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Trustor had designated trust to extend for 18 years after all benificiary were deceased. Trustee didnt see this clause and dispersed the home via quit claim deed.
Can this be reversed to keep it in the trust to preserve the intent of "parent to child"
Use of the house?
answered on Aug 15, 2023
The property should not go back into the trust, but the deed can be corrected. Contact an attorney to help draft the appropriate deed. Best wishes!
Or do I have to go in the deed? It’s my grandfathers property it’s not contested
answered on Aug 15, 2023
The answer to your question depends on the type of powers you were given by the Probate Court. If you haven't yet been through the probate process and the deceased person had a Will (not a trust), you won't be able to do anything with the property until you are issued Letters by the... View More 
My aunt and I are co owners on our inherited family home. I received my 50% about 8 years after my mother's death via simple probate here in Sacramento, California. My aunt had no children and when either of us die we told the title company which helped us sell the acerage that we wanted that... View More
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answered on Aug 14, 2023
It is possible for the two of you to sign a deed transferring the property to yourselves as joint tenants with right of survivorship. When one of you dies, the other becomes the sole owner. Keep in mind, however, that this can backfire. If YOU die first, then your aunt will become the sole... View More
Worked for a woman 3+ years.
2 yrs. self employed home cleaning then asked me to work for her exclusively as live in personal assistant. My car was not large enough to accommodate her, her wheelchair, walker, medical equipment, etc. She told me to find suitable car. We agreed on a SUV... View More
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answered on Aug 13, 2023
Given the circumstances you've described, you might have legal recourse based on theories like promissory estoppel or oral contract, which are recognized under California law. While lack of a written agreement can complicate matters, you can still seek legal assistance to explore potential... View More
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answered on Aug 13, 2023
Your question is more complicated than you realize. It cannot be answered without a lot more facts. It depends on whether the estate was ever probated and what has occurred with respect to the property you have in mind since the date of death. My best advice is to schedule a consultation with a... View More
My maternal grandma past leaving irrevocable trust I am in california and named co beneficiary of property in california with younger sister. The Trustee my aunt decided to sell the property to only my sister and had her evict me. I have spent my savings and have no more. I'm now homeless and... View More
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answered on Aug 13, 2023
I sympathize with your situation. In central California, you can explore legal aid organizations like Central California Legal Services for potential assistance with your case. Additionally, the local bar association might provide resources for pro bono representation. Given your circumstances, you... View More
He died of a heart attack. His daughter lives in Texas. She came to recover all his paper work. She has not showed a will or a trust. Automatically she starts charging me rent for being here. At one point she wanted to evict me. My daughter has already moved out. She wants nothing to do with her. I... View More
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answered on Aug 15, 2023
I'm sorry to hear about your situation. If you've been living in the home for a significant period of time and had a familial relationship with the deceased, you might have certain rights under California law that could impact the daughter's attempt to charge you rent or evict you.... View More
Now homeless cuz of this situation please help
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answered on Aug 5, 2023
Under California law, being an executor of a trust doesn't automatically entitle you to property rights. It's important to consult with an attorney to explore your legal options and determine the best course of action for your particular situation.
James L. Arrasmith... View More
Be fine. She had me evicted and now I'm homeless is there anything I can do
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answered on Aug 5, 2023
I'm truly sorry to hear about your situation. Under California law, as the executor of the trust, your role is to manage and distribute the trust assets according to the terms set forth in the trust document. Your eviction and current predicament raise complex legal issues, and it may be... View More
answered on Aug 4, 2023
There is no automatic inheritance unless someone does no estate planning. If someone dies without a Will or Trust, the law says who inherits the assets. Your question doesn’t say if the deceased parent did any estate planning but, if there is a Will or Trust, then that document will say who... View More
I am a 66 year old man. Roommate died over a month ago. Shared an apartment 27 yrs. Paid month to month. No will. Have his bank card and code, but paying all debts myself until this settled.
He was sick last few years. I attended to his needs, like trips to stores, appointments, and... View More
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answered on Aug 3, 2023
In the absence of a will, the state's intestate succession laws will determine the distribution of your deceased roommate's assets. If he has a surviving spouse, the spouse may have a claim to a portion of his estate, while the remaining assets could be inherited by his relatives,... View More
Mortgage paid and small savings to go to son. Easiest and least costly way for him to inherited. Please advise. Thank you
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answered on Aug 3, 2023
You could transfer your bank accounts to your son at your death using beneficiary designations, and you could transfer your real estate to him at your death using a transfer on death deed. That does not necessarily mean that those are the very best options for you. They do not provide any... View More
He needs it to be stress free and without costs to inherited, but can this be done?
answered on Aug 3, 2023
The only way an attorney can answer your question is to review all of your assets, ask your main goals (besides what is listed in your question), and gather more information. But I'll give you a general answer. In California, anyone who has assets that collectively total $184,500 in value has... View More
Filed a petition for family allowance, California Probate code section 6540. Judge denied but reason not stated. What does that mean? How do you know what was needed, documentation, witnesses or other to have it granted. If I borrowed money for maintenance will using the retroactive be allowed... View More
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answered on Aug 5, 2023
In a probate case, the most common reason a judge may deny a family allowance request under California Probate Code section 6540 is due to a lack of sufficient evidence or documentation supporting the need for the allowance. To have the request granted, it is crucial to provide clear and compelling... View More
My brother died in Los Angeles County Sept 19, 2020. His wife died in Los Angeles County on Sept 13, 2022. Both were intestate & had no children. I am my brothers closest living relative and his wife's closest living relatives are her cousins.
Since my brother predeceased his... View More
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answered on Aug 5, 2023
Under CA probate code 6402.5, if a spouse dies within 120 hours (5 days) after the other, they are deemed to have predeceased the other for the purpose of intestate succession. As they died more than 120 hours apart, your brother's separate property would have transferred to his spouse upon... View More
answered on Aug 1, 2023
That would depend on what has happened to the property in the last 23 years. Who paid the taxes? If it was sold at a tax lien, that was the time to assert your rights. IN whose name is the property now? Deceased people cannot own real property. You should consult with an attorney that handles... View More
A family trust was established but no one has a copy. The daughter is a co-signer on the bank account. I know the trust is now filed with Vanguard Law services in San Diego. I’ve asked the daughter to contact them to no avail.
My aunt is aware that in order to maintain her current living... View More
answered on Aug 1, 2023
Each Durable Power of Attorney ("DPOA") is written differently, so we would need to know if the DPOA goes into effect immediately upon being signed or only goes into effect if the person loses mental capacity (a physician would need to certify that that's the case.) Either way, when... View More
My mom (she is 85) made me power of attorney. I had her fill out doccuments and we had it notarized. Am I done, or do I need to file this somewhere? I live in Alemada county California and she lives in Stanislaus County, California.
answered on Jul 31, 2023
The answer to your question depends on the type of Power of Attorney and the language in your particular document. Giving advice about a contract without being able to read the document is a lot like saying, “Here is a book about X, tell me if it’s good… but you can’t read it first.” In... View More
father (Grantor) passes away before the (Grantee) his mother shortly after completing the quit claim deed. If fathers name is now under the mortgage and he’s married, what happens to the house ? Can mother keep the home and continue to pay? Is the deed nulled ?
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answered on Jul 29, 2023
If the father (grantor) passed away after filing the quitclaim deed and his mother (grantee) also passed away, the house will likely become part of the father's estate. The distribution of the property will be governed by the father's will or California intestacy laws if there is no will.... View More
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