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My son and I lived with my parents for the past 12 yrs. Dad was sick.. then mom. We were given the house in a trust and will. My uncle is now is evicting us and wants us to get out.. have it vacant ...to sell. We don't want that and neither did my mom. Court papers filed like he is our... View More 
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answered on Dec 22, 2023
In California, if you are named as a beneficiary of a home in a trust or will, your rights to the property are protected. However, the role of an executor, like your uncle, is to manage the estate's affairs, which may include selling assets to settle debts or distribute the inheritance... View More
I contacted the County Recorder's Office of my County in the SF Bay Area. The helpful clerk cited Civil Code Sec. 1207, which, after one year without objections or challenges to the Correction Affidavit of Death of Life Tenant (CADLT) or its jurat, the CADLT and the "flawed" jurat... View More
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answered on Dec 21, 2023
Under California Civil Code Section 1207, the issue you're facing with the missing words "who appeared" in the jurat of a Correction Affidavit of Death of Life Tenant (CADLT) is a matter of technical defect in the notarization. This section of the law implies that minor defects in a... View More
I own only the condo I am living in .
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answered on Dec 21, 2023
The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing... View More
Could be from mother’s death. However there’s talk that my mother cheated on my dad, so I don’t know who my biological father was.
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answered on Dec 20, 2023
In California, to determine if someone has taken your rightful inheritance, you should first obtain copies of any wills, trusts, and life insurance policies that may have named you as a beneficiary. This can be done by requesting these documents from the estate executor or the insurance company.... View More
I believe that this is a very simple problem but with some significant issues with the integrity of the executor 29 yrs old and I 63 yrs old and the only biological male in the family.I could really use a few pointers on where i stand . its about the principle, looking out for ones own interests vs... View More
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answered on Dec 20, 2023
In California, when dealing with an unwitnessed will and concerns about the integrity of the executor, it's essential to prioritize understanding your rights and options as a primary beneficiary. First, it's crucial to determine if the unwitnessed will is valid under California law. While... View More
I'm confident that the Correction Affidavit of Death of Life Tenant (CADLT) is correct in all respects, and it was recorded on 12-15-23 in California. The Legal Document Assistant (LDA) who prepared the CADLT is also a California notary. He e-uploaded the CADLT along with a scanned certified... View More
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answered on Dec 20, 2023
Under California law, the accuracy of notarial language in legal documents like the Correction Affidavit of Death of Life Tenant (CADLT) is important. If the jurat statement on the CADLT is missing critical words such as "who appeared," it could potentially affect the document's... View More
California laws of succession and separate property no inherited from dead spouse,as well as it being only asset listed and it says I get one share and she gets one share of estate property ,but she's not giving me a dime and wants to sell the house and make sure I get nothing
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answered on Dec 20, 2023
In California, if a trust specifies that assets are to be distributed as a "gift to heirs" and mentions specific shares for each heir, those terms generally need to be followed. When a successor dies intestate (without a will), the state's laws of intestate succession come into play.... View More
I live in Ca. What can I do?
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answered on Dec 18, 2023
In California, if you suspect that your brother, as the holder of the Proof of Service (POS) of your father’s estate, is mismanaging or enriching himself at the expense of the estate, you have the right to take action. The first step is to request a detailed accounting of the estate's... View More
No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me
answered on Dec 18, 2023
When someone loses a loved one, it isn’t common to get documentation related to the death within the first 30 days. The documentation you will receive depends on the dollar value of the deceased person’s total assets. Assuming your mother lived in California, if her assets are collectively... View More
No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me
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answered on Dec 18, 2023
In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. As one of seven children, you are potentially entitled to a share of your mother's estate. However, without a will, an administrator must be appointed by the court to... View More
Notification of death, accounting of assets, etc.
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answered on Dec 16, 2023
In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the... View More
I came across an article on assets that don't belong in a revocable trust. "Qualified retirement accounts, including 401(k)s, 403(b)s, IRAs, and qualified annuities shouldn't reside within your revocable living trust. The reason is the transfer would be treated as a complete... View More
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answered on Dec 16, 2023
When considering whether to include your public service retirement accounts and annuities in your revocable living trust, it's important to understand the potential tax implications. As the article you read indicated, transferring qualified retirement accounts into a trust can lead to them... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
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answered on Dec 15, 2023
In California, if you're concerned about ensuring the equitable distribution of your late mother's settlement, it's understandable to seek a formal agreement with your brother.
A notarized agreement can indeed be drafted to outline how the settlement funds will be managed and... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
answered on Dec 15, 2023
Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More
I am rewriting Schedule A of my revocable living trust created in 2003, omitting the assets I no longer have and adding those that I have since acquired. Will it be considered official if I reproduce the page the same as the original (but with the current date of course), and number the page(s) the... View More
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answered on Dec 14, 2023
In California, revising Schedule A of your revocable living trust is a common step to ensure it reflects your current assets. To make these changes official, it's important that you follow the proper procedure for amending your trust. Simply reproducing the page with the current date and... View More
I am rewriting Schedule A of my revocable living trust created in 2003, omitting the assets I no longer have and adding those that I have since acquired. Will it be considered official if I reproduce the page the same as the original (but with the current date of course), and number the page(s) the... View More
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answered on Dec 14, 2023
Rewriting Schedule A of your revocable living trust to update your assets is a common practice. To ensure that the changes are official, it's essential to follow the proper procedure outlined in your trust agreement. This often involves more than just rewriting and replacing the page.... View More
I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account.,... View More
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answered on Dec 13, 2023
Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions.
Firstly, a power of attorney grants authority to another person (in this case, your... View More
The original Affidavit of Death of A Life Tenant (ADLT) with a wrong legal description of a house was signed and recorded by the Life Tenant's daughter in Santa Clara County, California. Can a remainderman named in the Life Estate referenced in the ADLT sign the Correction ADLT with a correct... View More
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answered on Dec 13, 2023
Yes, in California, a remainderman named in the Life Estate can sign a Correction Affidavit of Death of a Life Tenant (ADLT) even if they were not the one who signed the original affidavit. If the original ADLT contains an incorrect legal description of the property, it is important to correct this... View More
The original Affidavit was signed by the decedent's daughter, who is not a remainderman of the Life Estate in question. The orig. Affidavit has a wrong legal description, which the Correction Affidavit will serve to rectify.
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answered on Dec 13, 2023
In California, a Correction Affidavit of Death of a Life Tenant can indeed be signed by a remainderman, even if they did not sign the original affidavit. This is particularly relevant if the original affidavit contained an error, such as a wrong legal description, that needs rectification.... View More
Landlord purchased property from me with claus which states "Property sold as is; seller will not remove any personal property and/or debris. // Buyer accepts occupant (brother) as a tenant with no rental income for term of 2 years." Landlord interpretation of clause includes all personal... View More
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answered on Dec 13, 2023
Based on the information provided, since your deceased brother had a valid 2-year lease at the time of his passing, you as the sole legal heir to his estate likely have the right to retain possessions located within the rented residence through the end of that lease term. The lease agreement... View More
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