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California Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for California on
Q: Does trust require A/B trust? It says A/B IF exceed the federal estate tax exemption, but assets aren't that high.

Yes, I'm going to work with a lawyer. I'm just trying to be informed and have some understanding.

Parents trust is old (2003) and says *if* the trust estate exceeds the estate tax exemption, then create A/B trusts. B trust gets lesser of 1/2 of estate or the estate tax exemption.... View More

Julie King
Julie King
answered on Dec 19, 2024

Lawyers cannot give opinions on trusts, contracts or other specific legal documents without reading the document. It's like giving someone a few pages out of a book and asking what the outcome will be. I'm sorry about that! Terms can be defined differently from one trust to another, so... View More

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2 Answers | Asked in Estate Planning for California on
Q: Can you cancel an irreversible trust

Our irreversible trust provides that our daughter gets our home. She is of the opinion that she wants us to be able to sell the home to -rovide for senior care and residential care.

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2024

Often the whole point of an irrevocable trust is to avoid having to sell the home to pay for care, thus ensuring that your children will at least inherit the home if nothing else. Your care is paid for out of savings and when that runs out then Medicaid picks up the tab. When you pass your... View More

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4 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: What is the best/safest kind of deed to use to transfer a primary residence to a revocable living trust?

Three of us joint tenants in California would like to put our home in the family living trust.

We plan on keeping our home in our family for generations to come.

Do you recommend one deed over another: grant, warranty, quitclaim, etc.?

Can any of the deeds cause issues for... View More

Julie King
Julie King
answered on Dec 13, 2024

Two quick points. First, each person needs his/her/their own trust. Person A should not put their asset into Person B's trust. Person B should put their share of the property into Person B's own trust. Second, if you don't prepare the documents EXACTLY as required by law and county... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Distribution of funds

My aunt passed away recently. Not rushing for the money, just have been told so many different things/answers. Will her estate be distributed between living siblings only or will funds be distributed to deceased siblings via their children, as well? Everything is in California, There is no trust,... View More

Julie King
Julie King
answered on Dec 10, 2024

Lawyers would need a lot more information before they could answer to your question. For example:

* Did your aunt live in California? [Laws are different in different states.]

* Did your aunt have a Trust?

* Did she have a Will?

* What is the dollar...
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2 Answers | Asked in Estate Planning for California on
Q: I have executed a California Uniform Statutory Power of Attorney which has been duly witnessed and acknowledged .

The power of attorney states that it will continue to be effective even though I become incapacitated.

Does this obviate the need for a court appointed conservator in the event I become incapacitated?

Thanks.

Sam

Julie King
Julie King
answered on Dec 4, 2024

Please know that every Power of Attorney contains different language, so lawyers cannot give an opinion about a Power of Attorney without reading the particular document in question. Also, there are different types of POAs. A Durable Power of Attorney is set up to cover situations of incapacity.... View More

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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: My brother owes 10% of the house and I owe 90% of the house. My brother wants to do a quit claim deed and give me the

house. Can I avoid property tax? Both of our name is on the grant deed.

Julie King
Julie King
answered on Dec 3, 2024

Unfortunately, almost all exchanges of real estate in California will cause the property tax rate to increase. There are VERY FEW exceptions (one such exception applies when a person transfers real estate to their spouse.) There are no exceptions for property transfers to siblings, cousins,... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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2 Answers | Asked in Criminal Law, Estate Planning, Federal Crimes and Stockbroker Fraud for California on
Q: I urgently need help w. fraud forgery & mismanagement of a Trust affecting my rights trustees accountable?

I am dealing with potential forgery, fraud, and mismanagement of a Trust established for myself in which I am categorized under a ‘Special Needs Trust’ that does not reflect my circumstances. There's discrepancies; absence of my signature, false info, multiple drafts, fraud and complete... View More

Julie King
Julie King
answered on Nov 15, 2024

Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My mother passed 7/4/24 what can I do when the executor of the trust refuses to give me a copy of the trust

my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More

Julie King
Julie King
answered on Nov 14, 2024

Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More

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2 Answers | Asked in Estate Planning for California on
Q: Trustee of my mom’s estate

My mom passed away and I am the trustee of her trust. I am sending out the notification by trustee under probate code section 16061.7. I am also sending out a waiver form to the beneficiaries if any wish to waive the 120 days for contesting the trust. I understand that all the beneficiaries would... View More

Julie King
Julie King
answered on Nov 13, 2024

You seem to be jumping from step 2 to step 12. There is A LOT of work that must be done before assets can be distributed to the beneficiaries named in the trust. I understand that everyone wants their inheritance ASAP, which is the case in 99% of trust administration matters. However, the law... View More

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2 Answers | Asked in Estate Planning for California on
Q: KOSMOSGifts.com helps preserve wisdom digitally and pre-plan gifts can they partner with estate planning offices?

