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California Estate Planning Questions & Answers
1 Answer | Asked in Probate and Estate Planning for California on
Q: I have a trust in California, and I keep trying to get my trustee to abide by the CTAPP regulations. Acct reports none!

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.

James L. Arrasmith
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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

1 Answer | Asked in Probate and Estate Planning for California on
Q: I have a trust fund, and my trustee will only provide for needs. What is the definition of needs in regards to a Trust?

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.

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for California on
Q: My daughter’s father passed away about a month ago. His total assets are under $100k

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?

James L. Arrasmith
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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

2 Answers | Asked in Probate and Estate Planning for California on
Q: Who do I contact if the trustee of an estate is failing at their fiduciary duties?

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?

James L. Arrasmith
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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

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Successor Trustee/Fiduciary Duties for a Home in Need of Renovation but No Liquid Cash in the Estate?

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

Howard E. Kane
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Howard E. Kane
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.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Successor Trustee/Fiduciary Duties for a Home in Need of Renovation but No Liquid Cash in the Estate?

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

James L. Arrasmith
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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

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1 Answer | Asked in Estate Planning and Probate for California on
Q: The bank my late grandmother's trust account is at, won't give me access to the account.

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?

James L. Arrasmith
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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

2 Answers | Asked in Estate Planning and Probate for California on
Q: The last 5 yrs I've been paying the mortgage and taxes on my deceased gf property. Her son never took it to probate

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?

James L. Arrasmith
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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

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2 Answers | Asked in Estate Planning and Probate for California on
Q: The last 5 yrs I've been paying the mortgage and taxes on my deceased gf property. Her son never took it to probate

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?

Julie King
Julie King
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

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1 Answer | Asked in Estate Planning and Probate for California on
Q: A distant relative is contesting my status as successor trustee/executor of my late grandparents estate?

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for California on
Q: What form is to compel the trusteecan I file to get LA judge to review this? It is in LA. Can’t afford an attorney!
James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for California on
Q: Trustee is a co trustee, didn’t work with other co trustee and won’t pay out beneficiaries or do trust accounting
James L. Arrasmith
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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

1 Answer | Asked in Estate Planning for California on
Q: Is a video change to a living trust valid?

Change of beneficiaries made on a video with two witnesses, one being co-executor of trust. These new beneficiaries are threatening a lawsuit.

James L. Arrasmith
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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

2 Answers | Asked in Estate Planning for California on
Q: I am 70 yrs. old and live on $716.00 a month I have some questions about my Mom's trust since she has passed. Thanks.

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

James L. Arrasmith
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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

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2 Answers | Asked in Estate Planning for California on
Q: I am 70 yrs. old and live on $716.00 a month I have some questions about my Mom's trust since she has passed. Thanks.

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

Julie King
Julie King
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

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1 Answer | Asked in Civil Litigation, Probate and Estate Planning for California on
Q: i need help in the process of showing proof of fradulent will made just months before my mothers passing and also theft

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

James L. Arrasmith
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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

3 Answers | Asked in Estate Planning for California on
Q: we live in California but my mom has a home in Oregon and would like to put my name on the deed but can't go to Oregon

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?

Julie King
Julie King
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

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3 Answers | Asked in Estate Planning for California on
Q: we live in California but my mom has a home in Oregon and would like to put my name on the deed but can't go to Oregon

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?

Anthony M. Avery
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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

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3 Answers | Asked in Estate Planning for California on
Q: we live in California but my mom has a home in Oregon and would like to put my name on the deed but can't go to Oregon

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?

James L. Arrasmith
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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

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1 Answer | Asked in Estate Planning and Probate for California on
Q: When my grandfather passed away, I found an old stock certificate and land deed title. Can I assume ownership of these?

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

James L. Arrasmith
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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

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