Get free answers to your Estate Planning legal questions from lawyers in your area.
March 5th of 2012 she placed me on temporary probate conservatorship on February 29th 2012 she did this by using a discharge summary from the Veterans Hospital dated in 2009 and the courthouse in Madera County California never met with my doctor or me or appointed legal counsel to me at all the... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023
It sounds like you are facing a complex legal situation involving your temporary probate conservatorship, your brother's forged signature, and your mother's actions regarding your father's will and trust. Given the complexity of these issues, it may be beneficial for you to seek the... View More
My request is to wire transfer via intermediary business American Express International account, who has an arrangement with my local bank outside of the USA to process all intl transfers for its bank customers.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023
Generally, a California trustee has the duty to manage and distribute trust assets in accordance with the terms of the trust and the beneficiaries' interests. If the trust instrument allows the trustee to make distributions to third parties, then the trustee may be able to transfer funds to a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2023
It's unclear what you mean by a "Cestui que trust account from the federal government." If you are referring to a trust account that was created for you by the government for a specific purpose, such as a settlement or award, it may be possible to hire an attorney to help you access... View More
If a person passes with a small estate of less then $50k, all creditors have been paid, but will have ongoing income less then $1,000 quarterly; is the executor required to open an estate account in order to distribute the income to the heirs in accordance with the will? Or would a separate... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023
It may depend on the laws of the state where the deceased person resided and the specific terms of the will. In general, an executor is responsible for managing and distributing the assets of the estate according to the terms of the will. If the will specifies that the income from music royalties... View More
My parents, and two siblings are now deceased. My siblings, each, had three children. Currently I use the Living Trust account for my checking, savings and Traditional IRA. The assets were not distributed after my parents passing. I have a California State University Northridge Scholarship... View More
answered on Apr 27, 2023
You can do whatever you want with your assets! But it sounds like you are keeping "your" assets in your parents' trust. That is not a good idea for three reasons: (1) Trusts pay higher taxes, so you could save money by having the successor trustee of your parents' trust... View More
My brother never moved out, never worked. I own my home and am a seasoned real estate broker 41 years. If he kills me, what happens to estate?
answered on Apr 27, 2023
First of all, you should consider getting a restraining order against your brother and make sure you have cameras and all other security you deem is necessary to keep yourself safe. That's very important! Once you're safe, you need to get a trust. The law in California is that anyone with... View More
after death of wife, my new attorney supposedly placed legal demand upon bank to protect & confirm trust with superior court.
Trust confirmation listed assets & case number for court confirmation, then all assets removed by cosigner & not reported missing at court... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2023
If your attorney's legal demand failed to protect your trust assets and the assets were removed without being reported missing at court, it may be possible to pursue legal action against your attorney for legal malpractice or breach of fiduciary duty.
Legal malpractice occurs when an... View More
In short, my brother is trying to screw me out of my inheritance, and will succed if i dont contest the trust. I don't have a lot of money, I need a lawyer or need to know what I need to do and what I am able to do without one. Or if it's even possible to anything without one. If... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2023
Contesting a trust can be a complicated and potentially costly process, and it's understandable that you may be concerned about finding affordable legal representation. While it may be possible to contest a trust without a lawyer, it is generally not advisable, as the legal system can be... View More
I finally received the death certificate and his sister had listed him as never married. It is incorrect because we had a full church wedding in 1967 and it is listed at Los Angeles County Recorder along with the divorce certificate. I have already missed the initial submission date to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023
If your ex-husband made you a beneficiary on a life insurance policy and you were not aware of it until hearing from the insurance company, it may be necessary to provide proof of your marital status and claim your benefits.
