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A Medi-Cal recipient passed away a few years ago, and notice was never given to DHCS. What are the consequences of missing the 90 day deadline? The recipient was survived by their spouse, who just passed away recently and was also a Medi-Cal recipient. The estates aren't being probated. How... View More 
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answered on Sep 18, 2024
If the notice of death for Medi-Cal Estate Recovery wasn’t provided within 90 days, the Department of Health Care Services (DHCS) may still pursue recovery from the estate, but there is no immediate penalty for the missed deadline. However, it’s important to notify DHCS as soon as possible to... View More
lives month to month from Social Security. Also, she owns her home but has a 2nd mortagage and
Equity line of credit on it. She wants to put her home up for
sale. However. she is concerned she may pass away before it sells.
What kind of trust does she need and that... View More
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answered on Sep 16, 2024
To protect your mother's home in case she passes away before it sells, she may want to consider setting up a revocable living trust. This type of trust allows her to retain control over her assets while she's alive and provides a way to transfer the property smoothly without going through... View More
the bike moved off-site. I have the pink slip. One of the roommates wants the pink slip, she is good friends with whom the bike is stored at. She states she is trying to sell the bike, but I'm saying, until the buyer is at this house with cash in hand I'm not handing over the pink slip.... View More
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answered on Sep 12, 2024
It sounds like you're in a tricky situation, but you’re on the right track by being cautious about handing over the pink slip before ensuring the bike is properly sold and the proceeds go to the mother. The pink slip represents ownership, so holding onto it until the sale is finalized... View More
I am unsure or unaware of the specifics as my ex-husband took care of most of the financial details. He is also deceased and I am left in the dark on this. How do I go about accessing his account?
answered on Oct 2, 2024
To addd to the prior answer, further information can be found on the TreasuryDirect website - https://www.treasurydirect.gov/savings-bonds/manage-bonds/death-of-owner/
Good luck, and sorry for your loss.
My parents borrowed money from my grandparents in 1987 they had it all paid back plus 3 years of interest by 1994. They have the original promissory note and the bank account info where the money went and a signed receipt from my grandmother with a sister signing as a witness that the loan has been... View More
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answered on Sep 8, 2024
Your mom may have a case based on the evidence she has, especially if she can prove the loan was fully repaid and that the promissory note being used is a fake. The signed receipt from your grandmother and the witness could be strong pieces of evidence. Fraudulent documents used in estate planning,... View More
The property is currently owned by opposing party whom I've claimed got the property improperly and presented a fraudulent will through Discovery I have more than enough beyond the preponderance of evidence to prove my case. We are about to go in trial. Whether or not the ownership of property... View More
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answered on Sep 8, 2024
As the administrator of your sister’s estate, your primary duty is to manage and preserve the estate's assets for the benefit of all heirs and creditors. However, since ownership of the property is currently in dispute and is claimed by the opposing party, collecting rent from it could be... View More
Friends with. Sold Aug 14 for $357,000 2024.Then sold again on Aug 14 ,2024 for $455,000.That was my $98,000.Then he fraudulently made someone my guardian. When I have a certificate of competency. So I couldn't go after her. For selling my ATV. Mal practice?
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answered on Sep 5, 2024
It sounds like you might be dealing with a serious situation involving potential misconduct by your attorney. If your attorney represented you in a probate case and then arranged the sale of your property under questionable circumstances, this could be a conflict of interest or even fraud,... View More
Lawyer said 1 day i will get a check in the mail for that amount its been several months there is a house involved and also 450 thousand dollars when should i stop waiting for the distribution
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answered on Sep 4, 2024
I would hire a CA attorney to check out the probate case and the property's title. Then you might have some idea of whether to expect a large bequest.
