A man made a verbal commitment to his non-martial spouse of 30 years to allow her to live in his home that is willed to his daughter until she dies, free of charge. The daughter verbally agreed to this agreement with her father, but is now reneging. She is requiring the surviving non-marital spouse... Read more »
answered on Sep 24, 2022
A good theory of law that would likely apply is what is called "equitable estoppel."
"The venerable doctrine of equitable estoppel or estoppel in pais, which rests firmly upon a foundation of conscience and fair dealing, [fn. omitted] finds its classical statement in the... Read more »
I am only allowed 1 “weekend”a month (1st weekend of every month) which is not even a full weekend just one night and couple hours next day. We don’t have set schedule never communicates the time off pick up and drop offs. I either pick up or drop her off we each do one of the other was an... Read more »
answered on Sep 23, 2022
You can file a motion to modify custody and justify it by the facts that you presented here.
answered on Sep 22, 2022
You should have a lawyer in the state into which you are moving review the trust and any power of attorney you have, since those documents could require additional or different language to be added. It doesn't matter if you meet with the lawyer before or after you move if you are certain that... Read more »
California residents
answered on Sep 21, 2022
I am so sorry to hear about your son's passing. Did your son designate a beneficiary for his 401K? Was that his only asset? If so, the 401K should pass directly to his named beneficiary, and it would be difficult for creditors to levy that asset. Notice to the creditors of your son's... Read more »
answered on Sep 20, 2022
It would depend on how the home was held. If a property is held in joint tenancy, the decedent's share passes to the surviving joint tenant. This is known as the right of survivorship. If owners of the property hold title as tenants in common, then the decedent's share would pass in... Read more »
We are feeding and my sibs insist they can not give me my inheritance, if they choose not to. Can I prevent this?
answered on Sep 20, 2022
If the trust names you as a co-trustee and beneficiary, then the other trustees cannot exclude you. Trustees are obligated by law to follow the terms of the trust. If trustees ignore the trust and do whatever they so desire, they can be sued for breach of their duties. Tell your siblings that they... Read more »
answered on Sep 19, 2022
This question is a little confusing so I'll do my best to answer the different ways it could be interpreted.
If you're asking if you have to leave your own personal estate to your parents grandchildren, the answer is no. You can choose to leave your estate to whoever you want, but... Read more »
He has been living off her pension for 12 years and took over her finances. We had a will done in 2006 which was 50/50 between my brother and I and in 2020 my brother had my mom do a new will giving him 60 and me 40 making him the executor and hid it from me for two years. He is selling and... Read more »
answered on Sep 18, 2022
Since your mom owned a home, I am going to assume the total value of all of your mother’s assets exceeds the probate limit. That means your brother or you MUST file a Petition in Probate Court in order to transfer title to the property from your mom to both of you, unless title to the home was in... Read more »
answered on Sep 16, 2022
From your questions, I'm assuming the property was properly funded into a valid trust prior to passing away. If so, I highly recommend reading the relevant trust document provisions to see if there is any particular directive regarding the disposition of this asset. Frankly, it's... Read more »
answered on Sep 18, 2022
Once someone dies, the trust becomes unchangeable (irrevocable) simply because the “owner” of the trust is no longer around to change it as the person sees fit. If the trust in your case has an attachment (usually called Schedule “A”) that lists all the person’s assets and that attachment... Read more »
We had nothing in writing just his verbal wishes
answered on Sep 14, 2022
If you jointly owned the animals, then you either still jointly own the animals with his Estate; or you continue to own your interest, and his interest passed to you upon his death.
In California a gift (a classic car) is granted via living trust, then is totally destroyed in a fire before the grantors death whereby a $39,000 insurance claim is paid to the grantor/estate. Subsequently the trust is not amended still reflecting the gift to the beneficiary at the grantors time... Read more »
answered on Sep 12, 2022
The outcome will depend on the language in the trust document providing the gift. Generally, if a specifically listed item is given to a specific person, if the item no longer exists at the time of the decedent's death, then the gift fails. For example, "To my niece MARY SMITH I give my... Read more »
Revocable trust was created in Florida but has now become a irrevocable trust. Both the trustee with financial power of attorney and the beneficiary reside in California.What state has jurisdiction? The trustee has not contacted the beneficiary and has not responded to any emails, calls requesting... Read more »
Revocable trust was created in Florida but has now become a irrevocable trust. Both the trustee with financial power of attorney and the beneficiary reside in California.What state has jurisdiction? The trustee has not contacted the beneficiary and has not responded to any emails, calls requesting... Read more »
answered on Sep 18, 2022
I would review the trust document in detail. Oftentimes, jurisdiction is may be dictated in the trust document. However, as a practical matter, since both the trustee and the beneficiary live in California, no one should object to California having jurisdiction.
What do I do now .she also left me papers that are legalized saying the home is mine
answered on Sep 6, 2022
I'm surprised your grandmother's estate (her assets left behind) has not gone through the Probate Court by now. If your grandmother had a Trust stating her desires, then whatever your grandmother said in that document will control what happens to her property, and your family most likely... Read more »
My mother in-law passed away a few years ago. She and her husband (step-father to my husband) resided in the property that originally belonged to her parents. We just uncovered a promissory note regarding the family wishes that the property remain in the "family" should she pass away... Read more »
answered on Sep 4, 2022
Likely not. First, this promissory note would have to be either handwritten or properly drafted as a Will -- e.g., have two disinterested witnesses.
Second, a statement of intention is usually not a valid testamentary disposition. The language has to generally be more clear.
Third,... Read more »
If so would they need a separate attorney or would the trust attorney do it for them.
answered on Sep 4, 2022
A Trustee is duty bound to administer the trust as it is written, just like an Executor is obligated to administer a Will as written. The Trustee or Executor may petition a court for instructions if there is something about the trust or will that is unclear, but if he wants to challenge a trust or... Read more »
Can ex wife collect any inheritance from deceased ex husband if husband has remarried?
answered on Aug 30, 2022
Yes, depending upon the estate plan set up. Anybody can inherit anything with the proper estate plan. That said, the preference of intestate succession changes upon dissolution of marriage.
answered on Aug 30, 2022
An irrevocable trust can become a revocable trust if all of the beneficiaries agree.
answered on Aug 23, 2022
I am sorry for your loss. To claim an inheritance the procedures are different depending on who has the asset, what kind of asset and how title is held among other questions. I encourage you to contact a focused California probate attorney for more info. Good luck.
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