To address the issue of your marital status being listed... View More
I have had problems with my uncle and his breach of trustee duties. I have never been given the full amount that my grandparents told me before they died that they would. In fact the amount i believe that he had with held is staggering. How do i go about getting a copy of their will
answered on Apr 21, 2023
It sounds like your grandparents had assets that were valued at more than $184,500 (although that is a guess.) If that is the case, your uncle should have filed an action with the Probate Court in the county where your grandparents lived. (More accurately, the county in which the last grandparent... View More
want to see the original letter in Spanish and compare to what is written in the translation. The lawyers office said they cannot give me a copy of the spanish version. I do not trust the family member who had the lawyer create the document. Since my name on the document is one of the inheritors of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2023
As one of the inheritors of the family estate listed on the translated document, you may have a legal right to see the original letter in Spanish in order to verify the accuracy of the translation.
Under California law, individuals have the right to access and inspect documents related to... View More
remaining funds part of trust after death of wife, trust now has case no with superior court, then all funds removed by cosigner.
the lawyers legal demand failed to protect trust assets
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023
It is important to consult with an attorney for legal advice in this situation. Generally, if there is a trust in place, the trustee should have control over the assets and not a co-signer or other individual. If the remaining funds were part of the trust after the death of the wife, it may be... View More
it from the interest. This individual recently died from a hit and run car accident. I'm fairly certain that I was not listed as a beneficiary. He had told me he had no family. I have lots of messages stating that it's my money and I was just letting him use it. I know I'm stupid,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023
I'm sorry for your loss and the situation you find yourself in. Without a formal written agreement, it may be difficult to prove that the money was a loan and not a gift. However, your messages could serve as evidence that the money was not a gift and that you intended for it to be repaid.... View More
spouse / trustee still required to file the original will with the county court upon the death of one spouse?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2023
In general, if a married couple has wills and a living trust, and the living trust eliminates the need for probate, then the surviving spouse/trustee is not typically required to file the original will with the county court upon the death of one spouse. Instead, the living trust document will... View More
My grandfather's trust amendment states when my grandmother passed, therefore declaring him the surviving settlor. However, the date that is documented for her death is entirely incorrect. It is actually the date my mother passed, 2 years after my grandmothers actual death. Would that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2023
An amendment to a trust can be struck or invalidated for a variety of reasons, including fraud, duress, undue influence, mistake, lack of capacity, or a violation of the trust's terms or state law. In your case, if the date of your grandmother's death is incorrect in the trust amendment,... View More
He does not have a will but has assets under $100k (so we will be using an affidavit of small estate)
answered on Apr 14, 2023
The person named as the Executor in the Will can open a bank account in the name of the estate. Most likely, the bank will require the Executor to go back to the person or company that issued the check and make a new check payable to the estate of that person. Then, the executor can deposit the... View More
Decedent has four surviving family members -- two parents and two siblings. No spouse. Do all four need to be listed or can just one be listed?
answered on Apr 14, 2023
If there is a Will, then that document will control who has the authority to handle the deceased person's finances. Just because someone is related to the deceased person does not automatically give them legal authority to access or spend the deceased person's money. Banks are very... View More
answered on Apr 13, 2023
There are VERY STRICT privacy rules surrounding people's medical information and, unless your loved one signed a waiver of their right to privacy (also known as a HIPAA Waiver) that specifically includes your name as someone your loved one wanted to be able to access the medical records, there... View More
My friend's father had a valid trust naming his son as successor trustee & sole beneficiary. A prof fiduciary swooped in & was appointed as conservator, then immediately replaced the son with himself as succesor t'te on their trust which was created years ago. Is this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2023
In general, it is not ethical for a court-appointed conservator to appoint themselves as successor trustee on a valid irrevocable trust created years prior. This action can be seen as a conflict of interest and raises questions about the conservator's intentions and motivations.
As a... View More
House and I agreed, then I got sick almost died, came home highly medicated and she said I had to sign a paper making her my beneficiary in case I died for my kids future but instead it made her executer of my estate and is one court date away from taking my house. I paid 10,000 for a lawyer but... View More
answered on Apr 13, 2023
DO NOT MISS the court appearance no matter what you do. If you do not appear at the hearing, you will automatically lose by default, which will create more problems for you to overcome. If your signature was not notarized (meaning a notary actually watched you sign the document) then it likely... 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.
