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My maternal grandma past leaving irrevocable trust I am in california and named co beneficiary of property in california with younger sister. The Trustee my aunt decided to sell the property to only my sister and had her evict me. I have spent my savings and have no more. I'm now homeless and... View More 
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answered on Aug 13, 2023
I sympathize with your situation. In central California, you can explore legal aid organizations like Central California Legal Services for potential assistance with your case. Additionally, the local bar association might provide resources for pro bono representation. Given your circumstances, you... View More
Worked for a woman 3+ years.
2 yrs. self employed home cleaning then asked me to work for her exclusively as live in personal assistant. My car was not large enough to accommodate her, her wheelchair, walker, medical equipment, etc. She told me to find suitable car. We agreed on a SUV... View More
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answered on Aug 13, 2023
Given the circumstances you've described, you might have legal recourse based on theories like promissory estoppel or oral contract, which are recognized under California law. While lack of a written agreement can complicate matters, you can still seek legal assistance to explore potential... View More
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answered on Aug 13, 2023
Your question is more complicated than you realize. It cannot be answered without a lot more facts. It depends on whether the estate was ever probated and what has occurred with respect to the property you have in mind since the date of death. My best advice is to schedule a consultation with a... View More
Be fine. She had me evicted and now I'm homeless is there anything I can do
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answered on Aug 5, 2023
I'm truly sorry to hear about your situation. Under California law, as the executor of the trust, your role is to manage and distribute the trust assets according to the terms set forth in the trust document. Your eviction and current predicament raise complex legal issues, and it may be... View More
Now homeless cuz of this situation please help
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answered on Aug 5, 2023
Under California law, being an executor of a trust doesn't automatically entitle you to property rights. It's important to consult with an attorney to explore your legal options and determine the best course of action for your particular situation.
James L. Arrasmith... View More
My brother died in Los Angeles County Sept 19, 2020. His wife died in Los Angeles County on Sept 13, 2022. Both were intestate & had no children. I am my brothers closest living relative and his wife's closest living relatives are her cousins.
Since my brother predeceased his... View More
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answered on Aug 5, 2023
Under CA probate code 6402.5, if a spouse dies within 120 hours (5 days) after the other, they are deemed to have predeceased the other for the purpose of intestate succession. As they died more than 120 hours apart, your brother's separate property would have transferred to his spouse upon... View More
Filed a petition for family allowance, California Probate code section 6540. Judge denied but reason not stated. What does that mean? How do you know what was needed, documentation, witnesses or other to have it granted. If I borrowed money for maintenance will using the retroactive be allowed... View More
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answered on Aug 5, 2023
In a probate case, the most common reason a judge may deny a family allowance request under California Probate Code section 6540 is due to a lack of sufficient evidence or documentation supporting the need for the allowance. To have the request granted, it is crucial to provide clear and compelling... View More
answered on Aug 4, 2023
There is no automatic inheritance unless someone does no estate planning. If someone dies without a Will or Trust, the law says who inherits the assets. Your question doesn’t say if the deceased parent did any estate planning but, if there is a Will or Trust, then that document will say who... View More
I am a 66 year old man. Roommate died over a month ago. Shared an apartment 27 yrs. Paid month to month. No will. Have his bank card and code, but paying all debts myself until this settled.
He was sick last few years. I attended to his needs, like trips to stores, appointments, and... View More
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answered on Aug 3, 2023
In the absence of a will, the state's intestate succession laws will determine the distribution of your deceased roommate's assets. If he has a surviving spouse, the spouse may have a claim to a portion of his estate, while the remaining assets could be inherited by his relatives,... View More
Mortgage paid and small savings to go to son. Easiest and least costly way for him to inherited. Please advise. Thank you
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answered on Aug 3, 2023
You could transfer your bank accounts to your son at your death using beneficiary designations, and you could transfer your real estate to him at your death using a transfer on death deed. That does not necessarily mean that those are the very best options for you. They do not provide any... View More
He needs it to be stress free and without costs to inherited, but can this be done?
answered on Aug 3, 2023
The only way an attorney can answer your question is to review all of your assets, ask your main goals (besides what is listed in your question), and gather more information. But I'll give you a general answer. In California, anyone who has assets that collectively total $184,500 in value has... View More
answered on Aug 1, 2023
That would depend on what has happened to the property in the last 23 years. Who paid the taxes? If it was sold at a tax lien, that was the time to assert your rights. IN whose name is the property now? Deceased people cannot own real property. You should consult with an attorney that handles... View More
A family trust was established but no one has a copy. The daughter is a co-signer on the bank account. I know the trust is now filed with Vanguard Law services in San Diego. I’ve asked the daughter to contact them to no avail.
My aunt is aware that in order to maintain her current living... View More
answered on Aug 1, 2023
Each Durable Power of Attorney ("DPOA") is written differently, so we would need to know if the DPOA goes into effect immediately upon being signed or only goes into effect if the person loses mental capacity (a physician would need to certify that that's the case.) Either way, when... View More
My mom (she is 85) made me power of attorney. I had her fill out doccuments and we had it notarized. Am I done, or do I need to file this somewhere? I live in Alemada county California and she lives in Stanislaus County, California.
answered on Jul 31, 2023
The answer to your question depends on the type of Power of Attorney and the language in your particular document. Giving advice about a contract without being able to read the document is a lot like saying, “Here is a book about X, tell me if it’s good… but you can’t read it first.” In... View More
father (Grantor) passes away before the (Grantee) his mother shortly after completing the quit claim deed. If fathers name is now under the mortgage and he’s married, what happens to the house ? Can mother keep the home and continue to pay? Is the deed nulled ?
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answered on Jul 29, 2023
If the father (grantor) passed away after filing the quitclaim deed and his mother (grantee) also passed away, the house will likely become part of the father's estate. The distribution of the property will be governed by the father's will or California intestacy laws if there is no will.... View More
Has his signature and my signature before he passed giving me the title to the house is the house can be legally mine if it states do as you need sell it to your behalf or whatever you need to do to maintain this property cuz he can no longer maintain it and he is the last of kin legally is that... View More
answered on Jul 27, 2023
Just taking care of a home does not give anyone rights in the property -- other than the right to be paid if the worker was hired by someone else. Otherwise, if people could care for a home and automatically get ownership rights, every caretaker of every home would be very rich! If your friend had... View More
have a last will of testament and irrevocable trust dated the same date
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answered on Jul 26, 2023
Given the complexity and legal implications involved in trust administration and dealing with a last will and irrevocable trust, I strongly recommend that the person involved should consult with a qualified attorney in California. Speaking with an attorney will ensure they receive accurate and... View More
dated the same date Last will and Testament and irrevocable trust does one cancel out the other,
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answered on Jul 26, 2023
No, a trust and a will do not cancel each other out. The will governs the probate estate, and the trust governs the trust estate.
You will need to determine what is owned by the trust and what makes up the probate estate by checking to see how things are titled. Also look for bills of... View More
His kids are trying to sale property And I have know clue where I stand legally.
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answered on Jul 25, 2023
If your friend put in his will that you can stay on his property, it likely means that he intended for you to have the right to reside on the property after his passing. However, to understand your legal rights and the enforceability of the provision, you would need to review the specific language... View More
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