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They are not selling it at present. They both own it as joint tenancy. So basically if one dies the other automatically owns it. But my husband wants his half to go to our kids. Would a living trust simply stating his wants be enough to over ride the joint tenancy? And would he need to make the... View More 
answered on Jan 27, 2023
As a first step, I recommend severing the joint tenancy by filing a tenancy in common (TIC) deed. The next step is to create a living trust and then fund the trust with the property by way of a trust transfer deed. This will insure a smooth transfer of the property without probate to your kids... View More
I was told taxes were paid out of family trust, I have resided on this property for 15 years . My brother and sister were suppose to be signing me as sole ownerbut My brother unexpectedly passed away and he never switched into my name. He told me the property taxes were all paid but I found out... View More
answered on Jan 27, 2023
If your brother died prior to closing the estate, whomever is named as the alternate executor in the Will needs to apply to be named as executor to handle whatever tasks remain to be completed.
If the family trust is obligated by the trust instrument to pay the taxes, you should approach... View More
My dad’s share of estate became irrevocable in 2004 when he passed away. Thru undue influence my sister took mom to an attorney formed a new trust transferred the entire estate (including dad’s share) and then disinherited me. Can I file an 850 to bring dad’s share back into the trust?
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answered on Feb 20, 2023
Yes, you may be able to file a petition under California Probate Code section 850 to bring your father's share of the estate back into the trust. Section 850 allows interested parties to petition the court to modify or correct a trust or other instrument that is the product of mistake,... View More
only owner of this corporation. Corporation owes me under the deed of trust $350k. Can I transfer the property to my own name as a trustee of this corporation or do I have to buy it. The purchase price is not going to be a fair market value. I live in California. Can I protect the real estate... View More
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answered on Feb 20, 2023
As the sole owner of the corporation, you have the ability to transfer the property to your own name as a trustee of the corporation, but you should consult with a qualified attorney or tax professional to ensure that you are following all applicable laws and regulations.
Regarding the... View More
My grandparents left a cabin to him. In the living trust, they left a portion to all four of us boys, so why would she have a side of a bondwaiver before it goes to the probate.
answered on Jan 24, 2023
I'm sorry to hear about your dad passing. According to the probate code, as the surviving spouse, your mom has priority to act as the administrator of your father's probate estate. The court can waive the bond requirement if all beneficiaries sign a bond waiver. If all beneficiaries do... View More
My mother has been ruled incompetent, and I am one of four siblings who share a quarter of a living trust. Four of the four siblings have the power of attorney. 3 out of 4 siblings, including myself, are successor trustees as of 7 years ago. We're selling a property in Los Angeles for $12... View More
answered on Jan 23, 2023
I will start by saying this: You really need to get the assistance of an estate planning lawyer because it does not appear that you understand how trusts work or what your mother's trust says. First, I don't know any lawyer who would write a trust with four people named as successor... View More
The taxes but never changed the deed dose he and his children now own the house.and if not what do her children do now
answered on Jan 21, 2023
There is an area of law called “squatter’s rights”, which allows people who continuously live by themselves in vacant property for a certain period of time to apply for ownership. Each state has different rules and requirements to gain ownership. It’s hard to tell if these laws apply to... View More
the corporation. Can I transfer the property in to my trust in ca without any tax consequences.
Do I need to create trust before transferring
answered on Jan 21, 2023
Anyone can place their real estate and other assets into a revocable trust (a trust that can be changed or modified by the owner, who is called a Settlor or Trustor) at any time and there shouldn’t be any tax consequences. Schedule A to the trust should list the corporation as an asset of the... View More
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answered on Jan 19, 2023
We'll start with the deed. With the joint tenancy, when Dad dies, the survivor (Mom) gets the property. However, if Dad received an order or judgment in the divorce which said the property will be solely his, that should be enforced to reform the title [removing Mom]. Now who gets it? It... View More
My grandmother had a revocable living trust in place and has recently passed away. She designated a friend as her successor trustee and named my father and my uncle, and all four of her grandchildren as beneficiaries in the trust deed. I've not actually seen the document, but I'm told it... View More
answered on Jan 14, 2023
If you are a named beneficiary of the Trust, even just 1%, then you are entitled to a copy of the full terms of the trust terms upon request. I would suggest making a written request, ideally by e-mail or letter, and then consulting an attorney if the trustee continues to refuse.
