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California Estate Planning Questions & Answers
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

2 Answers | Asked in Estate Planning, Probate and Securities Law for California on
Q: Please help. My son passed away 6 months ago. How do I access his treasury direct account. I need to know how to access

I am unsure or unaware of the specifics as my ex-husband took care of most of the financial details. He is also deceased and I am left in the dark on this. How do I go about accessing his account?

Adam Savett
Adam Savett
answered on Oct 2, 2024

To addd to the prior answer, further information can be found on the TreasuryDirect website - https://www.treasurydirect.gov/savings-bonds/manage-bonds/death-of-owner/

Good luck, and sorry for your loss.

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1 Answer | Asked in Estate Planning and Probate for California on
Q: I have been granted letters of administration of a property in my sister's estate can I collect the rent from rental pro

The property is currently owned by opposing party whom I've claimed got the property improperly and presented a fraudulent will through Discovery I have more than enough beyond the preponderance of evidence to prove my case. We are about to go in trial. Whether or not the ownership of property... View More

James L. Arrasmith
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answered on Sep 8, 2024

As the administrator of your sister’s estate, your primary duty is to manage and preserve the estate's assets for the benefit of all heirs and creditors. However, since ownership of the property is currently in dispute and is claimed by the opposing party, collecting rent from it could be... View More

1 Answer | Asked in Estate Planning for California on
Q: My moms siblings lied and made fake documents and did not give her any of the money from her parents trust .

My parents borrowed money from my grandparents in 1987 they had it all paid back plus 3 years of interest by 1994. They have the original promissory note and the bank account info where the money went and a signed receipt from my grandmother with a sister signing as a witness that the loan has been... View More

James L. Arrasmith
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answered on Sep 8, 2024

Your mom may have a case based on the evidence she has, especially if she can prove the loan was fully repaid and that the promissory note being used is a fake. The signed receipt from your grandmother and the witness could be strong pieces of evidence. Fraudulent documents used in estate planning,... View More

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for California on
Q: Can I take ownership/control of property owned by my sister who is on drugs, brain damaged and lives homeless?

Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More

Julie King
Julie King
answered on Sep 6, 2024

You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More

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1 Answer | Asked in Estate Planning and Probate for California on
Q: What if a attorney represented me in a probate . Won I think then turn around and sold my house to someone whom he was f

Friends with. Sold Aug 14 for $357,000 2024.Then sold again on Aug 14 ,2024 for $455,000.That was my $98,000.Then he fraudulently made someone my guardian. When I have a certificate of competency. So I couldn't go after her. For selling my ATV. Mal practice?

James L. Arrasmith
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answered on Sep 5, 2024

It sounds like you might be dealing with a serious situation involving potential misconduct by your attorney. If your attorney represented you in a probate case and then arranged the sale of your property under questionable circumstances, this could be a conflict of interest or even fraud,... View More

2 Answers | Asked in Estate Planning for California on
Q: My friend passed away and gave me a 10 thousand dollar gift in his will and it went through court the

Lawyer said 1 day i will get a check in the mail for that amount its been several months there is a house involved and also 450 thousand dollars when should i stop waiting for the distribution

Anthony M. Avery
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answered on Sep 4, 2024

I would hire a CA attorney to check out the probate case and the property's title. Then you might have some idea of whether to expect a large bequest.

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1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: I have a question for a Probate attorney on how to care for elderly parent when funds run low.

I am the daughter and Trustee for my father who is incapacitated. The funds in his Trust Account are running low. I need to pay for his home repair, accountant and other expenses needed from his HOA. I am wondering if I could take out a collateral loan against the home which is in the Trust, a line... View More

James L. Arrasmith
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answered on Sep 3, 2024

You can explore taking out a loan or line of credit against the home, as long as the trust document allows for it. Since you are the trustee, you have the authority to manage the trust’s assets, and if the trust permits loans, you should be able to use the property as collateral. However,... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: Trustee demanding a blood test drug test to one beneficiary rules? And rights of.
James L. Arrasmith
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answered on Sep 3, 2024

A trustee generally has a fiduciary duty to act in the best interest of the beneficiaries and follow the terms outlined in the trust. If the trust document specifies that a drug test is required for beneficiaries to receive distributions, the trustee may have the authority to request such a test.... View More

2 Answers | Asked in Estate Planning for California on
Q: California. House in a trust with parents. Mother died. Father in charge. I am one of four siblings. Trust Deed?

Father wants me alone to receive house. To avoid lawsuits from brother who will be entirely excluded how does he Grant Deed me the property so Father and I are both Trustors?

Julie King
Julie King
answered on Sep 1, 2024

The fact that you are asking rather than your father will set off alarms. It’s your father’s home to do with as he pleases. If you influence him to give it to you and that’s not what your father would choose to do on his own, then it’s possible you could get sued for undue influence, elder... View More

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1 Answer | Asked in Estate Planning, Health Care Law and Probate for California on
Q: Can I name someone to be my agent in my health care directive if I've also named this person as a beneficiary in my will

I am a legal resident of California

James L. Arrasmith
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answered on Aug 24, 2024

Yes, you can name someone as both your agent in your health care directive and as a beneficiary in your will in California. There's no law that prevents you from doing so. It's quite common for people to choose trusted family members or close friends for both roles.

