Get free answers to your Estate Planning legal questions from lawyers in your area.
Can the last will and its first codicil, which have specific bequests attached, be absorbed into a living trust that is now irrevocable after the settlor's death? The trustee has notified only one of the 26 beneficiaries and has filed a petition to close the estate administration without... View More 
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answered on Jun 16, 2025
The key issue is whether the executor of the will and the trustee of the trust are the same person. If they are, it may simplify administration, but it also raises concerns about potential conflicts of interest—especially if the will and trust name different beneficiaries or contain inconsistent... View More
I am working a caregiving gig that is paid under the table, but it is mutually agreed upon with an elderly woman I care for in Santa Barbara, CA. We have not discussed taxes, but we are working on a contract that outlines specific duties. Is this arrangement legal?
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answered on Jun 14, 2025
Hello. In short, no. Taxes aren’t being paid, you have no Labor Code or other legal protections. Of particular note, you have no workers' compensation coverage. Any of these issues alone are major, and can have major negative consequences for you. It's good that you both are now... View More
I am working a caregiving gig that is paid under the table, but it is mutually agreed upon with an elderly woman I care for in Santa Barbara, CA. We have not discussed taxes, but we are working on a contract that outlines specific duties. Is this arrangement legal?
answered on Jun 14, 2025
No. You are probably an employee, whose rights are set forth in Wage Order 5 and the Domestic Workers Bill of Rights. You should be entitled to at least minimum wage for all hours worked and overtime after 10 hours in day. You cannot waive your rights to minimum wage, overtime by mutual agreement,... View More
I received a letter from a legitimate Canadian lawyer stating that I am a beneficiary of someone who passed away 2 years ago and shares my last name, though I have never been in contact with the deceased person. The attorney confirmed their identity through their website, which appears legitimate,... View More
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answered on Jun 10, 2025
To verify if the letter is genuine, start by independently confirming the lawyer’s identity using the Canadian provincial law society’s website to ensure they’re licensed and in good standing. Then call the law firm directly using contact information from their official website to confirm the... View More
I received a letter from a legitimate Canadian lawyer stating that I am a beneficiary of someone who passed away 2 years ago and shares my last name, though I have never been in contact with the deceased person. The attorney confirmed their identity through their website, which appears legitimate,... View More
answered on Jun 11, 2025
’m already suspicious of the claim because it comes from a relative you don’t know and never heard of, and it is supposedly coming from outside of the United States.
Before I say anything else, everyone should know this: NEVER GIVE ANY OF YOUR PERSONAL INFORMATION TO SOMEONE... View More
My mother passed away, and she had prepared documents with a lawyer to avoid probate. Her will states that her assets, including IRAs, bank accounts, and real estate, are to be split equally between me and my sister. We both agree to the 50/50 split, but we are unsure of what steps to take next or... View More
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answered on Jun 9, 2025
I’m sorry to hear about your mother’s passing. Navigating estate matters can be complex, You mentioned that your mother worked with a lawyer to avoid probate, and there is a will specifying that her assets—including IRAs, bank accounts, and real estate—are to be equally divided between you... View More
My mother passed away, and she had prepared documents with a lawyer to avoid probate. Her will states that her assets, including IRAs, bank accounts, and real estate, are to be split equally between me and my sister. We both agree to the 50/50 split, but we are unsure of what steps to take next or... View More
answered on Jun 9, 2025
Since your mother set up a plan designed to bypass probate, you will need a lawyer to review the estate planning documents, whether it is a trust, transfer on death deed, or other paperwork. Once the review has taken place, you can plan the next steps for finalizing the estate distribution.... View More
As a sole shareholder of a California professional physical therapy corporation, I am considering transferring my practice into a joint revocable trust with my wife, who is not a licensed professional. I understand that under Corporations Code section 13407 and California Department of Consumer... View More
answered on Jun 6, 2025
Yes and no. In your joint revocable trust agreement, you actually need to provide for two separate trustees: one, who can be your wife, to serve as general trustee who will have all powers needed to wind up your personal affairs; and another, a special trustee who must be an active licensee, with... View More
As a sole shareholder of a California professional physical therapy corporation, I am considering transferring my practice into a joint revocable trust with my wife, who is not a licensed professional. I understand that under Corporations Code section 13407 and California Department of Consumer... View More
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answered on Jun 6, 2025
Under California law, a professional physical therapy corporation may only be owned by a trust if the licensed spouse retains exclusive control over the shares, even if a non-licensed spouse or co-trustee is involved. According to DCA Legal Opinion 79-5 (1979), a revocable living trust with a... View More
My father, who is 76, frequently drives intoxicated. Despite contacting law enforcement and the DMV, no action has been taken to prevent him from driving. My mother is elderly and disabled, and my disabled sister lives with them. They live in a house that is protected by homestead and placed in a... View More
