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answered on Aug 12, 2024
In California, using a trust is generally more effective at avoiding probate than a will. A will goes through the probate process, which can be time-consuming, costly, and public. In contrast, assets placed in a living trust bypass probate, allowing for a quicker and more private transfer to your... View More 
1) If the Title is held jointly by our daughter’s Trust and our Family Trust (my wife and I are Trustees) can we avoid reassessment when our ownership interest passes to her Trust upon our death? Do we need to set up a revocable Trust now for our ownership to pass to her upon our death?... View More
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answered on Aug 12, 2024
When helping your daughter purchase a house in California, holding the title jointly between her Trust and your Family Trust can potentially help avoid reassessment when your ownership interest passes to her Trust upon your death. However, setting up a revocable Trust now could simplify this... View More
House was sold by my uncle 6-7 years ago without consulting me or my brother, and a cousin of his told us that she was upset for him not getting in touch with us first. I didn't think I have a case but I keep questioning it. I don't have a copy of the trust, I don't know how to get... View More
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answered on Aug 10, 2024
My response will depend on whether your uncle is still alive and also what the terms of the trust state. For example, the terms of the trust should state whether a beneficiaries issue steps into their shoes if the beneficiary passes prior to distribution. Absent the information relating to whether... View More
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answered on Aug 7, 2024
In California, when you receive a payable-on-death (POD) account, the money typically isn't subject to state inheritance tax because California doesn't have an inheritance tax. However, the amount you receive may be subject to federal estate tax, depending on the size of the estate.... View More
My mom won't have the house too. Everything was taken and nothing to my family.
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answered on Aug 1, 2024
I'm sorry to hear about your situation. It sounds very difficult and frustrating. In California, when someone passes away, their assets are distributed according to their will or trust, if they have one. If there was no will, the estate is distributed according to state intestacy laws.... View More
The son is a trustee with power of attorney granted by the family revocable living trust sold his mother's house and put her in a senior care facility. The mother has since passed away. Do the other siblings have standing or a right to sue that brother? The house needed some repairs. The son... View More
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answered on Jul 31, 2024
Selling a home significantly below market value can potentially be a breach of fiduciary duty if the trustee fails to act in the best interest of the trust beneficiaries. Under California law, trustees have a duty to manage trust assets prudently and to maximize the value of the estate. In this... View More
This is about a married couple's revocable living trust. Large funds were spent on their kids & grandkids during the couple's lives. One kid got a lot larger amount of funds while one parent was alive, years before that parent's demise. Would this be accounted for in the amount... View More
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answered on Jul 31, 2024
In California, the distribution of assets from a revocable living trust depends on the specific terms outlined in the trust document. If the trust states that the assets are to be divided equally between the two children, then that directive generally stands unless there is specific language... View More
My father wants to leave me his house while maintaining Prop 13 benefits. We are considering assuming or refinancing his loan without triggering Prop 13 reassessment or capital gains. Additionally, he has a son (my half-brother) he never knew about who we want to ensure cannot attach the home. My... View More
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answered on Jul 30, 2024
To maintain your father's Prop 13 benefits and avoid reassessment, he can transfer the property to you using a parent-child exclusion form, which ensures that property taxes remain the same. This transfer must be completed before his death to avoid triggering reassessment.
Refinancing... View More
The beneficiaries have not changed. There are only 2. What needs to be done to update this trust before my mother dies, to avoid any tax issues at her death. We are very confused what needs to be done ( property was the only thing in the trust. 1 house, which she lives in and a piece of land. That... View More
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answered on Jul 18, 2024
To update your mother's A B trust, it's essential to take a few steps to ensure everything is in order before her passing. Since your father passed away 13 years ago and your mother was unaware of any required actions, the first step is to review the trust documents to understand the... View More
If property is in a trust why do u have to buy back the property instead of inherit it
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answered on Jul 18, 2024
In California, whether to buy back a house from a trust or sell it and get the cash depends on your personal financial situation and goals. If you buy back the house, you can retain ownership and potentially benefit from property value appreciation. This option also allows you to continue living in... View More
My mom passed away somewhat suddenly and left behind a bank account with a significant amount of money. I am not the beneficiary on the account, and the bank cannot tell me who is because I'm not authorized on the account. My mom didn't ask or tell anyone who the beneficiary was before... View More
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answered on Jul 16, 2024
Hire a CA attorney to file Probate. With Letters of Administration you will be authorized to marshal up the assets.