The company offers gift pre-planning for up to 30 years in advance for customers' children and grandchildren, and even skip-generation. The company is almost acting as a trust / an account where the company will withdraw money to gift to their descendants after the person's death. Can... View More

Julie King
Julie King
answered on Nov 10, 2024

It depends on what you mean by the term “partner.” Lawyers define the term as someone in a limited partnership or general partnership. The ethics code prohibits lawyers from splitting profits with non-lawyers in almost all circumstances. So, if you are asking whether lawyers can be in a... View More

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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: What is a trustee called after the grantor dies? The trustee was also listed as a co trustee.

Living trust has stocks worth 1.5 million. The financial institution wants to divide all stocks and move into beneficiaries account. When beneficiaries sell stock do they pay capital gains from stocks original purpose or from date received forward? Or is it better to sell all stocks and distribute... View More

Julie King
Julie King
answered on Nov 4, 2024

The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Lender added me on the deed as trustee along with my mother on my mother’s trust and on the loan as a co-borrower.

I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.

Julie King
Julie King
answered on Oct 30, 2024

No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Would it be best to let it go through probate as I'm the only child? Thanks for the advice.

Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More

Julie King
Julie King
answered on Oct 30, 2024

Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Was contacted by a private detective relating to about my late Dad /?Aunt estate/ to contact the attorney

I called a private detective he referred me to an attorney that needed to prove that I was my dad‘s daughter. I sent her proof and then she referred me to another attorney since a client already hired her in the matter she did not enclosed any kind of information so I contacted this attorney, and... View More

James Clifton
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James Clifton
answered on Oct 30, 2024

It sounds like you are a surviving heir to the estate of your aunt and may be entitled to notice of the probate proceed and potentially compensation. Due to the death of your father, this has become more complicated and involves you and your siblings, if you have any. You may be entitled to some... View More

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2 Answers | Asked in Estate Planning for California on
Q: In California a couple owns all assets (cash and home) in joint. Do they need a durable power of attorney?
Rebecca Sommer
Rebecca Sommer
answered on Oct 24, 2024

Yes.

First, chances are there's something you forgot that isn't joint - for example, any 401k or IRA is individual by definition. Or perhaps there are utilities that are only in one person's name. In order to access those in cases of incapacity, a spouse needs the POA....
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2 Answers | Asked in Estate Planning for California on
Q: What if I do not know where or what the estate/trust of my late fathers. But was contacted by an attorney .

Which has not enclosed any information about this matter besides asking me to provide proof that am his heir (only) . Now they were to get ahold of me but have not nor returning my wail or phone calls. How do I get information about this matter would help?

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 23, 2024

It is possible that the attorney who initially contacted you had consulted with someone looking to claim your late father’s assets and wanted to confirm if you were related and alive so that you may have a claim to your late father’s assets as an heir or beneficiary of his Will or Trust. It is... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: if it involves an estate in California, do I need to find an state lawyer in California or can I use one in Nevada?

Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 20, 2024

If you have an interest in a California’s decedent’s estate, then you will want to retain a California attorney who practices in the field of orobate and trust administration and litigation to assist you in evaluating your rights and directing you how best to proceed.

If the California...
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3 Answers | Asked in Estate Planning and Probate for California on
Q: if it involves an estate in California, do I need to find an state lawyer in California or can I use one in Nevada?

Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 20, 2024

For an estate in California, you need a California licensed attorney. You may be able to find an attorney in Nevada who is also licensed in California. You can try your local Bar Association to see if they have a lawyer referral service that can find you one. If not, you can try the website of the... View More

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2 Answers | Asked in Estate Planning and Family Law for California on
Q: My idiot brother is stopping me from seeing or talking to my mom because he has the power of attorney.

I know the power of attorney doesn't give him that right.

Julie King
Julie King
answered on Oct 7, 2024

Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More

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