Get free answers to your Estate Planning legal questions from lawyers in your area.
He does not have a will but has assets under $100k (so we will be using an affidavit of small estate)
answered on Apr 14, 2023
The person named as the Executor in the Will can open a bank account in the name of the estate. Most likely, the bank will require the Executor to go back to the person or company that issued the check and make a new check payable to the estate of that person. Then, the executor can deposit the... View More 
answered on Apr 13, 2023
There are VERY STRICT privacy rules surrounding people's medical information and, unless your loved one signed a waiver of their right to privacy (also known as a HIPAA Waiver) that specifically includes your name as someone your loved one wanted to be able to access the medical records, there... View More
My friend's father had a valid trust naming his son as successor trustee & sole beneficiary. A prof fiduciary swooped in & was appointed as conservator, then immediately replaced the son with himself as succesor t'te on their trust which was created years ago. Is this... View More
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answered on Apr 13, 2023
In general, it is not ethical for a court-appointed conservator to appoint themselves as successor trustee on a valid irrevocable trust created years prior. This action can be seen as a conflict of interest and raises questions about the conservator's intentions and motivations.
As a... View More
House and I agreed, then I got sick almost died, came home highly medicated and she said I had to sign a paper making her my beneficiary in case I died for my kids future but instead it made her executer of my estate and is one court date away from taking my house. I paid 10,000 for a lawyer but... View More
answered on Apr 13, 2023
DO NOT MISS the court appearance no matter what you do. If you do not appear at the hearing, you will automatically lose by default, which will create more problems for you to overcome. If your signature was not notarized (meaning a notary actually watched you sign the document) then it likely... View More
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answered on Apr 11, 2023
In the event of a loved one's passing, managing the deceased's financial affairs can be a daunting task. If your Aunt has named her Estate as the beneficiary of her life insurance policy, you may be wondering how to collect the proceeds and ensure that they are distributed according to... View More
I do live out of state and would want to take my son with me. Would I need to file for custody? Would I be allowed to leave state with son, without additional judgment?
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answered on Apr 11, 2023
If guardianship is terminated, the judge may need to make a decision regarding custody if there is no agreement between the parents. In this case, the judge will consider the best interests of the child when making a custody determination.
If your child is 15 years old, the judge may take... View More
Can someone else claim that money? My son was 16 when my dad died and he’s 19 now but if I’m just finding out now about the money is my son owed that money?
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answered on Apr 11, 2023
If your son was left money from your dad's will and someone else has claimed that money, you may need to take legal action to ensure that your son receives the inheritance he is entitled to.
First, you should review the terms of your dad's will to confirm that your son was named... View More
Family Trust and California Tax Liabilities: I am the Trustee and we (five siblings) sold my Mother’s home in 2022 following her passing. There are no other assets besides the home and no outside debt or other financial obligations.
At what level (Amount) are we’re obligated to... View More
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answered on Apr 11, 2023
As the Trustee of your family trust, you may have tax reporting obligations to the state of California, depending on the amount of taxable income generated by the trust.
In California, trusts are subject to income tax if their taxable income exceeds a certain threshold, which varies... View More
A life insurance policy was written as part of an irrevocable life insurance Trust. Then, a second policy was written 9/21 because our MassMutual agent said the first policy, written 12/19, was inadequate in that it would only cover us up to age 90. I asked that the premiums paid on the first... View More
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answered on Apr 9, 2023
If you are having issues with a life insurance company and they are not responding to your requests for information or assistance, there are several steps you can take:
Contact the company's customer service department: Try reaching out to the life insurance company's customer... View More
There was no abuse or cause for removal. The ward had f/t caregivers in his home & wished to remain there. He was placed in a facility & the conservator refuses to disclose the location to his son. They took TV & anything of value from house. The son was told to take his belongings... View More
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answered on Apr 7, 2023
In general, a conservator cannot remove a ward from their home without court authorization unless it is an emergency situation that threatens the ward's health or safety. If there was no abuse or cause for removal, it may be considered a violation of the ward's rights. Additionally, the... View More
Woman A has passed. Her mother, woman B, was the life insurance beneficiary and is predeceased. The children of Woman A are trying to access her life insurance to pay for funeral services. The insurance company says "Small Estate Affidavit" and the only form we can find says "At... View More
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answered on Apr 7, 2023
It appears that the "Small Estate Affidavit" form you have found may be specific to California, which would mean that the 40-day waiting period also applies in California. The purpose of the waiting period is to allow time for any potential creditors or other claimants to come forward... View More
I am the PR for my step dad’s long running Estate. The Estate holds a 20 year Note with Deed of Trust for small apartment and retail commercial property in CA. The previous PR (step dad’s older brother) allowed trustors to accumulate 20 delinquent payments over 19 years with only telephone... View More
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answered on Apr 5, 2023
In California, if the Trustor of a Deed of Trust has fraudulently deposited a check noted "Last Note Payment" when they are delinquent on 20 payments, this may constitute a violation of the terms of the Deed of Trust and the Trustor's obligations under California law.
As the... View More
The client remembers signing a Retainer agreement with the attorneys law firm letterhead, the one she was given was from her to the attorney with only her signature.
answered on Apr 5, 2023
An attorney is required under the Rules of Professional Responsibility to provide a retainer agreement in almost all situations in which he will be representing her interests. However, that does not prohibit a retainer agreement that the client has drafted. However, without the signature, it seems... View More
mother left me as executor of her will and trust. Home remains in trust. I would like to make a will so as my daughters know how I would like them to settle the home
answered on Mar 31, 2023
Your question isn't entirely clear, so I'll give it a shot and hope it helps. When a parent does estate planning, the parent is dealing with the parent's own assets. In your case, your mother put her own assets (including her home) into her trust. It seems you want to keep your... View More
How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several... View More
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answered on Apr 1, 2023
Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to... View More
ordinance # so there is no transfer tax due, can you help
answered on Mar 31, 2023
Not sure what you are looking at. There will be no transfer tax due for a transfer in or out of a trust for your own benefit. You need the deed to state that it is a transfer per Tax and Rev Code 11930 so that the clerk know no tax is due. You will also need a PCOR form from the clerk which is... View More
Before my grandfather passed he amended his living trust making my brother a successor trustee for 50% of his estate. Before this the 50% was to be split equally between my brother & myself due to the fact our mother passed before him. I know that he did not understand what he was signing... View More
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answered on Mar 26, 2023
If you contest just the amendment of the trust and you lose the contestation, it may affect your inheritance if the amendment gives your brother a larger share of the estate than he would have received under the previous version of the trust. However, if you are successful in contesting the... View More
My father passed away three weeks ago. He had utilized an Advanced Healthcare Directive and had appointed an agent, who was a close friend. He didn't share the details of the directive with (immediate) family, and the agent refuses to share the contents of it. My father has already been... View More
answered on Mar 26, 2023
My condolences for the loss of your father.
California Health and Safety Code section 7100 specifically states: "The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be... View More
Do I need to apply for successor conservator of the person and estate?
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answered on Mar 26, 2023
In California, the court can appoint a conservator of the person and/or estate of an individual who is unable to care for themselves or manage their finances due to a physical or mental incapacity.
If you are applying to become a successor limited conservator of your son with autism, you... View More
able to make other decisions or does he need another POA to do that?
answered on Mar 22, 2023
Health Care Directives generally only cover health care decisions after a person is no longer able to handle their own decisions due to the loss of their mental capacity, as certified by a physician (as well as any other requirements listed in the directive.)
Durable Power of Attorneys do... View More
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