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answered on Nov 29, 2023
If the person who named you in their trust has passed away and you are listed in their trust as the first successor trustee, you should be the trustee unless your sister's petition is successful. No one can successfully petition the court to take over a deceased person's estate simply... View More 
Domicile is in California. Dad is 91 and the trustee. Funds have been removed from irrevocable trust in which myself and two brothers were to be equally compensated. He appointed the proceeds of the real estate to himself and his own trust but never recorded anything. He never gave a copy of the... View More
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answered on Nov 17, 2023
Under California law, a trustee cannot arbitrarily remove a beneficiary from an irrevocable trust by invoking the "changed circumstances" doctrine to defund it. Such trusts are typically designed to be unalterable, and the trustee's role is to manage the trust assets according to the... View More
now we expect home insurance claim checks that can only be addressed to her name. I am confident that I can petition the court for Letters or Testamentary on my own. But I want to be sure that the court will only consider this property that needs their appointment, specifically the insurance... View More
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answered on Nov 15, 2023
In California, as a trustee of a living trust, dealing with assets like insurance claim checks made out to the deceased can be managed through the probate court.
When you petition for Letters of Administration (not Testamentary, as those apply to wills), the court's focus will... View More
the checks). I want to negotiate these checks, but the bank will not do so without letters testementary and an EIN (through the IRS website). No probate occurred and my understanding is no probate is required for a "small estate". I do not want to go through any probate process or pay... View More
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answered on Jan 7, 2025
You need to get the checks re-issued to you as the affiant under the small estate affidavit.
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answered on Jan 4, 2025
You can find free California will forms through several reliable sources. The California courts website (courts.ca.gov) offers basic will templates and instructions that you can download and complete at home.
Local legal aid organizations like California Rural Legal Assistance (CRLA) or... View More
My mother wants to leave me her property and home in a trust. The way she has written the trust is that I would be required to pay taxes and insurance and never have the option to sell it or do anything to it. She lists me with two other people as the trustees, to make decisions jointly. I'm... View More
answered on Jan 2, 2025
If a lawyer drafted the trust, I’d bet there is a beneficiary listed somewhere. Perhaps it is in another part of the trust than you were looking. But it would be incredibly unusual for a lawyer to draft a trust without a beneficiary. If a lawyer did not draft the trust, there is no way anyone... View More
He keeps telling his judge father that I’m this, im than when he took most of my money for Crack.i don’t use crack and I have a prescription. Plus I’m alive
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answered on Dec 27, 2024
I hear how distressing and frustrating this situation is for you. Identity theft and fraud by someone claiming to be a DHS worker is a serious crime, and you deserve to get your money back.
Your first step should be to file a police report immediately and contact your local District... View More
A married teacher retired. Files for divorce (contested) but then passes away. He was married at retirement and at death. An initial judgement was entered for divorce but set aside completely and no orders made. Spouse learns another beneficiary was named to receive benefits and return of... View More
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answered on Dec 26, 2024
Based on California law and STRS regulations, you have strong grounds to challenge this situation. The California Teachers' Retirement System requires spousal consent for beneficiary designations that affect the community property interest, particularly when naming someone other than the... View More
I have a signed notarized copy of the pet trust that was apart of the living trust notarized documents
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answered on Dec 26, 2024
To obtain a death certificate in California, you'll need to be an authorized person with proper documentation. Having an unsigned copy of a will from a living trust alone isn't sufficient documentation to request a death certificate.
The notarized pet trust document, while valid... View More
Recently my brother passed away and I am again the beneficiary of the same IRA (it is still in my brother's account). Is this one subject to the new tax laws requiring it be empied in ten years? My existing one is not. Also can the assets be put directly into my already existing inherited IRA... View More
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answered on Dec 24, 2024
Your situation involves two different inherited IRAs from different time periods, which makes it important to understand the rules for each.
