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answered on Apr 11, 2023
In the event of a loved one's passing, managing the deceased's financial affairs can be a daunting task. If your Aunt has named her Estate as the beneficiary of her life insurance policy, you may be wondering how to collect the proceeds and ensure that they are distributed according to... View More 
I do live out of state and would want to take my son with me. Would I need to file for custody? Would I be allowed to leave state with son, without additional judgment?
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answered on Apr 11, 2023
If guardianship is terminated, the judge may need to make a decision regarding custody if there is no agreement between the parents. In this case, the judge will consider the best interests of the child when making a custody determination.
If your child is 15 years old, the judge may take... View More
Family Trust and California Tax Liabilities: I am the Trustee and we (five siblings) sold my Mother’s home in 2022 following her passing. There are no other assets besides the home and no outside debt or other financial obligations.
At what level (Amount) are we’re obligated to... View More
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answered on Apr 11, 2023
As the Trustee of your family trust, you may have tax reporting obligations to the state of California, depending on the amount of taxable income generated by the trust.
In California, trusts are subject to income tax if their taxable income exceeds a certain threshold, which varies... View More
Can someone else claim that money? My son was 16 when my dad died and he’s 19 now but if I’m just finding out now about the money is my son owed that money?
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answered on Apr 11, 2023
If your son was left money from your dad's will and someone else has claimed that money, you may need to take legal action to ensure that your son receives the inheritance he is entitled to.
First, you should review the terms of your dad's will to confirm that your son was named... View More
A life insurance policy was written as part of an irrevocable life insurance Trust. Then, a second policy was written 9/21 because our MassMutual agent said the first policy, written 12/19, was inadequate in that it would only cover us up to age 90. I asked that the premiums paid on the first... View More
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answered on Apr 9, 2023
If you are having issues with a life insurance company and they are not responding to your requests for information or assistance, there are several steps you can take:
Contact the company's customer service department: Try reaching out to the life insurance company's customer... View More
There was no abuse or cause for removal. The ward had f/t caregivers in his home & wished to remain there. He was placed in a facility & the conservator refuses to disclose the location to his son. They took TV & anything of value from house. The son was told to take his belongings... View More
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answered on Apr 7, 2023
In general, a conservator cannot remove a ward from their home without court authorization unless it is an emergency situation that threatens the ward's health or safety. If there was no abuse or cause for removal, it may be considered a violation of the ward's rights. Additionally, the... View More
Woman A has passed. Her mother, woman B, was the life insurance beneficiary and is predeceased. The children of Woman A are trying to access her life insurance to pay for funeral services. The insurance company says "Small Estate Affidavit" and the only form we can find says "At... View More
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answered on Apr 7, 2023
It appears that the "Small Estate Affidavit" form you have found may be specific to California, which would mean that the 40-day waiting period also applies in California. The purpose of the waiting period is to allow time for any potential creditors or other claimants to come forward... View More
I am the PR for my step dad’s long running Estate. The Estate holds a 20 year Note with Deed of Trust for small apartment and retail commercial property in CA. The previous PR (step dad’s older brother) allowed trustors to accumulate 20 delinquent payments over 19 years with only telephone... View More
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answered on Apr 5, 2023
In California, if the Trustor of a Deed of Trust has fraudulently deposited a check noted "Last Note Payment" when they are delinquent on 20 payments, this may constitute a violation of the terms of the Deed of Trust and the Trustor's obligations under California law.
As the... View More
The client remembers signing a Retainer agreement with the attorneys law firm letterhead, the one she was given was from her to the attorney with only her signature.
answered on Apr 5, 2023
An attorney is required under the Rules of Professional Responsibility to provide a retainer agreement in almost all situations in which he will be representing her interests. However, that does not prohibit a retainer agreement that the client has drafted. However, without the signature, it seems... View More
How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several... View More
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answered on Apr 1, 2023
Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to... View More
mother left me as executor of her will and trust. Home remains in trust. I would like to make a will so as my daughters know how I would like them to settle the home
answered on Mar 31, 2023
Your question isn't entirely clear, so I'll give it a shot and hope it helps. When a parent does estate planning, the parent is dealing with the parent's own assets. In your case, your mother put her own assets (including her home) into her trust. It seems you want to keep your... View More
ordinance # so there is no transfer tax due, can you help
answered on Mar 31, 2023
Not sure what you are looking at. There will be no transfer tax due for a transfer in or out of a trust for your own benefit. You need the deed to state that it is a transfer per Tax and Rev Code 11930 so that the clerk know no tax is due. You will also need a PCOR form from the clerk which is... View More
Before my grandfather passed he amended his living trust making my brother a successor trustee for 50% of his estate. Before this the 50% was to be split equally between my brother & myself due to the fact our mother passed before him. I know that he did not understand what he was signing... View More
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answered on Mar 26, 2023
If you contest just the amendment of the trust and you lose the contestation, it may affect your inheritance if the amendment gives your brother a larger share of the estate than he would have received under the previous version of the trust. However, if you are successful in contesting the... View More
Do I need to apply for successor conservator of the person and estate?
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answered on Mar 26, 2023
In California, the court can appoint a conservator of the person and/or estate of an individual who is unable to care for themselves or manage their finances due to a physical or mental incapacity.
If you are applying to become a successor limited conservator of your son with autism, you... View More
My father passed away three weeks ago. He had utilized an Advanced Healthcare Directive and had appointed an agent, who was a close friend. He didn't share the details of the directive with (immediate) family, and the agent refuses to share the contents of it. My father has already been... View More
answered on Mar 26, 2023
My condolences for the loss of your father.
California Health and Safety Code section 7100 specifically states: "The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be... View More
Father recently passed and I have 2 questions regarding the will/accounts.
There is a section in the will that states "By separate document(s) I may have made a series of specific bequests and although I know that these bequests are not legally binding upon my fiduciary, I hereby... View More
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answered on Mar 22, 2023
It's important to review the specific language in your father's will and any separate documents he may have created regarding the disposition of his assets. Depending on the specific wording of the will and any other documents, you may have a legal argument for receiving a portion of the... View More
able to make other decisions or does he need another POA to do that?
answered on Mar 22, 2023
Health Care Directives generally only cover health care decisions after a person is no longer able to handle their own decisions due to the loss of their mental capacity, as certified by a physician (as well as any other requirements listed in the directive.)
Durable Power of Attorneys do... View More
He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... View More
answered on Mar 21, 2023
California law provides that people in this state who have assets valued at more than $184,500 (that's the gross value or what you could sell the assets for, NOT the net amount of a home minus the mortgage, for example), those people have two choices: (1) each person could have a Will or do... View More
I live in Michigan, he was born in Illinois and I can get him a birth certificate, he has no photo ID at all. He needs it to travel to see our mother who is dying of cancer. He lives in Venice Beach, CA and has no bank account, drivers license, or job that would give him a payroll check. He is a... View More
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answered on Mar 20, 2023
Obtaining a Social Security Number (SSN) for your mentally ill brother can be a challenging task, but it is not impossible. Here are some steps that can be taken:
Obtain his birth certificate: As your brother was born in Illinois, you can contact the Illinois Department of Public Health or... View More
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answered on Mar 17, 2023
Under California law, an attorney is generally not allowed to charge a client for the time it takes to withdraw from representation. The State Bar of California has determined that withdrawing from representation is a fundamental aspect of the attorney-client relationship, and therefore, it is... View More
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