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His will further stated that upon his wife's death all money is to be divided 4 ways between myself, my brother, and our 2 step brothers. My step brother has a POA. The step mother is in assisted living with dementia. My question is: Does my step brother have to adhere to my dad's... View More 
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answered on Dec 12, 2023
In this situation, it's important to consider the legal aspects surrounding your father's will and the role of the stepbrother with a power of attorney (POA). Your father's will is a legal document that outlines his wishes regarding the distribution of his assets, including the money... View More
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answered on Dec 10, 2023
Under California law, the terms of a trust are generally determined by the grantor, the person who establishes the trust. In your case, it seems that your father set up a trust to provide you with a monthly income rather than a lump sum payout, which is a common arrangement in estate planning.... View More
Just to sneak 2 court through a spousal property petition that was based on only two bank accounts and my father's businesses names which I believe to be accounts that receive money every month for mortgages. How is it that my mom was never appointed because I showed up in court to show my... View More
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answered on Dec 8, 2023
In California, if an executor named in a will passes away before being formally appointed by the court and before administering the estate, the probate court typically appoints a new executor or administrator. This is done to ensure the estate is properly managed and distributed according to the... View More
Executors but everyone lied to me in hopes I wouldn't find the case online. It was two different petitions for the same case one was the spousal property petition based on two bank accounts in my dad's business names. was supposedly approved per the minutes but the order was not signed... View More
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answered on Dec 8, 2023
The situation you're describing involves complexities in estate administration, particularly with a living trust and the roles of executors and trustees. When a surviving spouse is named as executor, and there are co-executors like your siblings, each has fiduciary duties to the beneficiaries,... View More
My deceased parents were the Grantors & stepmother is the trustee. I've requested an accounting in writing but she refuses to say anything other than "the trust has grown". I have checked with county offices and she has gotten a loan using trust property as collateral. I'm... View More
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answered on Dec 7, 2023
Under California law, you have the right to request an accounting of a family trust if you are named as a beneficiary and have standing. If your deceased parents named you as a beneficiary, you are entitled to receive information about the trust's assets, liabilities, income, and expenses.... View More
I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More
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answered on Dec 6, 2023
Under California law, if the designated beneficiary of your uncle's cash account has not claimed the funds within three years, you may have a legal avenue to pursue those funds. First, ensure that your uncle's will and the trust documentation do not specifically require the cash to go to... View More
I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More
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answered on Dec 7, 2023
It sounds like you are inquiring about the disposition of funds that were in a bank account in your father's name, not in the name of his trust, and that he designated a friend as the death beneficiary of that bank account. If that is the case, and if the friend does not claim the money, the... View More
I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More
answered on Dec 6, 2023
Most trusts specifically say that if Beneficiary X dies before the Settlor or Trustor (the person who had the trust) or if that Beneficiary "disclaims" (doesn't claim) their gift, then ______ happens to that gift. So, the first thing I would do is read your Uncle's trust to see... View More
I have a living trust established in 2003. It had about 26 assets listed. I no longer have about 16 of the assets. Can I just rewrite my Schedule A omitting the assets I no longer have? If so, can I also just add assets acquired since then in the name of the trustee/trust? Does that also... View More
answered on Dec 5, 2023
It's possible a judge could recognize handwritten changes as a valid amendment to the trust, but there is no guarantee of that because the changes would not be signed, notarized, and fulfill all the legal requirements of trust amendments. You can certainly update Schedule A but, if you want to... View More
I have a living trust established in 2003. It had about 26 assets listed. I no longer have about 16 of the assets. Can I just rewrite my Schedule A omitting the assets I no longer have? If so, can I also just add assets acquired since then in the name of the trustee/trust? Does that also... View More
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answered on Dec 5, 2023
Under California law, you can update the Schedule A of your living trust to reflect changes in your assets. This includes removing assets you no longer own and adding new assets that you have acquired since the trust was established. It is important to keep this schedule current to ensure that the... View More
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answered on Dec 4, 2023
In California, when filling out the FL-150 form during divorce proceedings, you need to disclose all financial assets and obligations. This includes trusts, especially if you are a beneficiary or have any control over the trust. Even if the trust is set up in your name, it's important to list... View More
I inherited this shotgun from my father 10 years ago and was told I didn’t need to do anything since it was inherited. I’ve learned it should have been registered within 30 days. What’s the best thing for me to do? Can I still register it? Do I dispose it?
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answered on Dec 3, 2023
In California, the law requires firearms inherited or received as part of an estate to be reported and registered within 30 days. Since you inherited the shotgun 10 years ago and did not register it within this timeframe, it's important to address this situation promptly to ensure compliance... View More
There are no other persons or debtors .
I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.
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answered on Nov 30, 2023
In California, having letters of administration with limited powers for your mother's estate gives you certain authorities, but it does not automatically allow you to transfer the deed of her home into your name. As the administrator, your role is to manage and settle the estate according to... View More
There are no other persons or debtors .
I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.
answered on Dec 1, 2023
The transfer is accomplished via court Order, not by a Deed. So no, you cannot transfer the property to yourself. Once all procedural requirements have been met, including the preparation and filing of an Inventory and Appraisal, you or your representative will file with the court a Petition for... View More
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answered on Nov 29, 2023
To locate a trust account opened by your mother, start by gathering any existing documents or information related to her financial affairs. This might include bank statements, financial advisor contacts, or any other paperwork that could indicate where the trust might be held.
If you have... View More
Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money... View More
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answered on Nov 29, 2023
It sounds like you're concerned about possible attorney misconduct or self-dealing in the sale of your father's home. If the lawyer sold the home for significantly less than its market value, especially to a friend who then resold it for a much higher price, this could raise questions... View More
Myself my brother and step brother are the recipients of our parents estate, divided equally 1/3 each. Everything has been distributed except the house. My brother is Trustee, stepbrother is co trustee. Step brother is planning on useing a friend new to real-estate to sell the house. My brother... View More
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answered on Nov 27, 2023
In California, as a beneficiary of the estate, you do have rights regarding how the estate, including the house, is managed. If your stepbrother, as co-trustee, is making decisions that you believe are not in the best interest of the estate or are potentially self-serving, you can take action.... View More
My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More
answered on Nov 29, 2023
There are a number of legal issues here. First, no one can verbally give away rights to real estate. The law says that all transfers of real estate MUST be in writing and signed by the person who is giving up their rights to the property. So, any verbal statement your mother made about you... View More
My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More
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answered on Nov 24, 2023
In California, when inheriting property, it's crucial to understand your legal rights and options. Since the property was co-owned by your mother, and you are her heir, you have a rightful claim to her share. Before signing over any part of the property, it's highly advisable to consult... View More
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answered on Nov 23, 2023
Under California law, if the property is held in a living trust and you are the designated successor trustee, your role is to manage and distribute the trust's assets according to the trust document's terms. This is typically outside the scope of probate, meaning the court-supervised... View More
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