The Trust does contain real property (a home)
Generally, no. The trust agreement does not need to be filed (recorded) with the county recorder's office, but any deed which is intended to convey legal ownership of real property to the trust needs to be recorded. It's generally not good enough to simply list the property in a... Read more »
Document says I am specifically not named. What information do I need to provide to fight this and get named in will?
If you are specifically named as getting nothing, then all you can do is challenge the mental capacity of your father to make that decision. If he was in his full senses, then he has the right to exclude you if he wants to.
I've been the sole caretaker and tax payer of the property for about 10 year's (at my mother's request), before and after she died, and I'd like to claim ownership. Problem is, the deed is missing, and my mother was only named as a co-owner by my grandparents before they died.... Read more »
Deeds are recorded in the County Recorder's office. You can contact your local Realtor to do a property search for you based on the address and get a copy of the existing deed. Can you claim the property as your own? Not as against your greedy siblings who will fight you if they think there... Read more »
Settlors created the trust in 1988 naming themselves trustees and then their two adult children, a son and a daughter. The primary trust asset is property in California. The two "children" are now in their 80's. The daughter lives out of state and has never participated in the... Read more »
If the 'children' are mentally competent to the extent that they would understand that they are granting a power under the trust, and the trustees also have enumerated powers under the trust that include the power to engage an agent, or attorney-in-fact, (power of attorney); you might... Read more »
He has told me that I am having an affair, am planning to kill him and steal everything from him. I am innocent of these accusations. I need to leave him but cannot afford a lawyer. Our home is still in both our names. We have been married 20 years. What can I do? I am in California and am very... Read more »
I am sorry you are going through this. It sounds like you are ready to file for divorce. Assuming this is the case after your divorce has been filed and is underway, you can begin the process of what is called Discovery. Through Discovery, each party has to disclose all of the information about all... Read more »
I have 4 aunts which got a large portion and I got 10,000 out of hundreds of thousands
The biggest question is did your grandmother have a will or trust? If so, the answer lies there. Also, if you dad was the only child of this grandmother who are the aunts? If there are aunts then I would assume they are also children of the grandmother and they would have a right to the estate as... Read more »
My mother also passed away approx 8 years ago. We've been living with grandfather for last 5 years. He's only be gone for 14 days, we haven't even had the funeral. Uncle keeps just showing up whenever he wants to our house. I woke up to him asleep in his car in our driveway yesterday morning.
I am sorry for your loss. It sounds like your uncle is making a hard time even worse. Let's assume your uncle is correct and he "gets everything" including the house belonging to your grandfather. That being the case, he would still have to follow California's landlord-tenant... Read more »
I am a 50 year old woman living in California. I never married, have no kids and minimal assets (I own my car and have about $1000 in the bank). Both of my parents and my siblings all live in Pennsylvania. I'm starting the process of "getting my affairs in order" and think the first... Read more »
California. You live here and that is where the Will would be Probated.
Your estate sounds like it would use Simplified Probate (less than $160,000 and no real estate) so the Will won't go thorugh "real" Probate anyway.
And son or daughter is not listed as a beneficiary on the policy?
The money goes to the estate of the deceased beneficiary. Then it is distributed based on their Will or the law (if they died without one).
In 2001 I married xxx, and she took my name. She died of leukemia in 2005. She had no will, but also no significant property so whatever she had just came to me. From time to time over the years I’ve received mail addressed to xxx from the IBEW (she had been an electrician at one time before I... Read more »
First of all, tell Fidelity that she passed away. If it was a retirmenet account then there is a beneficiary named by her and Fidelity will want to send that person the money; no fuss, no muss. If that person is NOT YOU then you might want to get angry if the money was earned during your... Read more »
Here is the situations. Husband and wife are both US residents. Husband is a Green Card holder, wife is a US Citizen. Do we need to file any tax form when the husband transfer large assets assets (e.g. money and stocks for $300K) to the US citizen wife? is it best to use a joint account or can the... Read more »
This question would be best answered by a tax expert so that they can advise you of any possible gift tax repercussions.
Tax advice disclosure: To ensure compliance with Treasury Department Circular 230, we inform you that unless otherwise specified, any federal tax advice contained in this... Read more »
property after her passing. He does not pay rent or have a lease. Can I do this without paying a lawyer. Funds are tight. Thanks
Revising/amending a trust without the legal advice of an attorney is not advisable. Even if the trust is amended, you should note that your sibling may still overstay his or her welcome. The successor trustee may have to file an eviction case to get the sibling out. Even relatives living for free... Read more »
My grandmother left her home to her five children in a living trust, and my mother and uncle are requesting to leave their shares to me. The property cannot be sold unless all five children agree to sell it, and currently my mother and uncle are living at the property with myself. They would like... Read more »
Is the property still held by the Trust? If it is, then only the Trust can say how it may be passed.
If the Trust closed down then the Trustee should have deeded the house to the five siblings; then if they want to pass you their 20% interest they can do so with a deed.
I'm a student at Delta College in Stockton California writing a paper on the laws in regards to HIV and I need to know are the laws in Arkansas current or have they been revised
Google it. Post your inquiry in Arkansas, not California.
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MIL mother in law just died. FIL Father in law, is in a rehab facility they both caught covid a day apart. There is a trust stating all assets go to FIL if MIL passes. The family is worried about credit card bills only in MIL name. Do we notify the CC companies of her death? Will her debt be FIL... Read more »
Are you writing questions for the Bar exam? Sorry for your loss. You need to consult with an attorney specializing in Probate and Estates. MIL estate is the NET of her assets minus her liabilities. She cannot just pass the plus to the FIL and avoid all her creditors, but you need help... Read more »
My parents are setting up a living trust and they stated that the estate lawyer is requesting my marriage license and my children's birth certificates "establish family lineage". I feel that it is my parents just trying to see if my wife and I are actually married and if my name is... Read more »
No, there’s absolutely no reason why an estate planning lawyer needs that kind of information from you.
My brother is the appointed executor of the will. He failed to let me see it or even give me a copy. That goes with both of my parents death certificates. I also have questions regarding the estate left behind.
It has been nearly 1 year now and I've asked him for it and no response.
Sorry for your loss, and sibling troubles. You have a right to know what is in the Last Will and Testament of your Parents, if there was one. As for Death Certificates, you can obtain copies of them from the County Recorder's office where your parents were residing before they passed on, but... Read more »
I had sec 8. He sued me for back rent I didn't owe. Before we made it to court, his lawyer's office called to tell me they found documents proving my innocence and they were dropping the suit but landlord wanted me to pay his attorney fees anyway, I declined. Short time later, the... Read more »
Very sorry to hear you had to go through these problems. The problem that I have regarding what you describe is that there are limitations on how much you can delay on bringing an action based on most of these facts. Ordinary torts are 2 years, Fraud is 3 years. I am not aware of any statutes for... Read more »
Hello,
If i am adding a beneficiary to my trust and wish to assure them I will not remove them as beneficiary ever, is there a legal agreement that can be signed stating they and I must mutually agree before they can be removed?
So you want to protect them from you ever changing your mind?
They only way I can think of doing that would be to have a new irrevocable trust (I am assuming your current one is a Living/Revocable Trust). As long as you are alive you can always change your Living Trust.
You could... Read more »
the asset is a home that is now in my sisters name.
If the deed is in two names, the person who died and your sister, then the home probably is now 100% your sister's. She must get the old deed transferred into her own name exclusively. To do this right she should have an attorney. It is not expensive. The first deed should be checked by an... Read more »
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