDF form, I can't get all the AKAs in the "Estate of" box. The judge said fix it. How?

The PDF does not let you alter the type size or add a second line. Same problem with all the state PDFs.

Howard E. Kane
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Howard E. Kane
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.

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1 Answer | Asked in Estate Planning and Probate for California on
Q: When my grandfather passed away, I found an old stock certificate and land deed title. Can I assume ownership of these?

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

James L. Arrasmith
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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

3 Answers | Asked in Estate Planning and Probate for California on
Q: Do I get more rights to my house, is it legally right for my siblings to sell the home I grew up in?

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

Robert P. Taylor
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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

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Moms partner in Real Estate is the Executor of the Trust, wants to be listing agent to sell home and paid for both.

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.

Julie King
Julie King
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

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2 Answers | Asked in Estate Planning and Probate for California on
Q: As successor trustee in CA if I die does irrevocable trust go into probate or go to 1 of 4 beneficiaries listed?

I heard it goes into probate if no other successor trustee has been chosen by the grantor.

Julie King
Julie King
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

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2 Answers | Asked in Estate Planning and Family Law for California on
Q: Is moving my assets into a trust prior to marriage protect my assets in the event of a divorce?Do I still need a prenup?

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.

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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

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1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: My uncle(moms brother)died 12/2021. He said im the heir to his assets.His ex never told me he died. Saw trust her name

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

James L. Arrasmith
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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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