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California Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for California on
Q: What if I do not know where or what the estate/trust of my late fathers. But was contacted by an attorney .

Which has not enclosed any information about this matter besides asking me to provide proof that am his heir (only) . Now they were to get ahold of me but have not nor returning my wail or phone calls. How do I get information about this matter would help?

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 23, 2024

It is possible that the attorney who initially contacted you had consulted with someone looking to claim your late father’s assets and wanted to confirm if you were related and alive so that you may have a claim to your late father’s assets as an heir or beneficiary of his Will or Trust. It is... View More

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2 Answers | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: I was contacted by an attorney who needed me to prove I was the heir of my Late dad.

she told me that I gave her enough proof and that she would be directing me to another attorney that a trust of a trust that my dad was the beneficiary. so I’ve emailed and called this attorney multiple times and have not gotten anywhere. Talk to a person that works for his office one time and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2024

I do not practice in Estate Planning, but your question came up in the Arbitration/Mediation category, one of the selected tags. As a general note for ANY type of matter, it could be advisable to learn more before disclosing personal information if you've simply been contacted out of the blue.... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: if it involves an estate in California, do I need to find an state lawyer in California or can I use one in Nevada?

Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 20, 2024

If you have an interest in a California’s decedent’s estate, then you will want to retain a California attorney who practices in the field of orobate and trust administration and litigation to assist you in evaluating your rights and directing you how best to proceed.

If the California...
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1 Answer | Asked in Estate Planning and Family Law for California on
Q: How long in Massachusetts does a personal Representative have to settle an estate.
James L. Arrasmith
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answered on Oct 14, 2024

In Massachusetts, once you are appointed as a personal representative, you generally have up to one year to complete the probate process and settle the estate. This timeframe includes gathering and valuing assets, paying debts and taxes, and distributing the remaining property to the beneficiaries.... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Small Claims for California on
Q: Dad died 9/4/24. Landlord paid $200 of $1000 deposit saying he's cleaning, no itemization. Over 35 days does he owe all?

Landlord supposeldy paid $200 to a state worker, who was already being paid by the state, to clean my dad's place depaioutr request to clean it ourselves, and $200 to me out of $1000 deposit (which was mot a cleaning deposit), but no explanation for the balance and kept all paperwork. Father... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry for your loss. In California, your landlord is required to provide an itemized statement of any deductions from the security deposit within 21 days of the tenant's departure. Since your father passed away on September 4 and the landlord took more than 35 days without proper... View More

1 Answer | Asked in Estate Planning for California on
Q: In California can a will which has line for 2 witnesses just be notarized instead of 2 witnesses?
James L. Arrasmith
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answered on Oct 11, 2024

In California, a will generally needs to be signed by the testator and witnessed by two individuals to be valid. The law does not allow notarization to substitute for the two required witnesses. Even if the will is notarized, it may not meet the formal requirements for probate without witnesses.... View More

4 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: In California, which form do you use to respond to a Petition for Instructions in a probate case?

Trustee has filed a Petition for Instructions and I would like to respond to this request

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 7, 2024

Simply draft a pleading entitled “Objections of (insert your status and name , ie Heir Phil Suth) to Petition For Instructions”.

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1 Answer | Asked in Estate Planning for California on
Q: Trust or Will be paid by the executer of the Will, as debt being paid off do the benificary, money... During the death
James L. Arrasmith
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answered on Oct 7, 2024

When a person passes away and leaves a will, the executor of the estate is responsible for managing and distributing the assets according to the terms of the will. The executor also ensures that any debts or obligations, such as funeral costs or outstanding bills, are paid from the estate before... View More

2 Answers | Asked in Estate Planning and Family Law for California on
Q: My idiot brother is stopping me from seeing or talking to my mom because he has the power of attorney.

I know the power of attorney doesn't give him that right.

Julie King
Julie King
answered on Oct 7, 2024

Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More

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5 Answers | Asked in Estate Planning and Civil Rights for California on
Q: Can an attorney who claims to have personal knowledge submit two different versions of an event to the court? !
Julie King
Julie King
answered on Oct 4, 2024

People can write whatever they want and give the document to the court clerk, who will accept it so long as it is in the right format. But, after that point, the judge and any opposing party will read it. If the information that the witness changed is material (meaning it matters from a legal... View More

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for California on
Q: I would like to take adverse possession of an abandoned property. Where should I start as far as legal process goes?

The neighbors cut my locks and relocked the gate that I used to gain entry. I had documented the adverse possession sign that I posted before then and I documented the conditions of the property. The house has been abandoned over 20 years and the neighbors dont believe I have the right to be there.... View More

Howard E. Kane
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Howard E. Kane
answered on Oct 1, 2024

Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an... View More

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3 Answers | Asked in Estate Planning, Family Law, Business Law and Probate for California on
Q: Do i have a case? and enough proof?

My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 27, 2024

Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More

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1 Answer | Asked in Real Estate Law and Estate Planning for California on
Q: In a property line dispute and the house is in a trust with 2 TTEES, do both TTEES need to be listed on all legal docs?

