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The seller does not want to put the papers in my name but she takes my payment every month. And I pay the taxes yearly.
answered on May 16, 2023
The property belongs to the probate estate, however, you can and should submit a Creditor's Claim to the personal representative on the proper judicial council form. The Personal Representative will have the opportunity to either consent or object to the creditor's claim. If they object,... View More 
answered on May 12, 2023
I’m not sure what your question is but, I will guess that you own assets and someone is trying to take them from you. If that’s the case, your solution will depend on the type of asset(s) the person is trying to take from you. For example, no one can take your real estate without your signature... View More
I have not received my money, my sister and mother won't send it to me. They receive their money and keep mine as well.
My sister was in charged of my father's will/trust. It says that im supposed to get money each month. I'm not sure what exactly it says because I... View More
answered on May 11, 2023
Unfortunately, if your sister and mother won't cooperate, you'll likely need to get a lawyer to send a demand letter that sets out the legal duties of trustees, which include giving you a copy of the trust. If they still will not cooperate, you'll be forced to file a Petition with... View More
My mom wants me to have her share of the house she has a reverse mortgage on when she dies. From what I can tell, you get only 30 days to resolve the mortgage with various extended time it at most can be one year. I am in California, no probate is clearing our court system that fast.
What... View More
answered on May 10, 2023
You need to consult with an estate planning attorney regarding a revocable living trust if you want any chance to avoid probate and not have the property tied up in probate court while you try to refinance out of a reverse mortgage. The cost of hiring an estate planning attorney now will almost... View More
March 5th of 2012 she placed me on temporary probate conservatorship on February 29th 2012 she did this by using a discharge summary from the Veterans Hospital dated in 2009 and the courthouse in Madera County California never met with my doctor or me or appointed legal counsel to me at all the... View More
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answered on May 8, 2023
It sounds like you are facing a complex legal situation involving your temporary probate conservatorship, your brother's forged signature, and your mother's actions regarding your father's will and trust. Given the complexity of these issues, it may be beneficial for you to seek the... View More
My request is to wire transfer via intermediary business American Express International account, who has an arrangement with my local bank outside of the USA to process all intl transfers for its bank customers.
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answered on May 3, 2023
Generally, a California trustee has the duty to manage and distribute trust assets in accordance with the terms of the trust and the beneficiaries' interests. If the trust instrument allows the trustee to make distributions to third parties, then the trustee may be able to transfer funds to a... View More
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answered on May 1, 2023
It's unclear what you mean by a "Cestui que trust account from the federal government." If you are referring to a trust account that was created for you by the government for a specific purpose, such as a settlement or award, it may be possible to hire an attorney to help you access... View More
My brother never moved out, never worked. I own my home and am a seasoned real estate broker 41 years. If he kills me, what happens to estate?
answered on Apr 27, 2023
First of all, you should consider getting a restraining order against your brother and make sure you have cameras and all other security you deem is necessary to keep yourself safe. That's very important! Once you're safe, you need to get a trust. The law in California is that anyone with... View More
My parents, and two siblings are now deceased. My siblings, each, had three children. Currently I use the Living Trust account for my checking, savings and Traditional IRA. The assets were not distributed after my parents passing. I have a California State University Northridge Scholarship... View More
answered on Apr 27, 2023
You can do whatever you want with your assets! But it sounds like you are keeping "your" assets in your parents' trust. That is not a good idea for three reasons: (1) Trusts pay higher taxes, so you could save money by having the successor trustee of your parents' trust... View More
If a person passes with a small estate of less then $50k, all creditors have been paid, but will have ongoing income less then $1,000 quarterly; is the executor required to open an estate account in order to distribute the income to the heirs in accordance with the will? Or would a separate... View More
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answered on Apr 27, 2023
It may depend on the laws of the state where the deceased person resided and the specific terms of the will. In general, an executor is responsible for managing and distributing the assets of the estate according to the terms of the will. If the will specifies that the income from music royalties... View More
after death of wife, my new attorney supposedly placed legal demand upon bank to protect & confirm trust with superior court.