However,...
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1 Answer | Asked in Probate and Estate Planning for California on
Q: Are there free legal aid services in san diego that can help someone write a simple will?

Elderly, 80 yr old, very low income, cannot afford an attorney

James L. Arrasmith
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answered on Aug 21, 2024

In San Diego, there are several free legal aid services that can assist with writing a simple will. Organizations like Legal Aid Society of San Diego provide help to low-income individuals, including seniors. They often offer services on matters like wills, probate, and estate planning.

You...
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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: My mother is 86 years old and has decided to sell her home. However, she is concerned that she may pass before it sells

My mothers health is failing. She has asked if I will help her make a trust online. Which trust would be best for her situation. Just incase, it does not sell first. I am getting it ready to put it on the market soon. Any advice will be greatly appreciated, Thank You

Julie King
Julie King
answered on Sep 11, 2024

There are some legal documents that I would say you can get away with pulling an online document from a legal internet site. But, unfortunately, trusts are NOT that type of document. They are very technical and one wrong word can cause a completely different outcome than desired. Whenever people... View More

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1 Answer | Asked in Estate Planning for California on
Q: Single Person dies with no bank beneficiary can sister go claim it with a death affidavit ? Sign bank small estate

Bank states I can claim my sisters account. I was suppose to be beneficiary-sister stated I was -but my name not on bank forms. Do we need to go to next of heir? Is that her/my mom? She is 97 years old doesn’t care for herself.

James L. Arrasmith
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answered on Aug 17, 2024

If your sister passed away without listing a beneficiary on her bank account, you may still be able to claim the funds through a Small Estate Affidavit. This process is available in California if the total value of the estate is under $184,500 and there is no will or trust. However, since your name... View More

1 Answer | Asked in Estate Planning for California on
Q: My sister resides at my parents home. Upon their death they are giving the house to me.

Does she have any right to the home upon death. She does not pay rent, my husband and I will be moving into the home after that. Parents are still alive.

James L. Arrasmith
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answered on Aug 16, 2024

In California, the rights to a home after your parents' death will depend on the specific terms of their estate planning documents, such as their will or trust. If they have legally specified that the home will be transferred to you, then you would have the legal right to the property. Your... View More

1 Answer | Asked in Estate Planning for California on
Q: I have an inheritance dispute with the my siblings and need low cost legal advice ..What can Ido?
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answered on Aug 15, 2024

If you are dealing with an inheritance dispute in California and need low-cost legal advice, start by gathering all relevant documents, such as the will, trust, and any estate planning paperwork. Understanding the key details of the inheritance can help clarify your rights and the steps you need to... View More

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My mother is 86 years old and has decided to sell her home.

However, she is concerned she may pass away before it sells. She has asked if I would help her make a Will or Trust. She has 2 loans on the property. I would appreciate any advice on which one would be best for her situation. She lives in California. Thank you

James L. Arrasmith
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answered on Aug 15, 2024

To help your mother decide between a Will and a Trust, it’s important to consider her specific needs and goals. In California, a Trust can be a better option for managing a home with outstanding loans, as it can help avoid probate and allow you to manage the property on her behalf if she becomes... View More

3 Answers | Asked in Estate Planning for California on
Q: What do I do when the deed placing my home into a trust was filed before the trust was signed?
Anthony M. Avery
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answered on Aug 14, 2024

Do you want the property to be in a Trust or not? If not, you might need to file a Declaratory Judgment Action to determine Trust corpus. Otherwise the Trust can be amended to include the home.

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1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Under CA prop 19 can a parent who has moved into assisted living still keep family home address as his primary residence

And allow children to inherit property tax basis. Parent currently lives in family home but may need to move depending on health

James L. Arrasmith
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answered on Aug 13, 2024

Under California's Proposition 19, for your children to inherit the property tax basis, the family home must be your primary residence at the time of transfer. If you move into assisted living, you might no longer qualify the family home as your primary residence, which could affect your... View More

2 Answers | Asked in Estate Planning for California on
Q: Beneficiary of a trust that isn't progressing, can I do anything?

My grandmother passed away last year, and I am a beneficiary of the trust along with 6 other people. My two aunt's are the trustee's. They are not agreeing on anything and there are multiple issues including one of them wanting to purchase one of the properties in the trust for a much... View More

Julie King
Julie King
answered on Sep 6, 2024

A common MISTAKE people make is thinking they own assets sitting in a trust because they are a beneficiary (person named in a trust to inherit the asset) and the person who used to own the asset has died. But, while an asset is still in a trust, it rarely (if ever) belongs to the beneficiary named... View More

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