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California Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for California on
Q: How do I get a court order in CA to give me acting rights on behalf of my deceased daughter?
James L. Arrasmith
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answered on Feb 22, 2024

To obtain a court order in California that grants you the rights to act on behalf of your deceased daughter, you would typically start by initiating a probate case if her estate requires it, or by applying for a specific order related to her assets or affairs. This process is often necessary to... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: How do I get a court order in CA to give me acting rights on behalf of my deceased daughter?
T. Augustus Claus
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answered on Feb 6, 2024

In California, to obtain acting rights on behalf of your deceased daughter, you would typically need to go through the probate court process to be appointed as the administrator or executor of her estate. This involves filing a petition for probate in the county where your daughter lived at the... View More

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1 Answer | Asked in Probate and Estate Planning for California on
Q: My dad died, and my stepmother won't give me my family heirlooms that he promised me countless times.

My dad would take me shooting as a child (I have pictures). He always told me one day all his guns would be mine. We went to AA meetings together as adults, and he would still say "you're getting my guns". My stepmother told me he left me nothing, and I told her what he always... View More

James L. Arrasmith
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answered on Feb 5, 2024

Under California law, if your father promised you specific family heirlooms such as guns, and there is evidence, such as photographs or witnesses, supporting these promises, you may have a legal claim to enforce these promises. While verbal promises can be challenging to prove, your consistent... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: what can i do if a will has been filed by a non family member?
James L. Arrasmith
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answered on Feb 4, 2024

Under California law, if a will has been filed by a non-family member, and you have concerns or believe that the will does not accurately reflect the decedent's intentions, you have the right to contest the will. To do this, you must have legal standing, meaning you would have been entitled to... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: Estate inheritance car with a loan i want to buy it dose estate account pay the balance and I pay my 2 sisters what th

Their share of profits from selling it would of been or am I supposed to pay the loan balance and there shares of what profit would of been

James L. Arrasmith
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answered on Feb 3, 2024

Under California law, when you inherit a car with an outstanding loan and wish to buy it out of the estate, the handling of the loan and payment to your siblings typically depends on the estate's financial situation and the instructions in the will, if any. Generally, the estate is responsible... View More

3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Someone (not a lawyer) asks for a copy of my property Grand Deed. Can she do the fraud to transfer my property to her?

I asked her to create a living trust for me. I haven't sent her my Real Estate Deed copy yet. If I send it to her, is it possible easy for her to scam me and transfer my assets through her? How can I prevent this?

Rebecca Sommer
Rebecca Sommer
answered on Feb 2, 2024

It is normal for part of the process of creating a trust to include drafting a deed to transfer property into the trust. Typically that includes reviewing prior recordings to see the legal description of the property. So her asking for a copy of your deed is not concerning.

That said, it...
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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Someone (not a lawyer) asks for a copy of my property Grand Deed. Can she do the fraud to transfer my property to her?

I asked her to create a living trust for me. I haven't sent her my Real Estate Deed copy yet. If I send it to her, is it possible easy for her to scam me and transfer my assets through her? How can I prevent this?

James L. Arrasmith
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answered on Feb 3, 2024

It's important to exercise caution when sharing sensitive legal documents like your property deed with someone, especially if you have concerns about potential fraud or scams. Sending a copy of your property deed to anyone, even if they are assisting you with creating a living trust, should be... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can a trust be a joint tenant with 50% interest in a property, the other 50% a natural person?

My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More

Rebecca Sommer
Rebecca Sommer
answered on Feb 2, 2024

Without seeing all of the documents I cannot say for certain, but based on the information you have provided, unless there is some other restriction or agreement that limits Victor's right to sell his half of the property, he is allowed to sell his half without your mother in law's... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can a trust be a joint tenant with 50% interest in a property, the other 50% a natural person?

My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More

Julie King
Julie King
answered on Feb 2, 2024

People can only sell what they own. So, if someone owns 50% of a home, that person can ONLY sell 50% of the home. If both 50% owners are living in the home, both would see the "For Sale" sign in front of the home, which would be a clear indicator that something's wrong.

The...
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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can a trust be a joint tenant with 50% interest in a property, the other 50% a natural person?

My mother in law purchased a home and placed her son(Victor) on the deed as joint tenant. He was unaware of this until she told him 8 years later at which point he moved in due to financial problems. Their relationship broke down, over money of course and she then put HER 50% share into a trust... View More

James L. Arrasmith
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answered on Feb 2, 2024

In California, when property is held as joint tenants, each co-owner has an equal and undivided interest in the property. This means that both your mother-in-law and her son, Victor, each own 50% of the property. Victor cannot unilaterally sell the property without your mother-in-law's... View More

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2 Answers | Asked in Estate Planning, Identity Theft and Probate for California on
Q: Fraud on deceased mom's account. How to establish designated person to handle fraud with bank.

