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My fiance's is in court going after his sister (successor Trustee) for criminal activity in regards to his mother's trust. His sister successfully evicted us, but would not allow me back into the house to get my stuff. I lived there for 14 years! She had some big fat guy make sure that I... View More 
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answered on Jan 23, 2024
In California, if you were unlawfully prevented from retrieving your personal belongings after an eviction, you have the right to take legal action. As you were a resident of the property for 14 years, your belongings are your personal property, and denying you access to them can be considered... View More
answered on Jan 21, 2024
Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More
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answered on Jan 21, 2024
In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.
Your... View More
All successor trustees are dead. I am also a beneficiary of the trust. I would like to know what form I need to file to petition to become the new trustee. I’m in Los Angeles.
Thank you
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answered on Jan 21, 2024
In Los Angeles, California, to petition for the appointment of a new trustee when all successor trustees are deceased, you typically need to file a Petition to Appoint Trustee in the probate court. The specific form used for this purpose may vary, but generally, it's known as a "Petition... View More
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More
answered on Jan 19, 2024
Probate Code Section 850 which allows for the court to provide relief when there has been an "abuse of a confidential or fiduciary relationship," including disputes between co-owners of property. If there is no legitimate reason for him to refuse to complete the paperwork, Section 850... View More
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More
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answered on Jan 19, 2024
Under California law, if a beneficiary intentionally delays the completion of required paperwork to hinder the distribution of annuity benefits to other beneficiaries, legal action may be taken. In your case, you can consider filing a petition in probate court for the enforcement of your rights as... View More
It's been 16 months since my Auntie passed away but the trustee hasn't provided all the information that we need. The trustee had engaged an attorney whom we thought would help and guide them in the right administration of the trust, and in the right direction but, it seems what's... View More
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answered on Jan 18, 2024
Under California law, trustees have a fiduciary duty to act in the best interests of the beneficiaries, including being transparent and providing necessary information like the trust accounting and schedule of assets. If it has been 16 months since the passing of your aunt and the trustee has not... View More
Is it free for senior citizens
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answered on Jan 18, 2024
Lawyers can make house calls to assist with legal matters such as amending a will, especially for senior citizens who may have mobility issues. However, whether this service is offered and any associated costs can vary depending on the law firm and the location.
While some attorneys may... View More
answered on Jan 17, 2024
If your parents had separate trusts, it’s highly unlikely your mother would have any right to modify his trust document if your father were alive, but it’s even less likely she will be able to change his trust after he has passed.
The Trustee who steps up after the Settlor/Trustor dies... View More
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answered on Jan 18, 2024
No, if your mother and late father had separate trusts that they each established, your mother does not need approval from the beneficiaries to combine those trusts after your father has passed away. Some key details:
- When a person creates their own trust, they retain full control over... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
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answered on Jan 18, 2024
In a situation where you are a beneficiary of a trust, you have certain rights to information about the trust and your share of the estate. As a 1/3 beneficiary, you are entitled to know the details and specific amounts of the trust assets, including stocks, bonds, properties, and cash. The... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
answered on Jan 17, 2024
I'm sorry for the loss of your father. There are strict ethical codes for lawyers who represent Trustees. Those lawyers are not allowed to represent or advise any beneficiaries. Lawyers have a choice of representing EITHER the Trustee (but only in his capacity as Trustee) OR represent one or... View More
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answered on Jan 17, 2024
Under California law, there is no fixed timeframe for the distribution of assets from a will or trust, as it varies depending on several factors. The process of settling an estate through probate can take anywhere from a few months to a few years. Probate is the legal process through which the... View More
we sold her house and got over a million dollars will be doing taxes so.
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answered on Jan 16, 2024
Under California law, as a power of attorney for your mother, your responsibilities and powers are governed by the terms of the power of attorney document and relevant state laws. In managing the trust funds, including money from the sale of her house, you must act in your mother's best... View More
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answered on Jan 16, 2024
In California, when a person passes away with an auto loan in their name, the loan does not automatically transfer to another person, including a spouse. The estate of the deceased is responsible for the debt. If your mother wishes to use and eventually sell the car, the loan must be addressed.... View More
16 months now and we haven't received any trust accounting. And the trustee doesn't give us schedule of assest. We sent them emails multiple times requesting for accounting but no response. One of my cousin is listed as co-trustee but they never ask him to participate. They keep my... View More
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answered on Jan 15, 2024
In situations where beneficiaries of a trust are not receiving proper accounting or communication from the trustee, it is important to know your rights. Under trust law, beneficiaries are typically entitled to certain information about the trust, including accounting details and the schedule of... View More
We believed that the number1 trustee listed is doing manipulation of the trust. Trustee is not responding to our request for trust accounting. What is the role of a co-trustee. We want my cousin to exert his right as a co-trustees to have a check and balance. Recently the trustee sold a property... View More
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answered on Jan 14, 2024
Under California law, a co-trustee has the same rights, duties, and responsibilities as the primary trustee. This includes managing the trust's assets, ensuring the trust's terms are followed, and acting in the best interests of the beneficiaries.
Your cousin, as a co-trustee,... View More
Mother doesn't want them in her house. Can I take possession?
There are 5 handguns. Purchased before 1990, so most likely pre registration mandates. Wouldn't be surpised if they are all not registered.
Family friend who is a police officer has taken posesssion and... View More
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answered on Jan 14, 2024
Based on the details provided, here are a few key considerations for transferring those firearms in California:
- Since your father passed away over a year ago, you cannot directly inherit the guns or add them to a parent/child family trust. Those processes require the parent to be alive.... View More
After my mother's passing we did not receive no money and he got remarried 6 months after my mom passed cuz he was cheating
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answered on Jan 14, 2024
Under California law, the distribution of assets like a 401K is governed by the beneficiary designations set forth in the account. If your mother's 401K designated her husband as the 100% beneficiary, then he is legally entitled to receive the entire amount, regardless of any other mentions or... View More
Living trust to issue partial payment to beneficiaries from condo sale before 120 notice is met
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answered on Jan 14, 2024
In California, when managing a living trust and considering the early distribution of assets, such as proceeds from the sale of a condo, to beneficiaries before the typical 120-day notification period has ended, there are several factors to keep in mind. First, it's important to review the... View More
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