We are in litigation with the neighbor next door. My lawyers hate me, I think they have issues with strong, smart women, so they have left me off all communications and have referred to me as "resides with the Plaintiff." The house is in a trust and we are both trustees. Don't I... View More

James L. Arrasmith
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answered on Sep 26, 2024

In a trust where both of you are co-trustees, you both generally have equal authority and responsibility in managing trust assets. This includes legal matters related to the property held in the trust, such as disputes over property lines. It’s important that both trustees are kept informed and... View More

3 Answers | Asked in Estate Planning for California on
Q: My grandmother left me a portion of her trust to be given once my mom dies. Can my mom change that?

My grandmother left her money in a trust after she died in CA. Per my mother- my grandmother left me a portion of the trust to pay out upon my mother's death. In the interim my mother also has access to the trust/ money. If my mother and I have a falling out, can she change the trust so that I... View More

Julie King
Julie King
answered on Sep 23, 2024

Unfortunately, a lawyer would need to read the language of the specific trust at issue before we know how to advise you. Speaking generally, if money is left in a trust and any LEFTOVER money goes to you, in most instances, the money is your mother's to do with as she pleases (just like any... View More

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1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and White Collar Crime for California on
Q: When I filed a complaint with the judicial performance in California and acknowledge several things wrong in my file.

So my mother was charged for my fathers death her attorney had a judge who was supposed to be hearing cases hear her case She was charged gross vehicular manslaughter reduced from a felony to an infraction charge They sealed her file and later on purged her file so a judge who is a former law firm... View More

James L. Arrasmith
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answered on Sep 23, 2024

It sounds like you’re dealing with a very complex situation, and it must be frustrating to feel like the system hasn’t addressed the issues you raised. From what you’ve shared, the judicial proceedings around your mother’s case and your own conservatorship appear to have had several... View More

1 Answer | Asked in Estate Planning for California on
Q: Executor is not following the simple will trying to garnish a portion of my grandfather’s portion of my grandmas estate

Hello I’m reaching out to you on behalf of my Grandfather. My family is in the middle of a probate case, case # 23PR194695 , in Santa Clara County involving my late grandmothers estate.

James L. Arrasmith
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answered on Sep 20, 2024

It sounds like you’re facing a frustrating situation with the executor not following the terms of the will as intended. Executors are legally obligated to act in the best interest of the beneficiaries and carry out the wishes of the deceased as outlined in the will. If the executor is withholding... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: Estate disbursement, separate property

I was added to property title after a trust was created. In the trust, the property is listed as separate. Who does it go to when the original property owner dies?

James L. Arrasmith
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answered on Sep 18, 2024

When the original property owner passes away, the distribution of the property depends on the terms of the trust. If the property is listed as separate in the trust, it will be treated according to the instructions outlined in the trust document. This could mean the property is given to specific... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: What happens if notice of death was not given within 90 days for Medi-Cal Estate Recovery? CA Probate Code Section 215

A Medi-Cal recipient passed away a few years ago, and notice was never given to DHCS. What are the consequences of missing the 90 day deadline? The recipient was survived by their spouse, who just passed away recently and was also a Medi-Cal recipient. The estates aren't being probated. How... View More

James L. Arrasmith
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answered on Sep 18, 2024

If the notice of death for Medi-Cal Estate Recovery wasn’t provided within 90 days, the Department of Health Care Services (DHCS) may still pursue recovery from the estate, but there is no immediate penalty for the missed deadline. However, it’s important to notify DHCS as soon as possible to... View More

1 Answer | Asked in Estate Planning for California on
Q: My mother is 86 years old and recently asked me to draw up a trust for her. She has a small life Insurance policy and

lives month to month from Social Security. Also, she owns her home but has a 2nd mortagage and

Equity line of credit on it. She wants to put her home up for

sale. However. she is concerned she may pass away before it sells.

What kind of trust does she need and that... View More

James L. Arrasmith
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answered on Sep 16, 2024

To protect your mother's home in case she passes away before it sells, she may want to consider setting up a revocable living trust. This type of trust allows her to retain control over her assets while she's alive and provides a way to transfer the property smoothly without going through... View More

1 Answer | Asked in Contracts, Estate Planning and Family Law for California on
Q: My best friend passed away about a month ago. He had/ has a Harley Davidson. In the best interest of the mother, we had

the bike moved off-site. I have the pink slip. One of the roommates wants the pink slip, she is good friends with whom the bike is stored at. She states she is trying to sell the bike, but I'm saying, until the buyer is at this house with cash in hand I'm not handing over the pink slip.... View More

James L. Arrasmith
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answered on Sep 12, 2024

It sounds like you're in a tricky situation, but you’re on the right track by being cautious about handing over the pink slip before ensuring the bike is properly sold and the proceeds go to the mother. The pink slip represents ownership, so holding onto it until the sale is finalized... View More

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