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answered on Sep 3, 2024
A trustee generally has a fiduciary duty to act in the best interest of the beneficiaries and follow the terms outlined in the trust. If the trust document specifies that a drug test is required for beneficiaries to receive distributions, the trustee may have the authority to request such a test.... View More
I am the daughter and Trustee for my father who is incapacitated. The funds in his Trust Account are running low. I need to pay for his home repair, accountant and other expenses needed from his HOA. I am wondering if I could take out a collateral loan against the home which is in the Trust, a line... View More
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answered on Sep 3, 2024
You can explore taking out a loan or line of credit against the home, as long as the trust document allows for it. Since you are the trustee, you have the authority to manage the trust’s assets, and if the trust permits loans, you should be able to use the property as collateral. However,... View More
I am a legal resident of California
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answered on Aug 24, 2024
Yes, you can name someone as both your agent in your health care directive and as a beneficiary in your will in California. There's no law that prevents you from doing so. It's quite common for people to choose trusted family members or close friends for both roles.
However,... View More
Elderly, 80 yr old, very low income, cannot afford an attorney
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answered on Aug 21, 2024
In San Diego, there are several free legal aid services that can assist with writing a simple will. Organizations like Legal Aid Society of San Diego provide help to low-income individuals, including seniors. They often offer services on matters like wills, probate, and estate planning.
You... View More
Bank states I can claim my sisters account. I was suppose to be beneficiary-sister stated I was -but my name not on bank forms. Do we need to go to next of heir? Is that her/my mom? She is 97 years old doesn’t care for herself.
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answered on Aug 17, 2024
If your sister passed away without listing a beneficiary on her bank account, you may still be able to claim the funds through a Small Estate Affidavit. This process is available in California if the total value of the estate is under $184,500 and there is no will or trust. However, since your name... View More
Does she have any right to the home upon death. She does not pay rent, my husband and I will be moving into the home after that. Parents are still alive.
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answered on Aug 16, 2024
In California, the rights to a home after your parents' death will depend on the specific terms of their estate planning documents, such as their will or trust. If they have legally specified that the home will be transferred to you, then you would have the legal right to the property. Your... View More
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answered on Aug 15, 2024
If you are dealing with an inheritance dispute in California and need low-cost legal advice, start by gathering all relevant documents, such as the will, trust, and any estate planning paperwork. Understanding the key details of the inheritance can help clarify your rights and the steps you need to... View More
However, she is concerned she may pass away before it sells. She has asked if I would help her make a Will or Trust. She has 2 loans on the property. I would appreciate any advice on which one would be best for her situation. She lives in California. Thank you
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answered on Aug 15, 2024
To help your mother decide between a Will and a Trust, it’s important to consider her specific needs and goals. In California, a Trust can be a better option for managing a home with outstanding loans, as it can help avoid probate and allow you to manage the property on her behalf if she becomes... View More
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answered on Aug 14, 2024
Do you want the property to be in a Trust or not? If not, you might need to file a Declaratory Judgment Action to determine Trust corpus. Otherwise the Trust can be amended to include the home.
And allow children to inherit property tax basis. Parent currently lives in family home but may need to move depending on health
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answered on Aug 13, 2024
Under California's Proposition 19, for your children to inherit the property tax basis, the family home must be your primary residence at the time of transfer. If you move into assisted living, you might no longer qualify the family home as your primary residence, which could affect your... View More
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answered on Aug 12, 2024
In California, using a trust is generally more effective at avoiding probate than a will. A will goes through the probate process, which can be time-consuming, costly, and public. In contrast, assets placed in a living trust bypass probate, allowing for a quicker and more private transfer to your... View More
1) If the Title is held jointly by our daughter’s Trust and our Family Trust (my wife and I are Trustees) can we avoid reassessment when our ownership interest passes to her Trust upon our death? Do we need to set up a revocable Trust now for our ownership to pass to her upon our death?... View More
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answered on Aug 12, 2024
When helping your daughter purchase a house in California, holding the title jointly between her Trust and your Family Trust can potentially help avoid reassessment when your ownership interest passes to her Trust upon your death. However, setting up a revocable Trust now could simplify this... View More
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