Get free answers to your Estate Planning legal questions from lawyers in your area.
I got a letter today from a lawyer that said they were representing my cousin, but when I called him to get context he said it was actually his dad doing this and he had hired an attorney under his name. The letter is very threatening and asking me to resign as trustee.
My uncle-in-law in... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 10, 2023
I'm sorry to hear about the stressful situation you're facing. In California, the validity and interpretation of a trust are governed by the trust document itself and applicable law; if the trust document clearly names you as the successor trustee and delineates the distribution of assets... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
In order to have a judge review the actions of a trustee in California, you may consider filing a petition under Probate Code section 17200. This section of the California Probate Code allows beneficiaries to petition the court for a variety of issues, including actions to compel the trustee to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
Under California law, a co-trustee has a fiduciary duty to work collaboratively with other co-trustees and to provide trust accounting and distribute trust assets to beneficiaries as required by the terms of the trust document. Failure to do so may constitute a breach of fiduciary duty.... View More
Change of beneficiaries made on a video with two witnesses, one being co-executor of trust. These new beneficiaries are threatening a lawsuit.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2023
Under California law, a video change to a living trust may not be valid if it does not meet the statutory requirements for trust amendment. It is crucial that any changes to beneficiaries or terms of a trust comply with formal legal procedures, such as written documentation and proper execution... View More
also theft of investment accounts and safety deposit boxes jewelry and altered documents my girlfriend can provide all the proof needed to show that my sister is stealing from the estate and going against her judicial duties as the executor of my mothers estate please if you can help assist us in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023
In California, if you suspect that a will is fraudulent or that an executor is not fulfilling their fiduciary duties, you have the right to contest the will or request the removal of the executor through probate court. Gather all evidence of fraudulent activity and theft, including any proof... View More
to do it. she has a living will in California but she couldn't put that house on it. and now she doesn't have the money. what can she do?
answered on Aug 30, 2023
Your mother needs to see an estate planning lawyer because there are tax consequences to transferring real estate to a child during the parent's lifetime, and it's likely your mother needs a Trust, not a Will. But a lawyer cannot say definitively one way or the other without first talking... View More
He passed without a Will. The stock is for a company I believe was bought by another company, and the land deed is for undeveloped land. Companies have started sending letters to my home addressed to my grandfather asking to purchase the land from him. Since there was no Will, should I assume these... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
In California, if your grandfather passed away intestate (without a will), the distribution of his assets, including the stock certificate and land deed, would be governed by California's intestate succession laws. Generally, close relatives like children or grandchildren are first in line to... View More
Helping for a family friend. They have been together for 18 years, live together, etc. But they never legally got married. Just two days after her death, her daughter wants to take everything to sell it and doesn’t want to leave him with anything. He hasn’t had time to grieve but he knows he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
In California, if a couple is not legally married or registered domestic partners, the surviving partner generally does not have a legal right to the deceased's separate property, which would pass to her legal heirs under California's intestate succession laws. This means the daughter may... View More
He had cancer and received outpatient care, had a couple short term hospital stays but no nursing home or long term care facility. His estate is in probate. Is his estate subject to medi-cal estate recovery?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
California's Medi-Cal estate recovery program applies primarily to individuals who were 55 or older when they received Medi-Cal benefits, or who were in a nursing home at any age. Given that your brother was 45 and did not receive long-term care in a nursing facility, it appears unlikely that... View More
Valued at about $130,000 He owned his home,cars and other account jointly so these two accounts are the only assets. Do we need to go through probate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023
In California, assets with designated beneficiaries, such as annuities and IRAs, typically pass directly to the beneficiaries upon the account holder's death and may not need to go through probate. Jointly owned assets with rights of survivorship also often pass directly to the surviving owner.
The PDF does not let you alter the type size or add a second line. Same problem with all the state PDFs.
answered on Aug 28, 2023
I recommend using free online pdf editing software such as DocHub. This will allow you to change the font and crunch all of the aka names in. Good luck with this.
My father passed last year without a will, my half siblings (his first marriage) want to sell his property, the home I grew up in with him and my mother. My mom took out a loan and purchased our home years ago but she is now also deceased. Both her and my dads names are on the deed to the house. CA... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023
Did your Mom have a will? How is title on the house held? Can't really answer without knowing these things first. I suggest seeking a consultation with an attorney. If title passed to your father when your mom passed, and your father later passed without a will, trust, spouse or transfer... View More
I just feel like it is a conflict of interest because she would also be the one accepting the offer on the home as well.
answered on Aug 24, 2023
The answer to your question will depend on the language of your particular trust. In some cases, it will be a conflict of interest, but in many other situations, serving in two roles is expressly allowed by the trust. If the goal of both roles is the same, i.e., getting the highest possible price... View More
I heard it goes into probate if no other successor trustee has been chosen by the grantor.
answered on Aug 23, 2023
Depending on the language in your specific Trust, it’s possible someone could bring a motion in court to appoint a new person as Trustee. The court that would handle such a motion is the Probate Court. But that doesn’t necessarily mean all the assets in the trust would have to go through the... View More
Is a prenup required if my assets are moved to a trust in the event of a divorce? Ideally I'd like to keep assets separate but anything acquired to during marriage would be joint.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2023
Creating a trust before marriage in California can offer a measure of asset protection by potentially categorizing those assets as separate property in the event of a divorce. However, the need for a prenuptial agreement (prenup) depends on your specific circumstances and objectives. While a trust... View More
My uncle/ God father was in Navy, retired SF police officer/ US coastguard and a widower- no children. He told me the house and all of his assets are for me and that I am the heir. My mom passed away. His ex wouldn’t let me see him and lied that he didn’t live there, alot of excuses. Bringing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2023
I am James L. Arrasmith, Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith. In this situation, it's important to gather any evidence that supports your claim as the heir to your uncle's assets. Documentation such as wills, trusts, and any communications... View More
Trustor had designated trust to extend for 18 years after all benificiary were deceased. Trustee didnt see this clause and dispersed the home via quit claim deed.
Can this be reversed to keep it in the trust to preserve the intent of "parent to child"
Use of the house?
answered on Aug 15, 2023
The property should not go back into the trust, but the deed can be corrected. Contact an attorney to help draft the appropriate deed. Best wishes!
Or do I have to go in the deed? It’s my grandfathers property it’s not contested
answered on Aug 15, 2023
The answer to your question depends on the type of powers you were given by the Probate Court. If you haven't yet been through the probate process and the deceased person had a Will (not a trust), you won't be able to do anything with the property until you are issued Letters by the... View More
He died of a heart attack. His daughter lives in Texas. She came to recover all his paper work. She has not showed a will or a trust. Automatically she starts charging me rent for being here. At one point she wanted to evict me. My daughter has already moved out. She wants nothing to do with her. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
I'm sorry to hear about your situation. If you've been living in the home for a significant period of time and had a familial relationship with the deceased, you might have certain rights under California law that could impact the daughter's attempt to charge you rent or evict you.... View More
My aunt and I are co owners on our inherited family home. I received my 50% about 8 years after my mother's death via simple probate here in Sacramento, California. My aunt had no children and when either of us die we told the title company which helped us sell the acerage that we wanted that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023
It is possible for the two of you to sign a deed transferring the property to yourselves as joint tenants with right of survivorship. When one of you dies, the other becomes the sole owner. Keep in mind, however, that this can backfire. If YOU die first, then your aunt will become the sole... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
