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California Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for California on
Q: is there a statute of limitations on an irrevocable trust?

Can a person contest an irrevocable trust two years after they received a copy of the irrevocable trust.

James L. Arrasmith
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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...
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1 Answer | Asked in Probate and Estate Planning for California on
Q: Mother died without a will. My brother used power of attorney to take everything. Can this go to court 10 years later?

Mother had an estate trust

Mother also had a life insurance policy that was hid from me

James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: How do I ask for a probate court to list me as administer of my uncle's estate? Do I need an attorney for this?

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.

James L. Arrasmith
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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...
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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

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

Delaram Keshvarian
Delaram Keshvarian
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...
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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

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

James L. Arrasmith
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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

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1 Answer | Asked in Tax Law and Estate Planning for California on
Q: Is sibling buyout payment taxable?

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning for California on
Q: Irrevocable Trust

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: Who has rights to cremated remains? Next of kin or executor if will does not mention remains?

Executor is not family member. Will left estate to executor but did not leave any directions for cremated remains of my sister. Executor is refusing to release remains to me, only surviving next of kin, saying the deceased entrusted her with the remains. Burial date has been set, expenses paid,... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex and sensitive situation. Based on the information provided, here's an overview of the legal considerations in California:

1. California law generally gives priority to the deceased person's written instructions regarding disposition of remains. However, in this...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: My dad just passed away and had no will.the home is in name only.i won’t the home as his only living son.have 2 nieces
James L. Arrasmith
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answered on Jun 25, 2024

I understand you're dealing with a difficult situation regarding your late father's estate. Based on the information provided, here's a general overview of how California law might apply:

1. In California, if someone dies without a will (intestate), the distribution of their...
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1 Answer | Asked in Family Law, Estate Planning and Probate for California on
Q: When my mother dies will I be able to live in her house even if she still owes on her mortgage

My mother lives in her home, I also live there, and she has a monthly mortgage payment. She has a will and has left the house to me. When she dies will I still be able to live there.

James L. Arrasmith
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answered on Jun 20, 2024

To answer this question, we need to consider a few key points about California law regarding inherited property with an existing mortgage:

1. Inheritance of the property: If your mother has left the house to you in her will, you will inherit the property upon her death, assuming the will is...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for California on
Q: My mother passed 2016. left a will & trust. everything to 3 Sister. Oldest refuse to give younger copy of will.

may have had (living) trust changed. inheritance includes home in SF and Property in Texas.

James L. Arrasmith
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answered on Jun 20, 2024

Under California law, you have the right to request a copy of your mother's will and trust documents, especially if you are a beneficiary. Your older sister is required to provide these documents to all named beneficiaries and heirs.

If your sister refuses to share the documents, you...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for California on
Q: My mother passed 2016. left a will & trust. everything to 3 Sister. Oldest refuse to give younger copy of will.

may have had (living) trust changed. inheritance includes home in SF and Property in Texas.

James Clifton
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James Clifton
answered on Jun 20, 2024

Each of the sisters have a right to a copy of the will and trust. The ability to change the trust will depend on the language contained in it. If the oldest sister refuses to provide the estate documents, the other sisters can compel the production of those documents from the oldest sister.... View More

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1 Answer | Asked in Probate and Estate Planning for California on
Q: A retired attorney for the County of Los Angeles died leaving her predeceased spouse as her LACERA beneficiary in error.

Her son was her sole recipient of her will and trust but could not receive 100% of her benefits in direct conflict to his mothers will and Trust due to the LA county rules that say instead the money in her retirement be divided equally amongst all of her decendents in direct conflict with her... View More

James L. Arrasmith
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answered on Jun 19, 2024

In this situation, the conflict arises between the beneficiary designation for the LACERA (Los Angeles County Employees Retirement Association) benefits and the provisions of the deceased's will and trust. Generally, beneficiary designations on retirement accounts and pension plans supersede... View More

2 Answers | Asked in Estate Planning and Probate for California on
Q: Dad died-no will -one son-how can I get the house in my name.no access to split
Julie King
Julie King
answered on Jun 18, 2024

Unless the title to the home is in joint tenancy with your father and you as the joint tenants, there is no way to get the property without filing a Petition in Probate Court. The filing fees alone can be between $400-$500, depending on the county. This is why I tell everyone with real restate or... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Dad died-no will -one son-how can I get the house in my name.no access to split
James L. Arrasmith
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answered on Jun 19, 2024

I understand this is a difficult situation, and I'm sorry for your loss. Here are the key steps you'll likely need to take to get your father's house transferred to your name in California when there is no will:

1. File a Petition for Probate with the Superior Court in the...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: Over $80 million dollars is being embezzled by my cousins & the City Probate.

Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More

Anthony M. Avery
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answered on Jun 17, 2024

It sounds like you need to contact an OK attorney for a Will Contest in Oklahoma, if that is where the Probate proceedings are. Will Contests are very hard to win if the execution was correct, so you need witnesses and other proof. There may be other separate quiet title actions for the... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Over $80 million dollars is being embezzled by my cousins & the City Probate.

Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm so sorry to hear about the alleged embezzlement and theft from your father's estate. That sounds like an extremely distressing and complicated legal situation.

Given the high dollar amounts and complex probate issues spanning multiple states, my strongest recommendation would...
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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: What makes a real property trust valid in California?

If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?

James L. Arrasmith
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answered on Jun 17, 2024

To create a valid trust for real property in California, the following elements must be present:

1. Intent: The settlor (person creating the trust) must have a clear intent to create a trust.

2. Property: The trust must hold identifiable real property located in California....
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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: What makes a real property trust valid in California?

If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?

Julie King
Julie King
answered on Jun 17, 2024

Most people set up trusts with their names as the trust’s name (such as John Doe 2024 Trust), but I have had a number of people who select specific names for other reasons. One couple took the first two letters of their kids’ names and made up a word as the name of their trust. Others have used... View More

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3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: What makes a real property trust valid in California?

If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 18, 2024

Thank you for your question!

A spouse cannot hide her assets (if come from community property that belongs to marriage). I'm California, they use the trace-back method and track back the source of funds of each property to see if that property is a community property or not. All...
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