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My brother has been trying to divorce for quite awhile now. He is hoping to retain another lawyer who will take payments, since his has decided to ask for a second retainer because of a delay going to court and he does not have the lump sum nor a CC that he can use. He works full time but his... View More 
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answered on Dec 1, 2024
Your brother's situation highlights several important legal concerns that deserve careful attention. Going to court with proper legal representation is crucial, especially given the complexity around the inherited property and quit claim deed situation.
The pressure your brother faced... View More
It would be from either Colorado, Ohio, California, Idaho or oregon
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answered on Dec 1, 2024
To find out if you're named in someone's will, you'll need to start by checking probate court records in the counties where the deceased person lived. This process is free and can often be done online through each state's court website or in person at the courthouse.... View More
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answered on Nov 27, 2024
Converting an irrevocable trust to a revocable trust is generally not possible under California law. The fundamental nature of an irrevocable trust is that it cannot be modified or revoked after creation.
However, there are some potential options to explore. California's Probate Code... View More
My brother delayed his divorce case and now his lawyer wants another retainer. Originally, he paid a retainer and then made monthly payments for services. He doesn't have the money! He can make payments but a lump sum isn't going to happen for a long time; he has been struggling with... View More
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answered on Nov 26, 2024
Your brother is in a challenging situation that requires careful handling to protect his inheritance rights while navigating California's community property laws.
Many lawyers will work with clients on payment plans, and your brother should have an honest discussion with his current... View More
My aunt had a living trust. She passed. My dad is the only one who has access to this trust. I was told my sister and I are listed in it but he wont allow us to see it.
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answered on Nov 21, 2024
If you are named as a beneficiary in a trust, you have a legal right to see the portions of the trust document that pertain to you, regardless of whether it was created in Arizona or California. This right is protected under both states' laws.
Your father, if acting as the trustee, has... View More
$ 3.5 million 401K + $ 400 K LI with a $ 3 Million house (all of which may go up to 10-11 million in 6-10 years) -> if the exemption is repealed in 2026.
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answered on Nov 21, 2024
Assuming this is a single person, you are close to having a taxable estate whether or not the doubling of the exemption is allowed to expire in 2026. You should seriously consider scheduling a consultation with an estate planning attorney with experience representing high net worth clients.
We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More
answered on Nov 18, 2024
Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More
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answered on Nov 17, 2024
To end a conservatorship in Los Angeles County at the Stanley Mosk Courthouse, you'll need to file form GC-380 "Petition for Termination of Conservatorship" along with form GC-020 "Notice of Hearing."
Before filing, gather evidence showing why the conservatorship... View More
I am dealing with potential forgery, fraud, and mismanagement of a Trust established for myself in which I am categorized under a ‘Special Needs Trust’ that does not reflect my circumstances. There's discrepancies; absence of my signature, false info, multiple drafts, fraud and complete... View More
answered on Nov 15, 2024
Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More
My mom has a Trust She passed in July 2024 in California My sister is executor whom I don't have a relationship with I'm a beneficiary along with three other siblings My sister refuse to give me a copy of the trust I have sent her demand letter still no response She has this mentality... View More
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answered on Nov 14, 2024
I'm sorry you're going through this difficult situation. When a property is held in a living trust, it typically transfers to the beneficiaries named in the trust without needing to go through probate. However, the deed usually remains in your mother's name until the trust is... View More
my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More
answered on Nov 14, 2024
Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More
My mom passed away and I am the trustee of her trust. I am sending out the notification by trustee under probate code section 16061.7. I am also sending out a waiver form to the beneficiaries if any wish to waive the 120 days for contesting the trust. I understand that all the beneficiaries would... View More
answered on Nov 13, 2024
You seem to be jumping from step 2 to step 12. There is A LOT of work that must be done before assets can be distributed to the beneficiaries named in the trust. I understand that everyone wants their inheritance ASAP, which is the case in 99% of trust administration matters. However, the law... View More
The company offers gift pre-planning for up to 30 years in advance for customers' children and grandchildren, and even skip-generation. The company is almost acting as a trust / an account where the company will withdraw money to gift to their descendants after the person's death. Can... View More
answered on Nov 10, 2024
It depends on what you mean by the term “partner.” Lawyers define the term as someone in a limited partnership or general partnership. The ethics code prohibits lawyers from splitting profits with non-lawyers in almost all circumstances. So, if you are asking whether lawyers can be in a... View More
Living trust has stocks worth 1.5 million. The financial institution wants to divide all stocks and move into beneficiaries account. When beneficiaries sell stock do they pay capital gains from stocks original purpose or from date received forward? Or is it better to sell all stocks and distribute... View More
answered on Nov 4, 2024
The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More
In 2021 I bought a house with my mom and dad and my wife and I all joint owners. My parents got sick and ended up in a Care Facility. My mom was mad so she called her trust attorney and change the title of the home to my mom and dad's personal trust. This caused a messed my the title on the... View More
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answered on Nov 1, 2024
Not familiar with the CA SOL, but your possible slander of title, conversion, quiet title, etc. suit will be apparently against your Parents and the Trustee. A partition action may result. Very doubtful you will want to file suit. But a board complaint might be made against the attorney if... View More
I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.
answered on Oct 30, 2024
No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More
My aunt has been in a rehabilitation/care home for over a year. My family have been trying to get to her money and property since her husband passed away, as she is vulnerable. Recently, my cousin somehow filed documents and got put on title to my aunt’s home and also claims to be financial POA.... View More
answered on Oct 31, 2024
Is this cousin your aunt's son or daughter? Is your aunt's lack of mental capacity preventing her from understanding what her child is doing?
Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More
answered on Oct 30, 2024
Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More
I called a private detective he referred me to an attorney that needed to prove that I was my dad‘s daughter. I sent her proof and then she referred me to another attorney since a client already hired her in the matter she did not enclosed any kind of information so I contacted this attorney, and... View More
answered on Oct 30, 2024
It sounds like you are a surviving heir to the estate of your aunt and may be entitled to notice of the probate proceed and potentially compensation. Due to the death of your father, this has become more complicated and involves you and your siblings, if you have any. You may be entitled to some... View More
answered on Oct 24, 2024
Yes.
First, chances are there's something you forgot that isn't joint - for example, any 401k or IRA is individual by definition. Or perhaps there are utilities that are only in one person's name. In order to access those in cases of incapacity, a spouse needs the POA.... View More
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