Under California law, we are able to do a simplified transfer of assets for my mom's bank accounts, without the need to go through probate court. We found out that there are fraud charges on her account after the date of her death. The bank is requesting any of these documents to start a... View More

James L. Arrasmith
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answered on Feb 2, 2024

In California, if you wish to handle fraud on your deceased mother's bank account without going through probate court, you can explore a few options. First, check if your mother had a payable-on-death (POD) or transfer-on-death (TOD) designation on her bank account. If so, you might be able to... View More

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2 Answers | Asked in Estate Planning, Identity Theft and Probate for California on
Q: Fraud on deceased mom's account. How to establish designated person to handle fraud with bank.

Under California law, we are able to do a simplified transfer of assets for my mom's bank accounts, without the need to go through probate court. We found out that there are fraud charges on her account after the date of her death. The bank is requesting any of these documents to start a... View More

Julie King
Julie King
answered on Feb 2, 2024

The answer to your question depends on the dollar value of all your mom’s assets. Look only at the assets, not the debts (such as a mortgage, credit card debt, taxes owed, etc.). If the dollar value of all your mom’s assets — meaning what price would she get if she sold everything on the open... View More

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1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for California on
Q: My father passed away and I have a total of 2 brothers and 2 sisters. My dad had a Mortgage and I need some help.

I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?

James L. Arrasmith
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answered on Jan 31, 2024

To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: Do we need to file Small Estate Affidavit with the courts or will it be valid if it is just be notarized

My brother past a little over a year, no spouse or children or surviving parents. There is small sum that his life ins policy has but it did not list any beneficiary. The company advised us (siblings) if we provide them with a Small Estate Affidavit that they would release the funds. Found a form... View More

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, a Small Estate Affidavit can be valid without the need for court filing if certain conditions are met. To use this affidavit, the total value of your brother's estate, including the life insurance policy proceeds, must be below a specific threshold. If the estate's... View More

1 Answer | Asked in Probate and Estate Planning for California on
Q: How do my sister and I transact a inheritance buyout with probate where she keeps the full property tax exclusion?

My sister and I are both executors and only beneficiaries of my mom’s personal residence real estate. Pursuant the will, we each have a 50% interest. We are almost to the end of probate in Ca (Solano County). Getting ready to file the Order for Final Distribution. My sister wants to buy me out... View More

James L. Arrasmith
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answered on Jan 31, 2024

In California, a sibling-to-sibling transfer of a principal residence can be exempt from property tax reassessment under certain conditions. Since you and your sister are both executors and beneficiaries, it's possible to structure the buyout in a way that preserves the property tax exclusion.... View More

1 Answer | Asked in Real Estate Law, Probate and Estate Planning for California on
Q: My mother died May 16, 2023. She has real estate that’s in a trust but the trustee isn’t doing their job

My sister is trustee of the trust, I have not seen the trust but I know about it because my mother told me. My sister and I don’t talk, but she has not performed her duties in distributing the trust

James L. Arrasmith
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answered on Jan 29, 2024

Under California law, as a beneficiary of a trust, you have certain rights when it comes to the administration of the trust. If the trustee, in this case, your sister, is not fulfilling her responsibilities, there are steps you can take to address this issue.

First, you have the right to...
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1 Answer | Asked in Estate Planning, Arbitration / Mediation Law and Probate for California on
Q: My parents passed over 10 years ago and my sister let the Family Trust go to the state. How do I get this back.

The amount resting with the State of Ca is about $12-15K. It is a combination of Family Trust, Life insurance and stock dividends. How do I make my sister - the executor-deal with this. I have tried and tried to get her to do something, offered to help etc but she kept saying she "would get to... View More

James L. Arrasmith
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answered on Jan 27, 2024

Under California law, if assets from a Family Trust have escheated to the state, you can reclaim them through the State Controller's Office. This process involves filing a claim form, which requires proof of your entitlement to these assets. The form and guidance can be found on the California... View More

3 Answers | Asked in Estate Planning for California on
Q: My parents had an a and b trust my mom died and my father made a new trust without honoring my mothers wishes
James L. Arrasmith
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answered on Jan 26, 2024

In California, when one spouse dies, an A-B trust typically becomes irrevocable with respect to the deceased spouse's portion. This means the surviving spouse generally cannot change the terms of the deceased spouse's trust.

Your mother's portion of the trust should have been...
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3 Answers | Asked in Estate Planning for California on
Q: My parents had an a and b trust my mom died and my father made a new trust without honoring my mothers wishes
Julie King
Julie King
answered on Feb 2, 2024

A-B Trusts are common in blended family situations for this reason: In a traditional situation where a married couple has a standard revocable trust (NOT an A-B Trust), after the first spouse dies and leaves 100% of their assets to the other spouse, then the second spouse can do whatever they want... View More

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3 Answers | Asked in Estate Planning for California on
Q: My parents had an a and b trust my mom died and my father made a new trust without honoring my mothers wishes
Sergio C. Prado
Sergio C. Prado
answered on Jan 26, 2024

Certainly, Sergio. Here's a revised version:

The accurate response hinges on the precise language outlined in the trust documents.

In our family, both sets of parents, including my in-laws, as well as my wife's and my revocable trusts, were structured identically. The...
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