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California Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Probate and Civil Litigation for California on
Q: Can the last will be absorbed into an irrevocable trust after the settlor's death and how to object a petition to close estate administration?

Can the last will and its first codicil, which have specific bequests attached, be absorbed into a living trust that is now irrevocable after the settlor's death? The trustee has notified only one of the 26 beneficiaries and has filed a petition to close the estate administration without... View More

Klaus Gottlieb
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answered on Jun 16, 2025

The key issue is whether the executor of the will and the trustee of the trust are the same person. If they are, it may simplify administration, but it also raises concerns about potential conflicts of interest—especially if the will and trust name different beneficiaries or contain inconsistent... View More

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6 Answers | Asked in Employment Law, Tax Law and Estate Planning for California on
Q: Is paid under-the-table caregiving legal in Santa Barbara, CA?

I am working a caregiving gig that is paid under the table, but it is mutually agreed upon with an elderly woman I care for in Santa Barbara, CA. We have not discussed taxes, but we are working on a contract that outlines specific duties. Is this arrangement legal?

Michael R Trust
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answered on Jun 14, 2025

Hello. In short, no. Taxes aren’t being paid, you have no Labor Code or other legal protections. Of particular note, you have no workers' compensation coverage. Any of these issues alone are major, and can have major negative consequences for you. It's good that you both are now... View More

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6 Answers | Asked in Employment Law, Tax Law and Estate Planning for California on
Q: Is paid under-the-table caregiving legal in Santa Barbara, CA?

I am working a caregiving gig that is paid under the table, but it is mutually agreed upon with an elderly woman I care for in Santa Barbara, CA. We have not discussed taxes, but we are working on a contract that outlines specific duties. Is this arrangement legal?

Brad S Kane
Brad S Kane
answered on Jun 14, 2025

No. You are probably an employee, whose rights are set forth in Wage Order 5 and the Domestic Workers Bill of Rights. You should be entitled to at least minimum wage for all hours worked and overtime after 10 hours in day. You cannot waive your rights to minimum wage, overtime by mutual agreement,... View More

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3 Answers | Asked in Estate Planning and Civil Litigation for California on
Q: Received a letter as beneficiary from Canadian lawyer. How to verify it's genuine?

I received a letter from a legitimate Canadian lawyer stating that I am a beneficiary of someone who passed away 2 years ago and shares my last name, though I have never been in contact with the deceased person. The attorney confirmed their identity through their website, which appears legitimate,... View More

Klaus Gottlieb
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answered on Jun 10, 2025

To verify if the letter is genuine, start by independently confirming the lawyer’s identity using the Canadian provincial law society’s website to ensure they’re licensed and in good standing. Then call the law firm directly using contact information from their official website to confirm the... View More

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3 Answers | Asked in Estate Planning and Civil Litigation for California on
Q: Received a letter as beneficiary from Canadian lawyer. How to verify it's genuine?

I received a letter from a legitimate Canadian lawyer stating that I am a beneficiary of someone who passed away 2 years ago and shares my last name, though I have never been in contact with the deceased person. The attorney confirmed their identity through their website, which appears legitimate,... View More

Julie King
Julie King
answered on Jun 11, 2025

’m already suspicious of the claim because it comes from a relative you don’t know and never heard of, and it is supposedly coming from outside of the United States.

Before I say anything else, everyone should know this: NEVER GIVE ANY OF YOUR PERSONAL INFORMATION TO SOMEONE...
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3 Answers | Asked in Probate, Public Benefits and Estate Planning for California on
Q: Who to contact after mother's death about estate avoiding probate?

My mother passed away, and she had prepared documents with a lawyer to avoid probate. Her will states that her assets, including IRAs, bank accounts, and real estate, are to be split equally between me and my sister. We both agree to the 50/50 split, but we are unsure of what steps to take next or... View More

Klaus Gottlieb
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answered on Jun 9, 2025

I’m sorry to hear about your mother’s passing. Navigating estate matters can be complex, You mentioned that your mother worked with a lawyer to avoid probate, and there is a will specifying that her assets—including IRAs, bank accounts, and real estate—are to be equally divided between you... View More

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3 Answers | Asked in Probate, Public Benefits and Estate Planning for California on
Q: Who to contact after mother's death about estate avoiding probate?