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answered on Jun 3, 2025
To protect the family home from liability due to your father’s drunk driving, the most effective step is to amend the revocable trust now—before a problem arises. Although the home is in a revocable trust, that offers no protection from creditors during your parents’ lifetimes if your father... View More
My father, who is 76, frequently drives intoxicated. Despite contacting law enforcement and the DMV, no action has been taken to prevent him from driving. My mother is elderly and disabled, and my disabled sister lives with them. They live in a house that is protected by homestead and placed in a... View More
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answered on Jun 3, 2025
This is a deeply difficult and understandably urgent concern. When someone causes an accident—especially one involving intoxicated driving—their personal assets can be at risk in a civil lawsuit. If your father is found liable for injuries or damages, a plaintiff could potentially go after... View More
I live in California and want to designate a long-time friend as my Power of Attorney now and have her become the Executor when I pass away. Currently, I don't have a will or Power of Attorney document. I plan to give her $10,000 as her fee and an additional $10,000 to cover expenses such as... View More
answered on Jun 1, 2025
Practically every adult needs four documents: a durable power of attorney and healthcare directive to be used if the adult ever loses enough mental capacity that a physician determines the adult is unable to make their own decisions; a HIPAA Release; and a will or trust.
For the power of... View More
My father passed away 10 years ago, and recently my stepmom also passed away. I found out about her passing through another person and learned that there is a living trust. However, I don't know where the trust is, and it seems that others are preventing me from accessing or knowing more about... View More
answered on Jun 1, 2025
If no one is willing to give you a copy of the trust, it is always best to start by sending a formal demand letter seeking a copy of the trust. You can write that yourself (unless you already asked for the trust in writing) or you can hire a lawyer to write it. If the relatives still will not give... View More
In California, is there a specific time limit for my brother, the trustee of my mother's irrevocable living trust, to close the estate and complete the distribution process? The estate process began on May 28, 2023, and banks are delaying the distribution of funds.
answered on May 29, 2025
There is no set time frame by which trust administration must be completed. The reason is that some trusts only involve bank accounts while other trusts might involve 7 properties, accounts at 4 different banks, bonds that need to be cashed in, etc. So, the more complex the estate, the longer it... View More
My mother passed away on 5/22/25 following gallbladder removal surgery, and I am seeking her medical records to possibly pursue legal action for malpractice. Her husband, who is the next of kin, is willing to grant me power of attorney to access these records. I have already spoken to the medical... View More
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answered on May 27, 2025
You can’t use a power of attorney after someone dies. Instead, your mother’s husband—as her next of kin—can authorize you as his personal representative to request her medical records.
Here’s what you’ll need:
• A death certificate
• A signed authorization... View More
I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More
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answered on May 21, 2025
I’m sorry you’re dealing with this. As a beneficiary of a California trust, you have the right to receive a copy of the trust and to request information about how assets are being managed. If your sister is acting as trustee, she has a legal duty to act in the best interests of all... View More
I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More
answered on May 21, 2025
Consult with a probate litigation attorney right away to protect your rights. Your sister, if she is trustee of your father's trust, has fiduciary duties and obligations under CA law, one of which is to provide all beneficiaries with a copy of the trust. Time is of the essence as the longer... View More
I need assistance with the specific language required to remove a designated beneficiary from my bank account to ensure that the funds will be accessible by the estate.
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answered on May 21, 2025
This is not something that you should attempt to do within your estate planning documents; that will not work. You need to go into the bank in person and sign papers to remove the current designated beneficiary and add a new beneficiary.
I need assistance with the specific language required to remove a designated beneficiary from my bank account to ensure that the funds will be accessible by the estate.
answered on May 21, 2025
If it is your bank account and you have a trust, you can change the title of that account from your name to the name of the trust. [Check with your estate planning attorney if you don't know the proper way to title an account to place it into your trust.] If you don't have a trust, you... View More
If the deed is vested as community property with the Right of Survivorship, and we then transfer the property into a trust, can the trust stipulate that the community property status no longer applies? Additionally, can the initial down payment and its proportional return on the investment be... View More
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answered on May 20, 2025
Transferring community property (even if titled with right of survivorship) into a trust does not change its community property character unless there’s a valid transmutation agreement signed by both spouses under California Family Code §§ 850–852. However, placing the property into a trust... View More
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