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Father recently passed and I have 2 questions regarding the will/accounts.
There is a section in the will that states "By separate document(s) I may have made a series of specific bequests and although I know that these bequests are not legally binding upon my fiduciary, I hereby... View More 
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answered on Mar 22, 2023
It's important to review the specific language in your father's will and any separate documents he may have created regarding the disposition of his assets. Depending on the specific wording of the will and any other documents, you may have a legal argument for receiving a portion of the... View More
He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... View More
answered on Mar 21, 2023
California law provides that people in this state who have assets valued at more than $184,500 (that's the gross value or what you could sell the assets for, NOT the net amount of a home minus the mortgage, for example), those people have two choices: (1) each person could have a Will or do... View More
I live in Michigan, he was born in Illinois and I can get him a birth certificate, he has no photo ID at all. He needs it to travel to see our mother who is dying of cancer. He lives in Venice Beach, CA and has no bank account, drivers license, or job that would give him a payroll check. He is a... View More
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answered on Mar 20, 2023
Obtaining a Social Security Number (SSN) for your mentally ill brother can be a challenging task, but it is not impossible. Here are some steps that can be taken:
Obtain his birth certificate: As your brother was born in Illinois, you can contact the Illinois Department of Public Health or... View More
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answered on Mar 17, 2023
Under California law, an attorney is generally not allowed to charge a client for the time it takes to withdraw from representation. The State Bar of California has determined that withdrawing from representation is a fundamental aspect of the attorney-client relationship, and therefore, it is... View More
answered on Mar 17, 2023
Here are five suggestions: (1) check your grandmother’s address book or cell phone for a lawyer’s title [it may have “Esq.” after the lawyer’s name or it may say “attorney” or “lawyer” after the name] or your grandmother may have a business card near her telephone; (2) check with... View More
My mom did revocable trust in July 2020, the notary forgot to print deed for my mom to put house in trust. I wasn't aware of this until she passed on 12/27/22, I started to do the trustee paperwork and realized the house never made it into the trust. I hired an attorney to do the heggstad... View More
answered on Mar 14, 2023
Lawyers don't like to be involved in only PART of a legal matter because, if the non-lawyer/client does something that causes problems, the client is likely to blame the lawyer even though the lawyer didn't cause the problem. It's just a recipe for disaster. Plus, most insurance... View More
My mom worked for Santa Monica City Attorney for over 20 years. She has a pension she payed into for over 20 years. After one year of retirement she passed. I am the beneficiary of her pension, her son. calPERS who handles the pension says I owe them $5000 and after I pay them I will get $1000... View More
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answered on Mar 14, 2023
Typically, the beneficiary of a pension plan is designated by the pension plan participant (in this case, your mother) and listed in the pension plan documents. If your mother listed you as the beneficiary of her pension plan, then you should be entitled to receive the benefits that were designated... View More
Home 50/50 but has since quick claimed it ,The quick claim over rides the will ,correct?
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answered on Mar 12, 2023
If your mother transferred ownership of her home to your brother via a quitclaim deed, this transfer may supersede any provisions in her will that relate to the home.
However, the specifics of how the transfer affects the distribution of assets will depend on the laws of the state where the... View More
Prior to 850 (Heggsted) Petition hearing, wherein a Probate judge can issue an order confirming Trust property, does Trustee have standing for UD action against beneficiary? Does Trustee of revocable Trust (now irrevocable), need to lodge will, file request or any other doc with court first?
answered on Mar 9, 2023
Most trusts have a section called Trustee Powers. If your particular trust gives that power to your trustee, then the answer to your question is “yes”. But please know that the powers that are given to the trustee may be strewn throughout the trust as well as in the powers section. But the... View More
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answered on Mar 6, 2023
To transfer Puerto Rico real property to a California trust, the following steps may be required:
Determine the applicable laws: The first step is to determine the relevant laws that govern the transfer of real property from Puerto Rico to California. This may include Puerto Rican property... View More
answered on Mar 6, 2023
Yes. The Notice has very specific legal requirements set out in the law. The Notice must contain specific language and it must be served on people named in the trust as well as the heirs at law, which are the people who would have inherited if there were no Trust or Will. It’s impossible for a... View More
Is It a Breach of Trust/Breach of Fiduciary Duty,If a Successor Trustee of a Revocable Living Trust files a Summons & Complaint (Complaint & Interpleader Request for Declaratory Relief).Before paying out the Beneficiaries, after receiving an Attorney Fee Lien from one of the... View More
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answered on Mar 5, 2023
Under California law, a spendthrift clause in a revocable living trust generally protects the trust assets from the claims of a beneficiary's creditors, including attorney's fees owed to a former attorney. However, if the trustee has been presented with a valid and enforceable lien or... View More
Mom passed away earlier this month and I am the trustee of her estate. My sister is a real estate agent in another area and a beneficiary of the estate. Is there a conflict of interest if she acts as the listing agent for her commission? With regards to my fiduciary responsibility, I was going... View More
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answered on Mar 4, 2023
Yes, there could be a conflict of interest if your sister acts as the listing agent for the estate home. As the trustee of the estate, your fiduciary duty requires you to act in the best interest of all beneficiaries, not just your sister. If your sister acts as the listing agent, she would be... View More
Of course for a small fee for there time ,.
answered on Mar 1, 2023
Yes! I consult regarding probate matters so feel free to email or call my office.
conservatorship,and a heir to a estate
answered on Mar 1, 2023
A guardian ad litem is a court-appointed representative of a person who is unable to speak for themselves in court. A guardian ad litem is a neutral person (such as an attorney or social worker) who represents children under 18 (minors) or an adult who a physician says lacks sufficient mental... View More
We have a trust and I’m not receiving documentation pertaining to the home
answered on Mar 1, 2023
Documents filed with the County Recorder are public records, so you could search the county's records to see what, if anything has been filed by the co-trustee. If you end up having too many communication issues with the co-trustee, the trust likely says how to get rid of the trustee who is... View More
the way it is with the word "or" between names in California. Is that what will happen?
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answered on Feb 26, 2023
If two people own a car jointly and the title lists both names with the word "or" between them, it means that either person has the right to transfer ownership of the car without the other's permission. If one of the owners passes away, the surviving owner would become the sole owner... View More
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answered on Feb 25, 2023
If you are seeking to claim equity in a trust in California, you may need to file a legal case to assert your rights. Here are some steps to consider when filing a case to claim equity in a trust:
Consult with an attorney: It is highly recommended that you consult with an attorney who... View More
her minor grandchildren to her son 3 months prior to her death. This is all available on documents filed with the court. The son was her caretaker for the last 5 months of her life. I was very close to this woman for years, and I can provide detailed context. I am not a family member, and would... View More
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answered on Feb 24, 2023
If you suspect that there may have been undue influence or fraud involved in the change of beneficiaries for this woman's estate, and you believe that her minor grandchildren may have been unfairly excluded, there are several steps you can take to have this situation investigated.... View More
they passed away without a will as one of the surviving children do i have to do anything for him to sell the house?
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answered on Feb 23, 2023
As a surviving child of your parents who passed away without a will, you have certain legal rights under California law. In California, when a person dies without a will, their property is distributed according to the state's laws of intestacy.
Under California's laws of... View More
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