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My dad's trust consists of his life insurance "which may name the TRUSTEE OF THE XX XX Trust dated 10/2019 as primary beneficiary", and his will states that a number of family members are to be recipients of this trust. His life insurance policy, dated 10/2022, lists only my brother... View More 
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answered on Jun 26, 2023
You and your brother are listed as beneficiaries on your father's life insurance policy. If there are no other assets in the trust, the insurance proceeds may not go into the trust. Your obligations as a trustee depend on the specific terms of the trust document, which should be reviewed with... View More
How does a named trustee formally decline being a trustee on a trust?
answered on Jun 23, 2023
The are templates available online ($). I have not read them and I certainly can't recommend one. If you haven't accepted the nomination by execution or act, you have rejected it. I understand wanting the solace of providing written notice of your declining the appointment. It should be... View More
My name is John A. Doe and the trustor in the trust gave the home to John E. Doe. Can I simply take title to the home or what needs to be done to correct the trust error? Would I have to go to court to resolve this?
answered on Jun 23, 2023
The deed should be corrected. The process is called Scrivener's Affidavit. You need to draft and notarize an affidavit and record it with the county recorder's office. You will also need to complete and submit a Preliminary Change of Ownership Report (it's a form). You will also... View More
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answered on Jun 17, 2023
Changing a will multiple times is not necessarily a red flag in and of itself, as people's circumstances and wishes can change over time. However, changing a will 22 times may raise questions about the person's decision-making process and whether they were of sound mind and fully aware of... View More
She is also a broker who plans on selling the place which I do agree to but is she legally have to be paid for doing so...she wants to take a 4 percent commission which I think is crazy for a house that she and inherited 50/50
answered on Jun 15, 2023
It all depends on whether the person who passed away had a Trust, a Will, or did no estate planning. If there is a Trust or Will, whoever is named as the trustee or executor in the document is legally-bound to follow the terms set out in the document. If someone is doing something that is not... View More
They claim the beneficiaries have been notified but they have not. The agency is in Ohio
answered on Jun 14, 2023
You can sue anyone for anything, but that doesn't mean the lawsuit will be successful. If you haven't already done so, you should have a lawyer send a demand letter asking the company to cooperate and prove the beneficiaries have been notified. It's possible that the beneficiaries... View More
1) If filing on a waiver of accounting CA apparently still requires a Summary of Account; is it necessary to attach detailed schedules for receipts and disbursements or are just the totals sufficient?
2) If I am waiving executor compensation is it still necessary to calculate the... View More
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answered on Jun 13, 2023
When filing a waiver of accounting in California, it is generally necessary to include a Summary of Account. While detailed schedules for receipts and disbursements are not explicitly required, it's advisable to consult with your attorney to determine if attaching more specific information... View More
My mother sold her house, which was her only asset (besides her old car), so now her only asset is the money in the bank account. It is a joint account with me, so I have full access. So this won't be considered as part of the estate. So there really is no estate to speak of. Do we need to... View More
answered on Jun 11, 2023
The issue is whether we need to protect that money from long term health care. That is a crap shoot to some extent, so it depends on mom's age and health. But if it goes into an irrevocable trust and is in there 30 months then it becomes invisible to the government when they look to see if... View More
answered on Jun 8, 2023
If the trust is a revocable trust and the grantor or settlor is living and has capacity, he can, of course, revoke or amend the trust. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... View More
answered on Jun 4, 2023
The trust should say what happens to an asset if the beneficiary (the person who is going to inherit the asset) dies. Often, but not always, the trust will say the gift “lapses”, which means it essentially disappears as if it had not been contained in the trust in the first place. But, each... View More
My father died recently at age 66. He was collecting Social Security. 36 years ago, he married a woman who, 3 years into the marriage, told him she was going to the store and never came back. He hasn’t heard from her since then, but I’m not sure if he ever legally divorced her. He never... View More
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answered on Jun 2, 2023
Yes, an estranged spouse who abandoned a marriage over 30 years ago may still be entitled to Social Security survivor benefits, depending on the specific circumstances of the marriage and the divorce. In your father's case, it sounds like he was still legally married to his estranged wife at... View More
answered on Jun 2, 2023
The answer to your question will depend on a lot of information that is not contained in your question. For example: Did the parents own real estate? If so, was it titled in Joint Tenancy, Community Property, or in some other way? The way real estate is titled can impact how it is transferred... View More
I live in California. 73 years old. married with living wife. Have question about will alternatives??? Almost all important accounts are co-owned (wife and I). Would like to avoid hassle of Wills etc. Have 2 grown children. Would like to leave estate equity to children (in their forties) when... View More
answered on Jun 1, 2023
There are several ways you can deal with your assets, but a lawyer would want to know your goals before recommending an option to move forward. For example, if you want to prevent your family from having to go through a 1 - 4 year long court process called Probate and you have assets with a gross... View More
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... View More
answered on May 29, 2023
Simply paying property tax on someone else’s property does not transfer ownership of that property. Real estate sales and transfers must be in writing and signed by the people who are giving up their ownership rights. Your grandparents’ trust or wills may say to whom they are leaving their... View More
No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... View More
answered on May 24, 2023
If your family member only had $3,000 worth of assets in one bank account, you may want to contact the bank and ask if it has a form Small Estate Affidavit you can sign. Some banks insist on everyone using THEIR FORM. So, even when an attorney drafts such an affidavit and it is perfectly valid,... View More
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answered on May 19, 2023
In California, adverse possession laws require the occupant to openly possess and exclusively use the property for at least five years, among other requirements. If the owner of the house died and appointed herself as trustee before her death, the property is likely held in a trust. Adverse... View More
I have neenarried amd earned some Paid time off (pto) and extended sick leave (esl) after marriage. I want to use it to invest in a separate real estate project amd don't want to mix community property with separate property.
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answered on May 18, 2023
In California, property acquired before marriage, including earnings such as Paid Time Off (PTO) and Extended Sick Leave (ESL), is generally considered separate property. However, it's important to note that the characterization of separate and community property can be complex and depend on... View More
One of my mom's friends show me a will That has no signatures on it an didnt lodge it Won't give me a copy of the trust if there is one And decided to take charge of my daughter zoey Who is mentally incapable of watching Herself
answered on May 21, 2023
In order for a Will to be effective, it has to be signed and the signature witnessed under specified conditions. You may have seen an unsigned copy. Even without a Will, the real property may need to go through probate for proper transfer. You need to find a Probate attorney to assist you. Without... View More
Made a mistake ,notorizing forms
answered on May 16, 2023
The answer to your question depends on what the document said. If it was a grant deed, the owner of the property would have to sign another deed to correct any mistake. If the document was a trust or will, you can have the document amended. Again, a lawyer cannot answer your question without... View More
My mother passed away 4yrs ago ,she did not leave a will ,my sisters and I are in our late 60’s,so we decided to notarize forms to give house to grandson’s,I have changed my mind can I revoke the for ,me and my sisters we’re not on house deed only my mother
answered on May 16, 2023
If the real estate was in your mother’s name, your siblings and you must go through the probate court process to get the legal authority to sign your mother’s name on the deed giving the property to whomever you want. Without a court order authorizing a specific person to sign on behalf of... View More
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