She has been my trustee for a year end, though I have provided the CTAPP regulations, she stated she only hast to follow probate law. I have an incompetent probate attorney, who allows the trustee to get away with this protocol.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, trustees have a fiduciary duty to act in the best interests of the trust and its beneficiaries, which includes providing accounting reports and abiding by applicable regulations. If your trustee is not complying with CTAPP regulations and you believe your rights as a beneficiary are... View More 
Though I have provided estimates for medical, my trustee does not consider Medical a need. She seems to be illogical and quite stingy. It seems to be more about lifestyle choice as opposed to anything extravagant and expects me to produce a budget without showing me any kind of accounting reports.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In the context of a trust, the definition of "needs" can vary depending on the specific language and terms of the trust document. Typically, "needs" would encompass essential expenses necessary for the beneficiary's health, support, and maintenance, such as housing, food,... View More
From what I read online, she should be able to do a simplified probate. My concern is we found credit card debt of close to $25,000. Who is responsible for paying this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, the responsibility for paying the deceased person's credit card debt typically falls on the deceased person's estate. If your daughter is the beneficiary of the estate, any remaining assets after settling the debt may be distributed to her. It's advisable to consult... View More
My aunt is the trustee of my grandparents estate and i am a beneficiary, however, she refuses to speak to me. She will not answer my calls and does not respond to tests or messages. What do I do about this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, if you believe the trustee of an estate is failing in their fiduciary duties, you should consult with an attorney who specializes in trust and estate matters. Your attorney can assess the situation, explore potential legal remedies, and guide you through the appropriate steps to... View More
I have sole successor trustee/fiduciary duty for my late grandparents' estate and they have a vacation home that I have to sell. Unfortunately the place was recently trashed by an unscrupulous family member who also happens to be one of two other beneficiaries including myself.
I was... View More
answered on Sep 13, 2023
Hello. I am a probate attorney and licensed real estate broker. Oftentimes realtors can obtain financing through their company to handle renovations. I recommend calling around to local companies to see who may be able to assist with financing the repairs and renovations.
I have sole successor trustee/fiduciary duty for my late grandparents' estate and they have a vacation home that I have to sell. Unfortunately the place was recently trashed by an unscrupulous family member who also happens to be one of two other beneficiaries including myself.
I was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
I'm sorry to hear about your difficult situation. In California, as a successor trustee, you have a duty to manage the trust assets prudently and in the best interest of all beneficiaries, which generally involves making reasonable efforts to preserve the value of trust assets. Given your... View More
I am 1 of 2 beneficiaries named in her trust. I also have a court order naming me and the other beneficiary as successor co-trustees. The bank said they need a certificate of trust with mine and the other co-trustees name on it. Can they just go against the court order like that?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023
Under California law, banks and other financial institutions typically require a Certificate of Trust to verify the authority of a trustee. This certificate, which is derived from the trust document itself, outlines the powers of the trustee and the existence of the trust. Given that you have a... View More
There's no will and the son hasn't been around since. However the lady I pay the mortgage to refuses to put it in my name. What can I do? There's also a vehicle and a lot of other belongings left behind so do I assume ownership of them also?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2023
Under California law, you may have a claim for adverse possession of the property given that you've been paying the property taxes and mortgage for a substantial period. To strengthen your claim, it is generally advised to ensure that your actions over the property have been open, notorious,... View More
There's no will and the son hasn't been around since. However the lady I pay the mortgage to refuses to put it in my name. What can I do? There's also a vehicle and a lot of other belongings left behind so do I assume ownership of them also?
answered on Sep 10, 2023
I cannot imagine you could get title to the real estate without a court order. A deed transferring title from one owner to another must be signed either by the current owner (obviously deceased in your situation) or someone who has been given legal authority to sign on behalf of the current owner.... View More
I got a letter today from a lawyer that said they were representing my cousin, but when I called him to get context he said it was actually his dad doing this and he had hired an attorney under his name. The letter is very threatening and asking me to resign as trustee.
