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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
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
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
Lawyer said he will owe her 45,000.00! His house is 100% inherited, but to refinance the loan on it he used to buy me out (his sister), he was forced to sign a quit claim to half the property? He never meant to give her his inheritance. He needed to buy me out. I'm thinking the 45k... View More
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answered on Feb 21, 2024
In California, property acquired through inheritance is generally considered separate property and not subject to division in a divorce. However, if your brother refinanced his home to buy you out and added his wife to the deed through a quitclaim, this could have converted what was once separate... View More
So as executor of their trust, my father, never funded the B trust he lived one year after my mom passed away and during that year, he spent all kinds of money and gave it away so I want to be fair and make sure every beneficiary gets what they’re supposed to, but I am unsure how to separate the... View More
answered on Feb 10, 2024
The accounting would normally start with the value of all assets that existed on the day your mother died. But, if there are no step-siblings (children from other marriages or relationships) then, in many cases, all of the children can agree in writing to avoid the forensic accounting and split the... View More
My father has passed away December 2023. My mothers name is not in any documents, for it to be next to kin. We live in California, and we were told to do a spousal transfer petition. Which we have moved forward with. it cost us $4500.00. We are being told its a 60%-70% chance of winning. This is... View More
answered on Feb 10, 2024
The answer to your question depends on what other assets your father had in his name only and whether your father had a trust, a will, or did no estate planning. A spousal property petition is certainly a good possibility. If you don’t want to use an attorney, you could try to draft the Petition... View More
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answered on Feb 22, 2024
In California, the distribution of assets from a 401(k) plan upon the account holder's death is typically governed by the beneficiary designation form that the account holder completed with the plan administrator. If your mother designated her husband as the 100% beneficiary on her 401(k)... View More
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answered on Feb 6, 2024
In California, to obtain acting rights on behalf of your deceased daughter, you would typically need to go through the probate court process to be appointed as the administrator or executor of her estate. This involves filing a petition for probate in the county where your daughter lived at the... View More
My dad would take me shooting as a child (I have pictures). He always told me one day all his guns would be mine. We went to AA meetings together as adults, and he would still say "you're getting my guns". My stepmother told me he left me nothing, and I told her what he always... View More
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answered on Feb 5, 2024
Under California law, if your father promised you specific family heirlooms such as guns, and there is evidence, such as photographs or witnesses, supporting these promises, you may have a legal claim to enforce these promises. While verbal promises can be challenging to prove, your consistent... View More
Seeking counsel immediately
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answered on Feb 4, 2024
Under California law, if a will has been filed by a non-family member, and you have concerns or believe that the will does not accurately reflect the decedent's intentions, you have the right to contest the will. To do this, you must have legal standing, meaning you would have been entitled to... View More
Their share of profits from selling it would of been or am I supposed to pay the loan balance and there shares of what profit would of been
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answered on Feb 3, 2024
Under California law, when you inherit a car with an outstanding loan and wish to buy it out of the estate, the handling of the loan and payment to your siblings typically depends on the estate's financial situation and the instructions in the will, if any. Generally, the estate is responsible... View More
I asked her to create a living trust for me. I haven't sent her my Real Estate Deed copy yet. If I send it to her, is it possible easy for her to scam me and transfer my assets through her? How can I prevent this?
answered on Feb 2, 2024
It is normal for part of the process of creating a trust to include drafting a deed to transfer property into the trust. Typically that includes reviewing prior recordings to see the legal description of the property. So her asking for a copy of your deed is not concerning.
That said, it... View More
My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More
answered on Feb 2, 2024
Without seeing all of the documents I cannot say for certain, but based on the information you have provided, unless there is some other restriction or agreement that limits Victor's right to sell his half of the property, he is allowed to sell his half without your mother in law's... View More
I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?
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answered on Jan 31, 2024
To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More
My brother past a little over a year, no spouse or children or surviving parents. There is small sum that his life ins policy has but it did not list any beneficiary. The company advised us (siblings) if we provide them with a Small Estate Affidavit that they would release the funds. Found a form... View More
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answered on Jan 31, 2024
Under California law, a Small Estate Affidavit can be valid without the need for court filing if certain conditions are met. To use this affidavit, the total value of your brother's estate, including the life insurance policy proceeds, must be below a specific threshold. If the estate's... View More
My sister and I are both executors and only beneficiaries of my mom’s personal residence real estate. Pursuant the will, we each have a 50% interest. We are almost to the end of probate in Ca (Solano County). Getting ready to file the Order for Final Distribution. My sister wants to buy me out... View More
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answered on Jan 31, 2024
In California, a sibling-to-sibling transfer of a principal residence can be exempt from property tax reassessment under certain conditions. Since you and your sister are both executors and beneficiaries, it's possible to structure the buyout in a way that preserves the property tax exclusion.... View More
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