My mother passed away, and she had prepared documents with a lawyer to avoid probate. Her will states that her assets, including IRAs, bank accounts, and real estate, are to be split equally between me and my sister. We both agree to the 50/50 split, but we are unsure of what steps to take next or... View More

James Clifton
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James Clifton
answered on Jun 9, 2025

Since your mother set up a plan designed to bypass probate, you will need a lawyer to review the estate planning documents, whether it is a trust, transfer on death deed, or other paperwork. Once the review has taken place, you can plan the next steps for finalizing the estate distribution.... View More

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3 Answers | Asked in Business Law and Estate Planning for California on
Q: Is a licensed trustee required if a PT practice in California revocable trust ceases operation during transfer?

As a sole shareholder of a California professional physical therapy corporation, I am considering transferring my practice into a joint revocable trust with my wife, who is not a licensed professional. I understand that under Corporations Code section 13407 and California Department of Consumer... View More

James Edward Berge
James Edward Berge
answered on Jun 6, 2025

Yes and no. In your joint revocable trust agreement, you actually need to provide for two separate trustees: one, who can be your wife, to serve as general trustee who will have all powers needed to wind up your personal affairs; and another, a special trustee who must be an active licensee, with... View More

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3 Answers | Asked in Business Law and Estate Planning for California on
Q: Is a licensed trustee required if a PT practice in California revocable trust ceases operation during transfer?

As a sole shareholder of a California professional physical therapy corporation, I am considering transferring my practice into a joint revocable trust with my wife, who is not a licensed professional. I understand that under Corporations Code section 13407 and California Department of Consumer... View More

Klaus Gottlieb
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answered on Jun 6, 2025

Under California law, a professional physical therapy corporation may only be owned by a trust if the licensed spouse retains exclusive control over the shares, even if a non-licensed spouse or co-trustee is involved. According to DCA Legal Opinion 79-5 (1979), a revocable living trust with a... View More

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4 Answers | Asked in Estate Planning, DUI / DWI and Personal Injury for California on
Q: How to protect family home from liability due to father's drunk driving?

My father, who is 76, frequently drives intoxicated. Despite contacting law enforcement and the DMV, no action has been taken to prevent him from driving. My mother is elderly and disabled, and my disabled sister lives with them. They live in a house that is protected by homestead and placed in a... View More

Klaus Gottlieb
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answered on Jun 3, 2025

To protect the family home from liability due to your father’s drunk driving, the most effective step is to amend the revocable trust now—before a problem arises. Although the home is in a revocable trust, that offers no protection from creditors during your parents’ lifetimes if your father... View More

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4 Answers | Asked in Estate Planning, DUI / DWI and Personal Injury for California on
Q: How to protect family home from liability due to father's drunk driving?

My father, who is 76, frequently drives intoxicated. Despite contacting law enforcement and the DMV, no action has been taken to prevent him from driving. My mother is elderly and disabled, and my disabled sister lives with them. They live in a house that is protected by homestead and placed in a... View More

Emery Brett Ledger
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answered on Jun 3, 2025

This is a deeply difficult and understandably urgent concern. When someone causes an accident—especially one involving intoxicated driving—their personal assets can be at risk in a civil lawsuit. If your father is found liable for injuries or damages, a plaintiff could potentially go after... View More

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2 Answers | Asked in Estate Planning for California on
Q: How to appoint a friend as Power of Attorney and Executor in California?

I live in California and want to designate a long-time friend as my Power of Attorney now and have her become the Executor when I pass away. Currently, I don't have a will or Power of Attorney document. I plan to give her $10,000 as her fee and an additional $10,000 to cover expenses such as... View More

Julie King
Julie King
answered on Jun 1, 2025

Practically every adult needs four documents: a durable power of attorney and healthcare directive to be used if the adult ever loses enough mental capacity that a physician determines the adult is unable to make their own decisions; a HIPAA Release; and a will or trust.

For the power of...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: How can I find and access my father's living trust?