My uncle-in-law in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2023
I'm sorry to hear about the stressful situation you're facing. In California, the validity and interpretation of a trust are governed by the trust document itself and applicable law; if the trust document clearly names you as the successor trustee and delineates the distribution of assets... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
In order to have a judge review the actions of a trustee in California, you may consider filing a petition under Probate Code section 17200. This section of the California Probate Code allows beneficiaries to petition the court for a variety of issues, including actions to compel the trustee to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
Under California law, a co-trustee has a fiduciary duty to work collaboratively with other co-trustees and to provide trust accounting and distribute trust assets to beneficiaries as required by the terms of the trust document. Failure to do so may constitute a breach of fiduciary duty.... View More
Change of beneficiaries made on a video with two witnesses, one being co-executor of trust. These new beneficiaries are threatening a lawsuit.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
Under California law, a video change to a living trust may not be valid if it does not meet the statutory requirements for trust amendment. It is crucial that any changes to beneficiaries or terms of a trust comply with formal legal procedures, such as written documentation and proper execution... View More
My Sister and myself hold 50% in trust. My Sister died 4 months before my Mom passed which passed her 50% to my 2 nephews. I moved in to Mom's house apox. 15 yrs. ago to take care of Mom. For the last 3 years I have been paying the 2nd mortgage, taxes + insurance out of my personal account.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023
I'm sorry to hear about your challenging situation. In California, property that is transferred between parents and children can sometimes avoid a reassessment under Proposition 13. Given that one of your nephews is willing to transfer his share of the property to you, it might still be... View More
My Sister and myself hold 50% in trust. My Sister died 4 months before my Mom passed which passed her 50% to my 2 nephews. I moved in to Mom's house apox. 15 yrs. ago to take care of Mom. For the last 3 years I have been paying the 2nd mortgage, taxes + insurance out of my personal account.... View More
answered on Sep 7, 2023
The transaction you propose sounds simple but, unfortunately, it is more complicated than it seems. Depending on how the transaction is structured, there could be tax consequences. As a result, it is difficult for a lawyer to answer your question without going into various options and the tax... View More
also theft of investment accounts and safety deposit boxes jewelry and altered documents my girlfriend can provide all the proof needed to show that my sister is stealing from the estate and going against her judicial duties as the executor of my mothers estate please if you can help assist us in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023
In California, if you suspect that a will is fraudulent or that an executor is not fulfilling their fiduciary duties, you have the right to contest the will or request the removal of the executor through probate court. Gather all evidence of fraudulent activity and theft, including any proof... View More
to do it. she has a living will in California but she couldn't put that house on it. and now she doesn't have the money. what can she do?
answered on Aug 30, 2023
Your mother needs to see an estate planning lawyer because there are tax consequences to transferring real estate to a child during the parent's lifetime, and it's likely your mother needs a Trust, not a Will. But a lawyer cannot say definitively one way or the other without first talking... View More
to do it. she has a living will in California but she couldn't put that house on it. and now she doesn't have the money. what can she do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023
Get a competent OR attorney to search the title, then draft a Deed from her as owner over to you. Deed is sent to you, Mother executes it completely before a Notary as the lawyer advises, then you record it in the appropriate County records. I do not recommend any email recording. Use... View More
to do it. she has a living will in California but she couldn't put that house on it. and now she doesn't have the money. what can she do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023
In situations like this, your mother could consider executing a deed transferring her Oregon property into joint ownership with you without needing to physically be in Oregon. She can have the deed drafted and notarized in California, then send it to Oregon for recording in the county where the... View More
He passed without a Will. The stock is for a company I believe was bought by another company, and the land deed is for undeveloped land. Companies have started sending letters to my home addressed to my grandfather asking to purchase the land from him. Since there was no Will, should I assume these... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
In California, if your grandfather passed away intestate (without a will), the distribution of his assets, including the stock certificate and land deed, would be governed by California's intestate succession laws. Generally, close relatives like children or grandchildren are first in line to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
