Get free answers to your Estate Planning legal questions from lawyers in your area.
My son, who was 34, died. My brother knew where I was but did not contact me instead He contacted my ex, who walked out on us when my son was nine months old due to drug addiction and gave my brother custody or next of kin to claim his body. Once he got the rights he cremated my son but is now... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023
I'm sorry for your loss and the difficult situation you are facing. In California, the right to control the disposition of a deceased person's remains generally falls to the deceased person's next of kin. If you are the biological parent of your son, you may have the right to claim... View More
Looking for the best way to structure a Holding company LLC is i currently reside in Virginia for the moment but also have property in CA, but in the future want to open different LLC subsidiaries.
answered on Jul 18, 2023
The answer to your question really depends on your goals. If you want a number of subsidiaries, you may want to form an S Corporation. But most people who set up an entity for the sole purpose of holding real estate will use an LLC. You should contact a California lawyer and give them more... View More
California will states "I give all my probate estate, excluding any property over which I have a power of appointment, after expenses and taxes are paid under this Will, to the then-acting trustee of the John Doe Living Trust and executed before this Will, to be added to the property of that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023
A power of appointment is a power to designate beneficiaries for assets owned by someone else. Often it must be exercised within the power holder's own will, but not always. If the will does not mention the exercise of a power of appointment, then chances are it does not exist or if it did... View More
I am an heir to my fathers probate, no will. I have two blood sisters that are also heirs. My father remarried and the new wife had quite a few kids. There are two other people listed on my fathers probate as “adopted children”. My father never told me he adopted these two people. My question... View More
answered on Jul 16, 2023
The first thing you may want to try is going to the courthouse in the County where your father and his wife lived, and search the case files on the court’s database to see if there is an adoption case in your step-siblings’ names. Some courts’ records are online and others have an app, so you... View More
Looking up probate attorneys, I'm not finding many that fight against an obvious breach of fiduciary duty. Is there a specialized area that I need to search?
answered on Jul 14, 2023
There is a subset of probate/trust attorneys that take on litigated matters. If the probate attorneys you are contacting do not litigate, many will be able to refer you to someone who does. Whether an attorney will take your matter on a contingency basis is another story. Many more will be... View More
What do I need to do first I'm at a loss
I'm reg ,to do business w the state but I'm completely lost
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023
I'm sorry for your loss. As the designated Power of Attorney (POA) for your sister's financial affairs, it is important to follow certain steps. First, gather all relevant documents, such as her will, trust, and financial records. Contact her attorney, if she had one, to seek guidance on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023
Your question cannot be answered without knowing the age of the child and whether the deceased mother had a will or died without a will. Maybe repost your question with that additional information.
What happens if the original copy of the will is not found and does that mean my share of inheritance is lost and do I have power over my share even if the court does not approve the will. My family all my uncles are trying to transfer everything to my grandmothers name so do I still have power to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2023
if the original copy of a will is lost or cannot be located, it may be possible to establish the validity of the will through other means, such as presenting a copy of the will or offering evidence of its contents. The court will consider various factors, including the credibility of the evidence... View More
I made my own living Trust in Feb, 2019. My cash in the bank account has been earned 10 yrs before marriage. I married in Oct, 2018 and separate in divorce proceeding since Feb-2023. I am buying home in Escrow. As far as my understanding, my Trust has been void since divorce was filed. Excrow... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023
In a situation where you have a living trust and are going through divorce proceedings, it's important to consult with family law and real estate attorney for guidance as each situation is so unique. They can provide advice tailored to your specific circumstances regarding closing escrow on a... View More
In mother’s trust she stated “any family member who does not have a home may live in the house.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023
If your brother obtained a restraining order against you while you were living with your mother, it's important to seek legal advice from a qualified attorney. Although your mother's trust may state that family members without a home can live in the house, a restraining order can take... View More
I granted the property to a 3rd party trustee on behalf of the lender.
answered on Jul 5, 2023
There is a difference between a Deed of Trust and a Trust Deed. A Deed of Trust is a mortgage. You must have taken out a loan on the property. People can put into a Trust (as opposed to a Will) properties with mortgages. If it were otherwise, the overwhelming majority of real estate wouldn’t be... View More
Trustee has never acted as Trustee-only when Financial gains were involved. Alot of items in the Trust are missing which is worth a lot of money.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2023
Acting as a trustee and obtaining a reverse mortgage against a court order could potentially be considered a violation of the court's order, which may have legal consequences. If you believe the trust is fraudulent and the trustee has not fulfilled their duties, it's important to consult... View More
answered on Jun 29, 2023
Yes, but you will be forced to go through the Probate Court process which, depending on what county you are in, could last between one to four years, I'm sorry to say. That's one reason why estate planning is so important! I always tell people that they need to plan NOT for themselves,... View More
answered on Jun 26, 2023
It depends on whether the stock is in a retirement account or non-retirement account. [They are taxed differently.] If the stock is a retirement (qualified) asset, the title should not be put in the name of the trust, but the trust can be a back up beneficiary in most circumstances. If the stock... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2023
In the event of your mother's passing, the estate would typically be responsible for managing her affairs, including addressing outstanding obligations. When responding to an eviction notice on behalf of the estate, it's crucial to carefully review the notice and consult with an attorney... View More
My dad's trust consists of his life insurance "which may name the TRUSTEE OF THE XX XX Trust dated 10/2019 as primary beneficiary", and his will states that a number of family members are to be recipients of this trust. His life insurance policy, dated 10/2022, lists only my brother... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2023
You and your brother are listed as beneficiaries on your father's life insurance policy. If there are no other assets in the trust, the insurance proceeds may not go into the trust. Your obligations as a trustee depend on the specific terms of the trust document, which should be reviewed with... View More
At hearing set stage and I am lost. I am a abused beneficiary by my aunt- trustee and sister-co beneficiary concerning a duplex in california. By a irrevocable living trust
answered on Jun 24, 2023
The court's self-help-library is extensive, but legal advice prohibited. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves disappointed or even irate because they weren’t properly prepared. A... View More
How does a named trustee formally decline being a trustee on a trust?
answered on Jun 23, 2023
The are templates available online ($). I have not read them and I certainly can't recommend one. If you haven't accepted the nomination by execution or act, you have rejected it. I understand wanting the solace of providing written notice of your declining the appointment. It should be... View More
My name is John A. Doe and the trustor in the trust gave the home to John E. Doe. Can I simply take title to the home or what needs to be done to correct the trust error? Would I have to go to court to resolve this?
answered on Jun 23, 2023
The deed should be corrected. The process is called Scrivener's Affidavit. You need to draft and notarize an affidavit and record it with the county recorder's office. You will also need to complete and submit a Preliminary Change of Ownership Report (it's a form). You will also... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2023
Changing a will multiple times is not necessarily a red flag in and of itself, as people's circumstances and wishes can change over time. However, changing a will 22 times may raise questions about the person's decision-making process and whether they were of sound mind and fully aware of... 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.
