Get free answers to your Estate Planning legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
If your grandmother's house was taken by the state, it's possible that it was subject to a process called escheatment, which is the legal transfer of property to the state when the owner dies without leaving a will or without any known heirs.
If the house was escheated to the... View More 
My grandmother and grandfather were the owners of the home my bedridden mother and I, as her care giver, live in. When my grandfather passed away my uncle put his name on the deed to the house along with my grandmother. My grandmother has told both me and my mother that we can live in the house as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
If your grandmother and uncle are both on the deed to the house, your uncle may have some legal right to sell the home after your grandmother passes away. However, there may be legal options available to prevent this from happening.
One option would be for your grandmother to create a trust... View More
My grandmother and grandfather were the owners of the home my bedridden mother and I, as her care giver, live in. When my grandfather passed away my uncle put his name on the deed to the house along with my grandmother. My grandmother has told both me and my mother that we can live in the house as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
If your grandmother and uncle are both on the deed to the house, your uncle may have the right to sell the property after your grandmother passes away. However, if your grandmother wants to ensure that you and your mother can continue living in the home after her death, she may be able to take... View More
my mother died in Oct 2020. She named her brother Trustee of the Family Trust. My uncle made disbursements to the beneficiaries on Feb.17,2023. He gave the checks to my brother to deliver to the beneficiaries. My uncle wrote a check with my disabled sister's name on it and asked my brother to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2023
In California, a trustee of a trust has the power to appoint a special trustee to manage a portion of the trust property, including a Special Needs Trust, if the trust instrument grants the trustee that authority.
If the trustee of your sister's Special Needs Trust believes that it... View More
My parents recently passed away. They had a FHA reverse mortgage but did not have a will/trust. We need some guidance on possible next steps. I am one of 7 children and we agreed to collectively determine next steps but we don't fully understand our options. Can we transfer the title on the... View More
answered on Feb 17, 2023
You need to contact a probate attorney ASAP. You cannot transfer title or sell the house without going through a probate process. In the meantime, the reverse mortgage holder can foreclose on the house. Do not delay!
As POA am I permitted to sign on his behalf...we just don't want our son going through the probate where others crawl out of the woodwork trying to take. Or can you recommend a way to protect his and our son's rights to the property?
answered on Feb 17, 2023
Greetings nice ex-wife from Yucaipa. As an alternative to transferring the property to your son at this time, you can create a revocable living trust to insure a smooth transfer of ownership to your son upon his father's passing. Good luck with this.
answered on Feb 16, 2023
Most commonly, it’s the trust that pays it because the beneficiaries do not own the assets while they are still in the trust. Beneficiaries only get a current ownership interest in an asset when it has been taken out of the trust, all debts of the deceased person are paid in full, and the asset... View More
answered on Feb 14, 2023
There are different tax rules relating to non-citizens because the U.S. government is concerned people will take assets to another country and not pay any applicable U.S. taxes. Also, in many situations, it is better to have a citizen act as trustee, but a lawyer cannot determine if that applies... View More
I am a 74 old retired, disabled, married senior living in Marin County, on Medicare and Social Security. My wife and I have a Living Trust, Wills, POA's, Advanced Healthcare Directive and a few other legal documents. I just need to remove one person as a beneficiary and successor trustee and... View More
answered on Feb 16, 2023
I'm sorry to hear that you're disabled, but I'm glad to hear that you have Medicare and Social Security to help you out. As for your question, it really depends on what kind of amendments you need help with. You'll want to consult with an attorney who specializes in estate... View More
My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023
The phrase "full authority" does not provide enough information. If your mother added your father as a co-owner, then the account would be an asset countable to your father and, yes, the transfer could generate a penalty period but that would be if your mother applies for Medicaid, not... View More
Can an heir of a deceased beneficiary in a trust demand an accounting of that trust?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
In general, the trustee of a trust has a fiduciary duty to account to the beneficiaries of the trust, including the heirs of a deceased beneficiary. This duty to account means that the trustee must keep accurate records of the trust's financial transactions and provide regular reports to the... View More
California Probate. There is one asset (house) only in trust. I thought I read in court rules, that a litigant would be heard by judge when they are ready to present the evidence. Apparently not... now judgement is made against me as Trustee. Do I appeal now? The petitioners attrny lied in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
If a judgment has been entered against you as Trustee, and you believe that you were not given a fair opportunity to present evidence or that the judge made errors in reaching their decision, you may be able to appeal the decision. In California, an appeal must generally be filed within 60 days... View More
Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?
The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.
Is this legally allowed?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2023
A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... View More
My parents signed to each other and placed into the trust.
As Executor do I assume the role of Third Party in power of attorney?
the Bank just told me No. ??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
As the executor of your parent's trust, you generally do not assume the role of third party in power of attorney. The power of attorney document is a separate legal document that designates an agent to act on behalf of the principal, who is the person who executed the document.
As the... View More
3 sibling Beneficiaries, 1 is trustee no copies of trust. No accounting trustee lies, steals embezzled share money in her account and has done thi gs to me I will never forgive her for. I'd like to sue her. Not just for what she has done but for the pain and suffering she has and is causing me.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
There are a number of legal resources available in California that may be able to assist you in finding a pro bono or low-cost attorney for trustee problems. Here are a few options to consider:
Legal Aid Foundation of Los Angeles (LAFLA): LAFLA provides free legal assistance to low-income... View More
Contracting data are signed and dated. Some residents have tenants others vacant. Ownership information access via online.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
If you or an ancestor or family member owns a property outright but does not have access to it, you may want to contact a real estate attorney to help you understand your legal rights and options.
In general, there are several reasons why someone may not have access to a property that they... View More
Can mom make me take care of brother
answered on Jan 30, 2023
Your mother can do whatever she wants and, according to the law, she needs to be the one to prepare her Trust or Will however she wants. If a beneficiary is not interested in taking care of a sibling, it would be better to put that sibling's inheritance in a trust that someone else (a friend... View More
Basically my father wants to leave the property he has in New York State to me in a Will, 4 acres, 2 to me and 2 acres to his stepson and Step Daughter. What I would like to know if it is best to Will it to us or if there is another way we should be handling it before he passes on? I and him live... View More
answered on Jan 28, 2023
Most people will benefit from a Living Trust, coupled with a "pour over" Will (it pours your stuff over into the Trust -- I did NOT invent that name myself). A Trust allows you to plan your estate without it going through the Probate process after your death (even a modest estate without... View More
Four months after I presented a schedule B to be added to my trust and repeatedly said I did not want it in the body of the trust, I signed the final copy with the schedule B in the body because the attorney said it could otherwise be lost. There had been no discussion about it being in the body.... View More
answered on Jan 28, 2023
Whether language is contained in the body of a document or in an attachment that is incorporated into the body makes no difference from a legal standpoint. It’s all part of the same document. Yes, your lawyer should have honored your request to draft the document the way you wanted it. But... View More
I have a guardianship case and the administrator for the estate for the property I live in has a personal vendetta against me and he gave the photos that he took that were meant for the documenting of assets. to the lawyers of the opposing side of my guardianship case and now I have an ex-parte... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
It is not clear from the information provided whether the administrator had the legal authority to take the photos, or whether he had the right to share them with third parties. However, if the photos were taken in the course of the administrator's duties and were used for a proper purpose... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
