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I know the power of attorney doesn't give him that right.
answered on Oct 7, 2024
Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More 
answered on Oct 4, 2024
People can write whatever they want and give the document to the court clerk, who will accept it so long as it is in the right format. But, after that point, the judge and any opposing party will read it. If the information that the witness changed is material (meaning it matters from a legal... View More
answered on Oct 8, 2024
If you're asking whether attorneys could present more than one legal theory (pleading in the alternative), that is generally permissible, subject to the rules of civil procedure of the jurisdiction. Federal Rules of Civil Procedure allow it. If you're asking if someone could present... View More
The neighbors cut my locks and relocked the gate that I used to gain entry. I had documented the adverse possession sign that I posted before then and I documented the conditions of the property. The house has been abandoned over 20 years and the neighbors dont believe I have the right to be there.... View More
answered on Oct 1, 2024
Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an... View More
My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More
answered on Sep 27, 2024
Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More
My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More
answered on Sep 27, 2024
The answer is: It depends. When someone in California dies, an analysis must be done to determine the total value of ALL assets that person owned (with the exception of a few assets, but a business is NOT one of the exceptions.) If the dollar amount of the assets totals $154,500 or higher, then... View More
My grandmother left her money in a trust after she died in CA. Per my mother- my grandmother left me a portion of the trust to pay out upon my mother's death. In the interim my mother also has access to the trust/ money. If my mother and I have a falling out, can she change the trust so that I... View More
answered on Sep 23, 2024
Unfortunately, a lawyer would need to read the language of the specific trust at issue before we know how to advise you. Speaking generally, if money is left in a trust and any LEFTOVER money goes to you, in most instances, the money is your mother's to do with as she pleases (just like any... View More
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
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
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?
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
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
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
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
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
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
answered on Jul 21, 2024
There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.
A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a... View More
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
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answered on Jul 20, 2024
In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.
If the notary is also a real... View More
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
My uncle had a living Trust. I am the trustee. I gave the bank the Certification of Trust, and I opened a Trust account at Chase bank to pay the bills. Now that he has passed, the bank wants me to get probate court to list me as the administrator of the estate.
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answered on Jun 27, 2024
To address your question, I'll break down the key points and provide some guidance:
1. Requesting to be named administrator:
To be named as the administrator of your uncle's estate, you typically need to file a petition with the probate court in the county where your uncle... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
answered on Jun 29, 2024
Thank you for your question!
It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.
The terms of the trust control who is in charge of the assets. If... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
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answered on Jun 27, 2024
I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More
We are 3 siblings/beneficiaries of our mother's trust. Our sister wants to buyout the 2 of us. Will the buyout payment each of us receive be taxable? Will either of us 2 buyout recipients be responsible for higher property tax payments if they become due prior to the sibling property transfer?
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answered on Jun 27, 2024
Based on the information provided, here's a general overview of the tax implications for a sibling buyout in California:
1. Taxability of the buyout payment:
The taxability of the buyout payment depends on several factors:
a) If the buyout is for your share of the... View More
Insurance policies that are listed on a schedule B with the intent of the settlor placing them in the trust, but settlor never did. Later he wrote a beneficiary on those insurance policies. Who do the insurance policies belong to, the beneficiaries in the irrevocable trust or the beneficiary on... View More
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answered on Jun 26, 2024
Given the complexity of this situation, it would be advisable for all parties involved to consult with an experienced estate planning attorney who can review all relevant documents and provide guidance based on the specific details of the case. The outcome could depend on the exact language used in... View More
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