Attorney hired create trust/will allegedly required executor of said will/trust to freeze all devices (phone, laptop) after will/trust was read with advisement to power of attorney & executor
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answered on Jul 18, 2024
An executor in California is bound to follow the instructions laid out in the will. They do not have the authority to take actions not specified unless those actions are necessary to carry out the terms of the will or are permitted by law. This means any actions outside the will's scope... View More
Mother has a living will. I am the successor trustee and my sister is the trustee in the event of my death. My mother has left us both a benefit, but we would like to change the percentage of the benefit between us and draft an amendment. My mother is no longer of sound mind so I as her POA have... View More
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answered on Jul 18, 2024
Under California law, whether a trust becomes irrevocable due to incapacity depends on how the trust document is structured. Typically, if the trust is revocable during the grantor's lifetime, it can only become irrevocable upon their death. As the successor trustee and power of attorney (POA)... View More
from me for 2 YEARS now. He maintains she told him not to give it to me, but we have NO history of conflict, & I only have his word(which I don't trust) that she said this. All i know is she moved upon inheriting my dad's estate, hence the address change. I have no way to know if she... View More
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answered on Jul 18, 2024
Under California law, you have several options to address your concerns. First, you can request the court to compel the lawyer to provide the documents you've requested. This can be done by filing a petition in the probate court. Include in your petition a detailed account of your attempts to... View More
He took almost $30,000 but I don’t want to go through all the hassle of hiding a lawyer. I hate having to sue him at all, but he refuses to pay me back let alone admit even doing it. Taking him to small claims I will at least feel like I got something back.
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answered on Jul 18, 2024
Under California law, you cannot take your brother to small claims court for a trust-related issue if the amount exceeds the small claims court limit, which is currently $12,500. Since your claim involves almost $30,000, it would not qualify for small claims court. You would need to pursue this in... View More
This all arises from being appointed. My Mother's representative for her estate.
The probate court says I now need to file the deed of distribution. Can you please help me understand the process
answered on Jul 9, 2024
There are several probate attorneys who offer free consultations. Also, some of them work based on contingency fees. You can consult with an expert to make sure all your rights are preserved.
CPD said if I come back they'll arrest me for trespassing. Since then they have sold all my tools, equipment, supplies along with all of my customers furniture I was working on. Can I use the city because it should be a civil matter ?
answered on Jul 8, 2024
Yes, you can file a claim the city and then sue the city. Whether you have a viable case will depend all the facts and the law.
asking me for a retainer of $3000 plus $245.50 is that a reasonable cost.She died in Nevada
answered on Jul 2, 2024
Call other attorneys in Nevada directly. Do you have any siblings?
Can a person contest an irrevocable trust two years after they received a copy of the irrevocable trust.
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answered on Jun 29, 2024
To answer this question accurately, we need to consider a few key points regarding irrevocable trusts and trust contests in California:
1. Statute of limitations:
In California, the general statute of limitations for contesting a trust is 120 days from when the trustee serves the... View More
Mother had an estate trust
Mother also had a life insurance policy that was hid from me
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answered on Jun 29, 2024
This is a complex situation with several legal issues to consider. Here's a concise overview:
1. Power of Attorney (POA):
- A POA typically terminates upon death, so your brother shouldn't have been able to use it after your mother's passing.
- If he used the... View More
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