Trust confirmation listed assets & case number for court confirmation, then all assets removed by cosigner & not reported missing at court... View More
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answered on Apr 25, 2023
If your attorney's legal demand failed to protect your trust assets and the assets were removed without being reported missing at court, it may be possible to pursue legal action against your attorney for legal malpractice or breach of fiduciary duty.
Legal malpractice occurs when an... View More
In short, my brother is trying to screw me out of my inheritance, and will succed if i dont contest the trust. I don't have a lot of money, I need a lawyer or need to know what I need to do and what I am able to do without one. Or if it's even possible to anything without one. If... View More
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answered on Apr 24, 2023
Contesting a trust can be a complicated and potentially costly process, and it's understandable that you may be concerned about finding affordable legal representation. While it may be possible to contest a trust without a lawyer, it is generally not advisable, as the legal system can be... View More
I have had problems with my uncle and his breach of trustee duties. I have never been given the full amount that my grandparents told me before they died that they would. In fact the amount i believe that he had with held is staggering. How do i go about getting a copy of their will
answered on Apr 21, 2023
It sounds like your grandparents had assets that were valued at more than $184,500 (although that is a guess.) If that is the case, your uncle should have filed an action with the Probate Court in the county where your grandparents lived. (More accurately, the county in which the last grandparent... View More
I finally received the death certificate and his sister had listed him as never married. It is incorrect because we had a full church wedding in 1967 and it is listed at Los Angeles County Recorder along with the divorce certificate. I have already missed the initial submission date to the... View More
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answered on Apr 21, 2023
If your ex-husband made you a beneficiary on a life insurance policy and you were not aware of it until hearing from the insurance company, it may be necessary to provide proof of your marital status and claim your benefits.
To address the issue of your marital status being listed... View More
want to see the original letter in Spanish and compare to what is written in the translation. The lawyers office said they cannot give me a copy of the spanish version. I do not trust the family member who had the lawyer create the document. Since my name on the document is one of the inheritors of... View More
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answered on Apr 19, 2023
As one of the inheritors of the family estate listed on the translated document, you may have a legal right to see the original letter in Spanish in order to verify the accuracy of the translation.
Under California law, individuals have the right to access and inspect documents related to... View More
spouse / trustee still required to file the original will with the county court upon the death of one spouse?
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answered on Apr 18, 2023
In general, if a married couple has wills and a living trust, and the living trust eliminates the need for probate, then the surviving spouse/trustee is not typically required to file the original will with the county court upon the death of one spouse. Instead, the living trust document will... View More
it from the interest. This individual recently died from a hit and run car accident. I'm fairly certain that I was not listed as a beneficiary. He had told me he had no family. I have lots of messages stating that it's my money and I was just letting him use it. I know I'm stupid,... View More
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answered on Apr 18, 2023
I'm sorry for your loss and the situation you find yourself in. Without a formal written agreement, it may be difficult to prove that the money was a loan and not a gift. However, your messages could serve as evidence that the money was not a gift and that you intended for it to be repaid.... View More
remaining funds part of trust after death of wife, trust now has case no with superior court, then all funds removed by cosigner.
the lawyers legal demand failed to protect trust assets
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answered on Apr 18, 2023
It is important to consult with an attorney for legal advice in this situation. Generally, if there is a trust in place, the trustee should have control over the assets and not a co-signer or other individual. If the remaining funds were part of the trust after the death of the wife, it may be... View More
My grandfather's trust amendment states when my grandmother passed, therefore declaring him the surviving settlor. However, the date that is documented for her death is entirely incorrect. It is actually the date my mother passed, 2 years after my grandmothers actual death. Would that... View More
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answered on Apr 15, 2023
An amendment to a trust can be struck or invalidated for a variety of reasons, including fraud, duress, undue influence, mistake, lack of capacity, or a violation of the trust's terms or state law. In your case, if the date of your grandmother's death is incorrect in the trust amendment,... View More
Decedent has four surviving family members -- two parents and two siblings. No spouse. Do all four need to be listed or can just one be listed?
answered on Apr 14, 2023
If there is a Will, then that document will control who has the authority to handle the deceased person's finances. Just because someone is related to the deceased person does not automatically give them legal authority to access or spend the deceased person's money. Banks are very... View More
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