Yes, in a traditional revocable living trust created by husband and wife, the trust would become irrevocable and non-amendable upon the death of one or both of them depending on how the trust is structured, not as a matter of law or convention, rather because the right to revoke and amend a trust...Read more »
Is it ok to be Administrator of Estate if i have conflict with the decendant ownership to a property? This is whats going on....My uncle is the only living son and he figured this was an easy way to inherit something. By changing title to one of my properties into his mothers name who was dying.... Read more »
After the owner died the caretaker stayed living in the house. Caretaker changed all locks and changed phone number. After the house got sold by bank the caretaker received money to move out and she took decendants personal belongings, valuables and all furniture with no accountability. Caretaker... Read more »
Few things happen automatically, without someone putting things in motion. Most likely, Wells Fargo did everything required of them by the law and the Trust Deed under which the home was sold. It is up to an heir, a friend, or even a creditor to open a probate if they have some interest is doing...Read more »
There was a court trial back in 2006 about a property that was gifted to a beneficiary. The other siblings filed in probate court to have the property returned to the trust and won. Later it was determined that the siblings that filed the petition lied in their testimony to the settlor on the... Read more »
If In probate a date of death appraisal by the probate referee is required. If the case is not in probate a date of death appraisal is highly recommended but in certain cases can be avoided. Beyond that there are a lot of issues that an attorney will advise the executor or trustee on. I would...Read more »
To Whom it may concern, thank you in advance for responding to this message,I need to honestly know,if there is any way,I can track down a living trust, my Dad passed away and because at the time, I was in the US military special ops unit,I was unaware of his passing, once the mission was... Read more »
My mother has property in California that is essentially worthless (no house, just land), but she is still paying her HOA dues and taxes. When she passes, can I close out her estate and abandon the property completely, or can the HOA and tax collector force me to pay dues and taxes? If so, do I... Read more »
Obviously under California law my father is entitled to the funds in the joint bank account because his name is also on it. But if there is no will or the other accounts are not listed in the trust is he also entitled to 100% of the funds in the personal savings and checking accounts?
First of all, you almost never want IRAs or 401Ks in a Trust. Those sorts of retirement plans have named beneficiaries so that the money automatically goes to the beneficiary upon the death of the owner. Having the IRAs in a Trust serves no purpose.
Yes I do as I'm living in this house I'm very angry that I have to deal with this now especially at a time like his, also this loan is/was for $400,000.00. Please help me sort this out as I'm disabled with my hips and I have a hard time getting around. She spent this money on vacations, new cars... Read more »
Your sister may have commited financial elder abuse and she may be required to either reimburse the estate or have the $400,000 in loans credtied towards her inheritance. Contact a local attorney for a full consultation.
I am my 95 year old aunt's attorney in fact. She is in an assisted living home in Culver City, CA. I need to apply for long term care for her. She has some cash in the bank, but not enough to pay her assisted living bill which is in arrears. California goes back 30 months and says they will deny... Read more »
My great uncle passed away when I was 7 and left me an inheritance. My parents have always controlled the money, telling me that it was "money for college". They spent $10K of it on a year of a private middle school they sent me to when I was 12-13. They spent the remainder on three years of my... Read more »
By your own admission your parents spent the inheritance on private school and your college tuition. How can you say you have "never seen the money"? You got the money. It was invested in your education. Unless there is something left over, it sounds like your parents acted responsibly.
If this is a probate matter for a decedent's estate, then you can file a petition for a preliminary distribution of the estate, but if there are no bills to pay, then you should just file the final distribution.
If there is a blocked account, then you'll have to file the appropriate...Read more »
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