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My brother has been trying to divorce for quite awhile now. He is hoping to retain another lawyer who will take payments, since his has decided to ask for a second retainer because of a delay going to court and he does not have the lump sum nor a CC that he can use. He works full time but his... View More 
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answered on Dec 1, 2024
Your brother's situation highlights several important legal concerns that deserve careful attention. Going to court with proper legal representation is crucial, especially given the complexity around the inherited property and quit claim deed situation.
The pressure your brother faced... View More
It would be from either Colorado, Ohio, California, Idaho or oregon
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answered on Dec 1, 2024
To find out if you're named in someone's will, you'll need to start by checking probate court records in the counties where the deceased person lived. This process is free and can often be done online through each state's court website or in person at the courthouse.... View More
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answered on Nov 27, 2024
Converting an irrevocable trust to a revocable trust is generally not possible under California law. The fundamental nature of an irrevocable trust is that it cannot be modified or revoked after creation.
However, there are some potential options to explore. California's Probate Code... View More
My brother delayed his divorce case and now his lawyer wants another retainer. Originally, he paid a retainer and then made monthly payments for services. He doesn't have the money! He can make payments but a lump sum isn't going to happen for a long time; he has been struggling with... View More
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answered on Nov 26, 2024
Your brother is in a challenging situation that requires careful handling to protect his inheritance rights while navigating California's community property laws.
Many lawyers will work with clients on payment plans, and your brother should have an honest discussion with his current... View More
My aunt had a living trust. She passed. My dad is the only one who has access to this trust. I was told my sister and I are listed in it but he wont allow us to see it.
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answered on Nov 21, 2024
If you are named as a beneficiary in a trust, you have a legal right to see the portions of the trust document that pertain to you, regardless of whether it was created in Arizona or California. This right is protected under both states' laws.
Your father, if acting as the trustee, has... View More
$ 3.5 million 401K + $ 400 K LI with a $ 3 Million house (all of which may go up to 10-11 million in 6-10 years) -> if the exemption is repealed in 2026.
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answered on Nov 21, 2024
Assuming this is a single person, you are close to having a taxable estate whether or not the doubling of the exemption is allowed to expire in 2026. You should seriously consider scheduling a consultation with an estate planning attorney with experience representing high net worth clients.
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answered on Nov 17, 2024
To end a conservatorship in Los Angeles County at the Stanley Mosk Courthouse, you'll need to file form GC-380 "Petition for Termination of Conservatorship" along with form GC-020 "Notice of Hearing."
Before filing, gather evidence showing why the conservatorship... View More
My mom has a Trust She passed in July 2024 in California My sister is executor whom I don't have a relationship with I'm a beneficiary along with three other siblings My sister refuse to give me a copy of the trust I have sent her demand letter still no response She has this mentality... View More
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answered on Nov 14, 2024
I'm sorry you're going through this difficult situation. When a property is held in a living trust, it typically transfers to the beneficiaries named in the trust without needing to go through probate. However, the deed usually remains in your mother's name until the trust is... View More
In 2021 I bought a house with my mom and dad and my wife and I all joint owners. My parents got sick and ended up in a Care Facility. My mom was mad so she called her trust attorney and change the title of the home to my mom and dad's personal trust. This caused a messed my the title on the... View More
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answered on Nov 1, 2024
Not familiar with the CA SOL, but your possible slander of title, conversion, quiet title, etc. suit will be apparently against your Parents and the Trustee. A partition action may result. Very doubtful you will want to file suit. But a board complaint might be made against the attorney if... View More
My aunt has been in a rehabilitation/care home for over a year. My family have been trying to get to her money and property since her husband passed away, as she is vulnerable. Recently, my cousin somehow filed documents and got put on title to my aunt’s home and also claims to be financial POA.... View More
answered on Oct 31, 2024
Is this cousin your aunt's son or daughter? Is your aunt's lack of mental capacity preventing her from understanding what her child is doing?
she told me that I gave her enough proof and that she would be directing me to another attorney that a trust of a trust that my dad was the beneficiary. so I’ve emailed and called this attorney multiple times and have not gotten anywhere. Talk to a person that works for his office one time and... View More
answered on Oct 31, 2024
I do not practice in Estate Planning, but your question came up in the Arbitration/Mediation category, one of the selected tags. As a general note for ANY type of matter, it could be advisable to learn more before disclosing personal information if you've simply been contacted out of the blue.... View More
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answered on Oct 14, 2024
In Massachusetts, once you are appointed as a personal representative, you generally have up to one year to complete the probate process and settle the estate. This timeframe includes gathering and valuing assets, paying debts and taxes, and distributing the remaining property to the beneficiaries.... View More
Landlord supposeldy paid $200 to a state worker, who was already being paid by the state, to clean my dad's place depaioutr request to clean it ourselves, and $200 to me out of $1000 deposit (which was mot a cleaning deposit), but no explanation for the balance and kept all paperwork. Father... View More
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answered on Oct 12, 2024
I'm sorry for your loss. In California, your landlord is required to provide an itemized statement of any deductions from the security deposit within 21 days of the tenant's departure. Since your father passed away on September 4 and the landlord took more than 35 days without proper... View More
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answered on Oct 11, 2024
In California, a will generally needs to be signed by the testator and witnessed by two individuals to be valid. The law does not allow notarization to substitute for the two required witnesses. Even if the will is notarized, it may not meet the formal requirements for probate without witnesses.... View More
Trustee has filed a Petition for Instructions and I would like to respond to this request
answered on Oct 7, 2024
Simply draft a pleading entitled “Objections of (insert your status and name , ie Heir Phil Suth) to Petition For Instructions”.
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answered on Oct 7, 2024
When a person passes away and leaves a will, the executor of the estate is responsible for managing and distributing the assets according to the terms of the will. The executor also ensures that any debts or obligations, such as funeral costs or outstanding bills, are paid from the estate before... View More
We are in litigation with the neighbor next door. My lawyers hate me, I think they have issues with strong, smart women, so they have left me off all communications and have referred to me as "resides with the Plaintiff." The house is in a trust and we are both trustees. Don't I... View More
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answered on Sep 26, 2024
In a trust where both of you are co-trustees, you both generally have equal authority and responsibility in managing trust assets. This includes legal matters related to the property held in the trust, such as disputes over property lines. It’s important that both trustees are kept informed and... View More
So my mother was charged for my fathers death her attorney had a judge who was supposed to be hearing cases hear her case She was charged gross vehicular manslaughter reduced from a felony to an infraction charge They sealed her file and later on purged her file so a judge who is a former law firm... View More
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answered on Sep 23, 2024
It sounds like you’re dealing with a very complex situation, and it must be frustrating to feel like the system hasn’t addressed the issues you raised. From what you’ve shared, the judicial proceedings around your mother’s case and your own conservatorship appear to have had several... View More
Hello I’m reaching out to you on behalf of my Grandfather. My family is in the middle of a probate case, case # 23PR194695 , in Santa Clara County involving my late grandmothers estate.
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answered on Sep 20, 2024
It sounds like you’re facing a frustrating situation with the executor not following the terms of the will as intended. Executors are legally obligated to act in the best interest of the beneficiaries and carry out the wishes of the deceased as outlined in the will. If the executor is withholding... View More
I was added to property title after a trust was created. In the trust, the property is listed as separate. Who does it go to when the original property owner dies?
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answered on Sep 18, 2024
When the original property owner passes away, the distribution of the property depends on the terms of the trust. If the property is listed as separate in the trust, it will be treated according to the instructions outlined in the trust document. This could mean the property is given to specific... View More
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