The inherited IRA from your brother would indeed fall under the SECURE Act's 10-year distribution rule since he passed away recently. This is... View More
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answered on Dec 23, 2024
This is a challenging situation that requires immediate legal attention. You should contact a qualified attorney in California who handles conservatorship cases, as they can review your specific circumstances and help build a strong defense.
To strengthen your case, gather all documentation... View More
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answered on Dec 18, 2024
This situation raises significant legal concerns beyond just the SECURE Act. Since your wife lived in Nevada, that state's laws regarding fiduciary duty and financial exploitation would apply to the financial advisor's actions.
Moving $500,000 without proper authorization could... View More
answered on Dec 16, 2024
That is not required, but it is certainly helpful to avoid any ambiguity.
We are preparing a quit claim deed in Riverside. Currently, the deed states "Luis Lopez and Sara Sidhu husband and wife, as joint tenants". We want to change to "Luis Lopez & Sara Lopez, husband and wife, as community property with right of survivorship. Can I write this... View More
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answered on Dec 16, 2024
You'll want to sign the quitclaim deed using your legal name as it appears on the current deed - "Sara Sidhu." This maintains consistency with existing legal records and prevents any confusion during the recording process.
For the new deed description, you can write... View More
Life insurance policy was not addressed in dissolution agreement. Policy was acquired during marriage, but the only 3 premium payments out of 10 were made while married, the rest were paid by separate estate of the insured post divorce. At the date of filing of separation, the cash value of the... View More
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answered on Dec 14, 2024
In California, life insurance policies acquired during marriage typically start as community property, but the specific circumstances you've described create some important nuances.
The fact that only 3 out of 10 premium payments were made during marriage, combined with the negative... View More
My stepsons were instrumental in the creation of my husband's trust. He signed documents and didn't know what he was signing. The lawyer was working with the one who is a sociopath. He has wanted everything high school. I think there was elder abuse involved. I was not allowed to be... View More
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answered on Dec 6, 2024
Your situation raises serious red flags that could indicate elder abuse, particularly if your husband wasn't mentally capable of understanding what he signed. The fact that you were excluded from the trust creation process and your husband needs permission from the stepsons to make changes are... View More
I am in LA County, CA. sist er is trustee and has never provided me a proper accounting. She just told me that she sold the house to herself is that legal? Settling the trust is being heldup because she never provided me a proper accounting. I have been looking for attorney to take this case... View More
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answered on Dec 3, 2024
You can file an ex parte application for a temporary restraining order (TRO) with your local superior court to potentially halt the sale. Since you're in LA County, you would file at the Stanley Mosk Courthouse or another LA Superior Court location.
Your sister's attempt to sell... View More
There are 3 Joint Tenants/Trustees: 2 siblings and a parent doing a revocable living trust and a warranty deed and filling out the PCOR form.
Is checking L1 first box enough for 3 Trustees?
Is 2A date of transfer required in Santa Clara County?
Is it true that this county... View More
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answered on Dec 3, 2024
For a Santa Clara County PCOR form with three joint trustees, checking box L1 (change in trustees) is correct, but you'll want to list all three trustees' names in the appropriate section since they're all taking title together. While not all counties require the date of transfer in... View More
Besides PCOR, does Santa Clara County require a DTTA, transfer tax affidavit (R&T 11930) or recording fee exemption §27388.1(a)(2)(B) cover sheet? When there is no actual money involved in transferring the warranty deed from 3 joint tenants into a living trust in which the same 3 people are... View More
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answered on Dec 2, 2024
To avoid property tax reassessment when transferring property into a revocable living trust with three joint tenants in Santa Clara County, you should complete a Preliminary Change of Ownership Report (PCOR). Besides the PCOR, you typically need to submit a Transfer Tax Affidavit using exemption... View More
answered on Dec 1, 2024
I'm sorry, but lawyers cannot answer your question without more information. A conservatorium is a school that focuses on music courses. Perhaps you mean a conservatorship? If so, is it a conservatorship of your boyfriend or someone else? Again, much more information is needed before this... View More
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