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My parents bought condo &house and y grandparents cosigned. When grandfather died grandma dementia got bad, so my uncle put the my parents houses in trust. Can he do that?
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answered on Feb 26, 2024
Under California law, the ability to transfer property into a trust depends on who holds the title to the property. If your parents are the rightful owners of the condo and house, typically, only they have the authority to transfer their property into a trust. Co-signing on a loan does not grant... View More 
I really need this because I was forced to move out by executor and start new life with no money except enough to pay rent but still no job but I’m trying and my bills are piling up so is my girlfriends I just want to live my life again my sisters seem comfortable now that I’m waiting to get... View More
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answered on Feb 24, 2024
In California, when you receive a significant inheritance like $370,000, it's crucial to manage it wisely to ensure financial stability, especially in your situation with immediate financial needs and no current job. The first step is to deposit the inheritance into a safe and accessible... View More
Or I will have to sell my mobile home I just got from one of homes sold bevause they kicked me out of other one that my dad said he didn’t want sold and I barely had enough to buy mobile home and now I’m trying to find work in new town and am barely surviving with my Partner my sisters both... View More
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answered on Feb 24, 2024
In California, the distribution of an inheritance is typically governed by the terms of the deceased’s will or, if there is no will, by state intestacy laws. These laws determine how assets are divided among surviving relatives. If you are legally entitled to a portion of the inheritance, your... View More
I was forced to sell my home and they know I can’t get a lawyer I’ve been barely surviving got a year now and I’ve signed it even knowing they have both gotten more than I especially my sister she has taken way more from my share is their anything I can do or must I suffer until they sign... View More
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answered on Feb 23, 2024
In California, if an executor is not performing their duties properly or is acting against your interests, you have the right to petition the court for their removal and to enforce the distribution of the estate according to the will or state law. This includes cases where the executor withholds... View More
My mom needed work done in her attic. A company called Attic Project took on the work knowing very well we didn't have the money stating my mom can pay them back later. I her son signed an agreement. My mom owes them 7200.00 now they want to place a mechanical lein on her home by middle of... View More
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answered on Feb 28, 2024
Under California law, dealing with a mechanic's lien on a property requires prompt and careful action. If a lien has been placed on your mom's home due to unpaid debts for work done, the first step is to review the agreement you signed with Attic Project. It's important to understand... View More
And I need it can’t afford lawyer til after but it says I can’t fight anything when I sign
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answered on Feb 22, 2024
In California, it is common for executors to ask beneficiaries to sign a release form before distributing their share of the estate. This release can include language that absolves the executor of liability for their actions during the administration of the estate. While this practice is legal,... View More
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answered on Feb 22, 2024
In California, if a distribution letter is signed in the context of an estate that did not require formal probate, the timing for receiving your share depends on several factors. For estates that are administered without formal probate, such as those that pass via trust, joint tenancy, or other... View More
I'll be brief, today is day 29. Aunt died years ago, mom was designated beneficiary of eatate and 1/2 listed executors in will, can't find other. Mother since died, father received notice of abandoned funds (final disability benefits), 30 day notice. Assuming since the funds were... View More
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answered on Feb 22, 2024
A few key considerations:
- If your mother was named as the sole beneficiary on assets that passed outside of probate (like life insurance or retirement accounts), then typically the money would go to her estate upon her death. As her spouse, your father may be entitled to some or all of... View More
co-trustees. I've lived on the property for over 15years and am a named beneficiary of the trust. My brother somehow was able to evict me. The trust was revocable so he very well may have removed me from the trust. I haven't been able to get a copy of it. I just don't understand how... View More
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answered on Feb 22, 2024
Based on the information provided, it seems there may be a few issues at play with regards to your brother being able to evict you from the property that is held in a family trust:
1. If the trust was revocable, and your brother is a co-trustee, then potentially he and your sister could... View More
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answered on Feb 21, 2024
Here are some options for estate planning in California without hiring a lawyer:
1. Use free or low-cost online templates to make your own will, living trust, etc. Sites like RocketLawyer.com or Nolo.com have templates that follow California laws. They cost much less than hiring a lawyer to... View More
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answered on Feb 21, 2024
If a will has not gone through probate and a house that was part of the estate was sold a month ago, there are a few factors that determine when the beneficiaries would receive their share:
- Who sold the house? If it was sold by the executor without going through formal probate court, they... View More
My sister is executor they have lied to me as well and doing unfair things do I have my rights I can’t afford help they know it
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answered on Feb 20, 2024
In California, as a beneficiary of a will, you have rights to be informed about the estate and the distribution of assets. If your sister is the executor and is not being transparent or fair, you can request a copy of the will and an accounting of the estate from her. Executors have a legal duty to... View More
My aunt abused her caretaker/trustee position to exert undue influence on my grandparents to secretly create two amendments to their family trust just before they died. They were in their mid 90's, had dementia, were legally blind, and clearly did not understand what they signed. While they... View More
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answered on Feb 20, 2024
Under California law, a trustee is obligated to act in the best interest of all beneficiaries according to the terms set forth in the trust document. The trustee must adhere to the duties of notification, which include informing beneficiaries about the trust and any significant changes to it, such... View More
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answered on Feb 20, 2024
In California, if your name is misspelled in a trust document where you are named as the trustee, it's usually not a significant issue that affects your authority or duties as trustee. However, for clarity and to avoid potential confusion in the future, especially when dealing with banks,... View More
Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.
Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.
answered on Feb 18, 2024
It applies only to property occupied by you, or your spouse, or a very close family member. See the actual statute, below, for the definitions,... View More
Two beneficiaries of a revocable trust stated in California removed funds held in trust by me to deny me reasonable compensation and unreimbursed expenses. One of the beneficiaries was my soon-to-be ex-husband. The trustor is my mother-in-law and I believe her to be financially incompetent and had... View More
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answered on Feb 21, 2024
In California, it is possible to address your situation through legal proceedings, but the strategy involves careful consideration of the complexities involved in trust and conservatorship law. When dealing with a conservatorship petition, specifically if you believe a party to be financially... View More
Grantor left three beneficiaries to an estate valued at $1,000,000
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answered on Feb 21, 2024
Upon the death of the grantor of a living trust in California, the successor trustee has certain legal obligations to provide notice to the trust beneficiaries. Here are the key details:
• Notice of Trust - Within 60 days after the grantor's death, the successor trustee is required... View More
I became the trustee when my mother passed away. I am sole beneficiary, and there are no alternate successors mentioned in the trust.
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answered on Feb 21, 2024
In California, the terms of the trust document itself largely determine the ability to add a new successor trustee without court intervention. If the trust document provides a mechanism or procedure for the appointment of successor trustees, and you, as the current trustee and sole beneficiary,... View More
I need to make distributions from the estate that I am executor of. the court order named beneficiaries by their names so in their personal capacity. The beneficiaries want me to wire money to their trust accounts. one has a living trust and the other has a special needs trust for their adult... View More
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answered on Feb 21, 2024
Under California law, the distribution of estate assets must generally adhere to the terms outlined in the court order and any related legal documents. If the court order specifies distribution to the beneficiaries in their personal capacity, wiring the funds directly to their trusts may not align... View More
Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts
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answered on Feb 21, 2024
If the bank has denied your legitimate power of attorney (POA) over your friend's affairs and frozen his accounts, it's crucial to take prompt action to address the situation. First, review the specific terms of the POA document to ensure it complies with California law and contains all... View More
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