My grandmother died several years ago leaving 2 houses paid for. How Is it possible for a house to still be in her name today, and with a loan on it in her name as well? The properties were inherited by her one surviving daughter who did not want either of them in her name (she had an automobile... Read more »
This sounds like two things:
- An obvious attempt to cheat the system re: someone they harmed;
- Some sort of potential sour grapes on the part of the asker, who, by the fact pattern, had zero interest in either of the properties, leaving it unclear as to why the question is being... Read more »
Most likely, but it will depend on the terms in the finance agreement. If she can sell it for more than $14,000 and pay off the balance, she just might make some money in the process! Otherwise, she should read the terms of the finance agreement and/or call the finance company to make other... Read more »
My attorney helped me filed a probate petition in Santa Barbara County, California. I am in the process to prepare a schedule of assets and debts for inventory and appraisal phase of the probate case. 1. Should I list non-probate assets such as my dad's 403(b) plan and his individual... Read more »
You have asked a lot of very good questions! First, non-probate assets are not listed on the schedules. Although it may seem straight-forward, placing the right assets on the right schedule is not as easy as one might think. If you put an asset on the wrong schedule, the entire document will be... Read more »
My parents have passed on this last August and my sister is now the trustor. If I were to buy her out and take ownership of the house prior to February 15, 2021 would I qualify for a reassessment exclusion? It would not be our primary residence.
you need to speak to a trust administration attorney. if your parents already passed, the trust itself governs the transfer of properties and given your stated dates, you may not be subject to prop 19 but you need to speak to an attorney regarding the specifics to know your options.
The trust is for a deceased relative. I am the Trustee, live out-of-state, and may need help to administer it correctly.
Most trust administration is invoiced on an hourly basis, but you could certainly speak with different attorneys to determine if one is willing to handle the matter for a percentage of the assets. It would really depend on how much work there is to be done and whether the percentage share of the... Read more »
My elderly neighbor's husband just passed, and she finds herself overwhelmed by paperwork, by legal matters, and so forth. She is getting quite on in years and has no living family. She offered to will me her home if I would become power of attorney on her behalf and helped manage her affairs.... Read more »
The main issue is that it is not enforceable. Also, you are trying to take payment for something without calling it income.
My mother recently passed away. I have a will and a power of attorney signed by my mother. I am her sole survivor. The bank will not allow me to access her bank account saying that I need to go to the county and get a small estate affidavit and/or appointment papers as the... Read more »
Sorry for your loss. A power of attorney expires when the person who gave it dies. So, you can not use the power of attorney to access the bank account. You can use a small estate affidavit if the estate is small enough, but it is not something the County will provide for you. Otherwise, you... Read more »
Just go to the courthouse (the county Probate court should work best) and look it up on their computers. You should be able to search the Probate files with just the name of the deceased; if not the clerk can help you. Then look at the File and print up the Will that was entered into the court.
The answer would depend on what the deed(s) say. Send a copy of the deed(s) to a lawyer and he/she/they can let you know very quickly. Best wishes!
If yo ualready have the trust, all you have to do is make a new deed and record it with the County Clerk. The clerk will charge you about $25 if it is your residence and $100 if it is not. If you want the deed written for you then it is probably about $250.
If you need the trust written... Read more »
I inherited a house from my aunt the trustee successor wants to start collecting and putting it into a trust account there's three houses total I just want the one collected for rent if I refuse to give up that rent and the renters and the tenants still pay me can I be in trouble
I believe you asked this question previously. The answer to your question depends solely on the language in your particular trust. If the trust says you are entitled to the rent, then you won't get in trouble. If the trust does not say you are entitled to the rent, you could be sued. A lawyer... Read more »
Is it legal for me to collect the rent and is it legal for the trustee successor to take that rent away from me and put it in a trust account until it's in my name... I have been collecting rent for the past year the trustee successor is wanting to step in now and take over and hire a property... Read more »
Ideally there should be a written agreement between the successor trustee and the property manager, that outlines the obligations of both parties.
Jonathan Purcell is a California Attorney. This posting does not create any attorney-client relationship. The information presented here is... Read more »
Daniel kaher resided in Pacifica ca. Died in same he had money that I thought was to go to me and my brother and my 2 aunts
You would know because the requires the administrator give you notice of the fact that you are a beneficiary, unless no one has your current address. I would suggest that you contact the county of death and check the court's case index to see if a case has been opened. Best of Luck.
Onset of dementia. She wishes to protect her home, inherited from my grandparents. Who purchased it for her and I in 1972. In Ca can she legally exclude him from her will or trust? How would she go about this?
Your question crosses over into both family law and estate planning. Your mother's interest in that property would be her own separate property that she is typically allowed to pass to anyone she chooses. There are occasions, however, when the other spouse may gain a community property... Read more »
Our father passed away a year ago and left no Will. One of my brother did co-sign on the home two years ago. He is now looking to refinance and is asking to sign the forms to do so, which if I understand would make him the executor of the estate. Is that required to be able to refinance the home or... Read more »
Is the property in a trust? Revocable or irrevocable? If revocable, heirs/ beneficiaries don't have any rights yet unless the other co-signor passed away and made that portion irrevocable. Since the question is specific to a co-signor, you also need to clarify if the other co-signor(s) is in... Read more »
If they are suffering from dementia it probably indicates lack of testamentary capacity. However, if that person has periods of lucidity that indicates the ability to do estate planning, then the document may be valid. You need to get with an estates attorney in the area where the person in... Read more »
15401. (a) A trust that is revocable by the settlor or any other person may be revoked in whole or in part by any of the following methods:
(1) By compliance with any method of revocation provided in the trust instrument.
(2) By a writing, other than a will, signed by the settlor or... Read more »
If a trust amendment has not been signed by the trustor or an agent acting on behalf of the trustor under a power of attorney before the death of the trustor, it is ineffective.
My Dad received amended copy of his living trust 3 days before he died and had not signed them. He did contact estate attorney and confirmed draft. I don't believe signing them was exclusive, but I do know that my dad would want his last wishes honored. I know there must be mitigating... Read more »
If he didn’t sign the amendment, it’s ineffective. It doesn’t need to be notarized, but it does need to be signed by the trustmaker. Sorry to be the bearer of bad news, but to tell you otherwise is just wishful thinking.
Witness declaration does not include "under penalty of perjury" verbiage. Drafting attorney says it was not required in 1968. Probate examiner says will is not self-proving. All witnesses are deceased.
It's true. The words "under penalty of perjury" were not required in 1968, but the probate examiner is also correct (at least they are interpreting the rules these days): to be a self-proving Will, the magic words must appear in the witness attestation clause, or you'll have to... Read more »
My widowed elderly father and I live together in his house. He isn't doing well healthwise. Without going into detail, he will be seeing a lawyer to transfer the house to me. Ownership will go from 100% in his name to 100% in my name.
After the transfer, I will be in the unusual... Read more »
You are definitely jumping the gun with this transfer which will result in potential re-assessment, increased property taxes and potential capital gains taxes to your father. Additionally there is the loan. The lender may call the loan balance if your father transfers the property out of his... Read more »
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