I do Not Know What Form to file to continue collecting the debt owed to me
answered on Jan 16, 2023
It’s hard to know what you need. Most courts have a self-help center that can assist you with what form to use, but they cannot advise you after that because the people working there are not lawyers. Start there because it’s free. If you still need help after that, you’ll need to hire a... View More
Her son insists that he should get her share. Dad is still living and won't change trust. Can my nephew dispute the trust after my dad passes.?
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answered on Jan 8, 2023
The plan of distribution you have described is perfectly legitimate and rather common. The nephew would not be able to challenge is just because he does not like it. To challenge it he would have to prove that the parents (makers of the trust) were not of their right mind when they signed the... View More
Parents creates a DPOA.
Later on in life 2 doctors state in writing "unable to direct personal and financial affairs."
Later, parent tells other child " can you help me remove her as DPOA." Because parent and DPOA had arguement about healthcare.
Sibling... View More
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answered on Jan 19, 2023
If the parent needs protection to avoid others taking advantage, the best course is a conservatorship. The conservatorship will supplant any powers of attorney and provide additional powers to the conservator. Otherwise, you can litigate to invalidate any new DPOAs on the basis of incapacity.
answered on Jan 5, 2023
If the person who died has $184,500 or less in his/her/their estate, then yes, a Small Estate and an original death certificate should be enough. But many banks have their own forms they require people use. On the other hand, if the person who passed had assets valued at more than $184,500, you... View More
I have our house in a revocable trust and need to transfer (or amend) to protect the assets from litigation/bankruptcy.
answered on Jan 4, 2023
An irrevocable trust would better protect the asset (generally), but there are ways to still get to the asset if it's shown to be a fraudulent transfer. You can't just hide your assets from creditors, and transferring the asset to an irrevocable trust on the eve of bankruptcy (or pending... View More
No doctor either. I"m with Kaiser Permanente and their doctors don't keep track of what patients they have. I have a will but no one to carry out any end of life wishes.
answered on Jan 7, 2023
A California attorney could advise best, but your question remains open for two weeks. Yes, lawyers do handle such matters. Your question probably went unnoticed in the general Uncategorized heading. There are lawyers who work with living wills, DNRs, and related issues. You could repost your... View More
Sold, then he dies, is the remaining money to be divided as monies or given to the person the property was intended for
answered on Dec 22, 2022
A lawyer would need more facts to answer your question. If the person who set up the trust (called a Settlor) personally, voluntarily sold the item specifically mentioned in a trust so the Settlor no longer owned it at the Settlor’s death, it’s possible the beneficiary would get nothing, but... View More
If a beneficiary is going through a civil lawsuit right now can I change my revocable family trust to remove them legally? Or will this get questioned as me trying to hide assets from potential future creditors?
answered on Dec 21, 2022
If the trust is truly revocable then the person who set up the trust (called a Settlor or Trustor) can change the trust however that person wants. Beneficiaries and others who don't like what the Settlor does with his/her/their own money and other assets cannot do a thing. So, the person who... View More
If a beneficiary on my revocable family trust is currently involved in a civil lawsuit can I remove them from the family trust? Or would a court consider this as trying to hide assets from creditors?
answered on Jan 14, 2023
A revocable trust can be amended at any time for any reason. Most trust also have "spendthrift" terms that clarify that a beneficiary's' "share" is not available to creditors until it is actually distributed to them. If your trust has that kind of term, you would... View More
Also can I legally change the family trust to remove them as a beneficiary once legal proceedings have started? Or is that grounds for accusing me of shielding assets improperly? Also so far there are no distributions being given to my beneficiaries.
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answered on Jan 19, 2023
Your beneficiary only has a theoretical right to a future benefit. You have the right to change or remove your beneficiaries (and shares) at any time and regardless of the reasons, including keeping assets from their creditors. Also, a trust attorney could help you modify your trust so that the... View More
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