My father passed away 10 years ago, and recently my stepmom also passed away. I found out about her passing through another person and learned that there is a living trust. However, I don't know where the trust is, and it seems that others are preventing me from accessing or knowing more about... View More

Julie King
Julie King
answered on Jun 1, 2025

If no one is willing to give you a copy of the trust, it is always best to start by sending a formal demand letter seeking a copy of the trust. You can write that yourself (unless you already asked for the trust in writing) or you can hire a lawyer to write it. If the relatives still will not give... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Time limit for trustee to close estate in California?

In California, is there a specific time limit for my brother, the trustee of my mother's irrevocable living trust, to close the estate and complete the distribution process? The estate process began on May 28, 2023, and banks are delaying the distribution of funds.

Julie King
Julie King
answered on May 29, 2025

There is no set time frame by which trust administration must be completed. The reason is that some trusts only involve bank accounts while other trusts might involve 7 properties, accounts at 4 different banks, bonds that need to be cashed in, etc. So, the more complex the estate, the longer it... View More

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2 Answers | Asked in Medical Malpractice, Estate Planning and Personal Injury for California on
Q: How to get power of attorney for deceased mother's medical records in CA?

My mother passed away on 5/22/25 following gallbladder removal surgery, and I am seeking her medical records to possibly pursue legal action for malpractice. Her husband, who is the next of kin, is willing to grant me power of attorney to access these records. I have already spoken to the medical... View More

Klaus Gottlieb
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answered on May 27, 2025

You can’t use a power of attorney after someone dies. Instead, your mother’s husband—as her next of kin—can authorize you as his personal representative to request her medical records.

Here’s what you’ll need:

• A death certificate

• A signed authorization...
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3 Answers | Asked in Estate Planning, Civil Litigation, Landlord - Tenant and Real Estate Law for California on
Q: Need help with father's trust and my rights as beneficiary in California.

I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More

Klaus Gottlieb
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answered on May 21, 2025

I’m sorry you’re dealing with this. As a beneficiary of a California trust, you have the right to receive a copy of the trust and to request information about how assets are being managed. If your sister is acting as trustee, she has a legal duty to act in the best interests of all... View More

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3 Answers | Asked in Estate Planning, Civil Litigation, Landlord - Tenant and Real Estate Law for California on
Q: Need help with father's trust and my rights as beneficiary in California.

I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 21, 2025

Consult with a probate litigation attorney right away to protect your rights. Your sister, if she is trustee of your father's trust, has fiduciary duties and obligations under CA law, one of which is to provide all beneficiaries with a copy of the trust. Time is of the essence as the longer... View More

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3 Answers | Asked in Estate Planning and Banking for California on
Q: How to remove a designated beneficiary from a bank account in California?

I need assistance with the specific language required to remove a designated beneficiary from my bank account to ensure that the funds will be accessible by the estate.

Nina Whitehurst
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answered on May 21, 2025

This is not something that you should attempt to do within your estate planning documents; that will not work. You need to go into the bank in person and sign papers to remove the current designated beneficiary and add a new beneficiary.

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3 Answers | Asked in Estate Planning and Banking for California on
Q: How to remove a designated beneficiary from a bank account in California?

I need assistance with the specific language required to remove a designated beneficiary from my bank account to ensure that the funds will be accessible by the estate.

Julie King
Julie King
answered on May 21, 2025

If it is your bank account and you have a trust, you can change the title of that account from your name to the name of the trust. [Check with your estate planning attorney if you don't know the proper way to title an account to place it into your trust.] If you don't have a trust, you... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Contracts for California on
Q: Can a trust alter community property terms post-transfer?

If the deed is vested as community property with the Right of Survivorship, and we then transfer the property into a trust, can the trust stipulate that the community property status no longer applies? Additionally, can the initial down payment and its proportional return on the investment be... View More

Klaus Gottlieb
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answered on May 20, 2025

Transferring community property (even if titled with right of survivorship) into a trust does not change its community property character unless there’s a valid transmutation agreement signed by both spouses under California Family Code §§ 850–852. However, placing the property into a trust... View More

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