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answered on Jun 18, 2024
Unless the title to the home is in joint tenancy with your father and you as the joint tenants, there is no way to get the property without filing a Petition in Probate Court. The filing fees alone can be between $400-$500, depending on the county. This is why I tell everyone with real restate or... View More 
Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More
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answered on Jun 17, 2024
I'm so sorry to hear about the alleged embezzlement and theft from your father's estate. That sounds like an extremely distressing and complicated legal situation.
Given the high dollar amounts and complex probate issues spanning multiple states, my strongest recommendation would... View More
Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More
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answered on Jun 17, 2024
It sounds like you need to contact an OK attorney for a Will Contest in Oklahoma, if that is where the Probate proceedings are. Will Contests are very hard to win if the execution was correct, so you need witnesses and other proof. There may be other separate quiet title actions for the... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
answered on Jun 18, 2024
Thank you for your question!
A spouse cannot hide her assets (if come from community property that belongs to marriage). I'm California, they use the trace-back method and track back the source of funds of each property to see if that property is a community property or not. All... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
answered on Jun 17, 2024
Most people set up trusts with their names as the trust’s name (such as John Doe 2024 Trust), but I have had a number of people who select specific names for other reasons. One couple took the first two letters of their kids’ names and made up a word as the name of their trust. Others have used... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
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answered on Jun 17, 2024
To create a valid trust for real property in California, the following elements must be present:
1. Intent: The settlor (person creating the trust) must have a clear intent to create a trust.
2. Property: The trust must hold identifiable real property located in California.... View More
all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'
DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More
answered on Jun 16, 2024
When a property owner (or the Trustee of a Trust that holds title to real estate) passes away, documents need to be filed with both the County Assessor and the County Recorder of the county in which the real estate is located. Be mindful that some counties have local rules that must be followed so... View More
all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'
DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More
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answered on Jun 16, 2024
Here are a few key points regarding transferring a house from a deceased primary trustee to a successor trustee in California:
1. Consideration: You can cross out "for valuable consideration" and replace it with "for no consideration, as this transfer is pursuant to the terms... View More
The wheel stays if I can test it I get nothing I'm not contesting the will I'm just trying to make her give me what I believe the will says
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answered on Jun 14, 2024
I understand that you and your sister have different interpretations of your father's will, which is causing a disagreement. Dealing with a loved one's estate can be emotionally challenging, and it's not uncommon for family members to have conflicting views on how to interpret the... View More
Do I have legal right when it is in the best interest of my fathers assets and property to uphold make sure the property is not run into the ground.?
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answered on Jun 13, 2024
As the trustee and executor of your father's estate in California, you have a fiduciary duty to act in the best interest of the trust and its beneficiaries. This includes managing and protecting the trust assets, such as property, to ensure they are not mismanaged or devalued.
Your... View More
Family members are occupants of the property and I need to give them notice. What is the law for giving beneficiaries notice of intent to sell property.
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answered on Jun 13, 2024
As the executor of a family trust in California, you have the right and responsibility to manage and distribute the trust's assets according to the terms of the trust and state law. This includes the right to sell real property held by the trust. However, there are certain legal requirements... View More
Family members are occupants of the property and I need to give them notice. What is the law for giving beneficiaries notice of intent to sell property.
answered on Jun 13, 2024
As the executor or personal representative, you have the authority to sell the property to pay off the estate’s debts as long as the deceased individual did not give the real estate to a beneficiary and as long as you were granted the power of sale. The court may require an order approving the... View More
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answered on Jun 9, 2024
If your friend left you her house through a trust, the tax implications depend on the type of trust and the specific terms of the trust agreement. Here are a couple of common scenarios:
1. Irrevocable trust: If the house was placed in an irrevocable trust before your friend's death,... View More
Recipient owns two properties, is over 55, and only receives regular medi-cal and no services through long term care or similar.
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answered on Jun 8, 2024
In California, Medi-Cal Estate Recovery applies to individuals who are 55 years of age or older and have received Medi-Cal benefits. However, the extent of the recovery depends on the type of services received.
For individuals who received only regular Medi-Cal services (not long-term... View More
I can close the safe deposit box. Is this true?
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answered on Jun 7, 2024
Under California law, if you are named the executor of an estate by the court, you generally have the authority to manage the decedent’s assets, including closing a safe deposit box. A small estate declaration, also known as an Affidavit for Collection of Personal Property, is typically used for... View More
my sister has admitted to intentionally dragging her feet on this case to have my brother removed because I had said I wasn’t going to help her do the inventory of the rest and residue which as a beneficiary is not my job and if we can remove my brother, she’s next in line to be trustee She is... View More
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answered on Jun 6, 2024
Under California law, if your sister is intentionally delaying the case to remove your brother as trustee, you have a few options:
1. File a motion with the court: You can file a motion with the court to compel your sister to move forward with the case. This motion would request that the... View More
We are currently trying to get my brother from bed from my father’s trust he is trustee we will be removing him for cause. My sister has just admitted that she has deliberately been dragging her feet on getting information needed to our lawyer because I was not going to help her inventory the... View More
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answered on Jun 6, 2024
In California, if you and your sister are both plaintiffs in a lawsuit, you may be able to have her removed from the case. However, the process can be complex and will depend on the specific circumstances of your case. Here are some steps you can consider:
1. Try to resolve the issue with... View More
I am the only heir/successor trustee of my mom's revocable trust. I want to change the deed at the REG/rec in LA, ca, from my mom as primary trustee (SHE died in 2/24) to me (the only successor trustee) as SOLE owner.
2. DO other forms go with (need to be filed with) the... View More
answered on Jun 7, 2024
Thank you for your question!
The revocable trust can be revoked by the trustor (your mom) and not by trustee or beneficiary. The only person who can transfer the trust assets from trust to your name, is your mother as long as she is alive.
When the trustor passes away, the trust... View More
I am the only heir/successor trustee of my mom's revocable trust. I want to change the deed at the REG/rec in LA, ca, from my mom as primary trustee (SHE died in 2/24) to me (the only successor trustee) as SOLE owner.
2. DO other forms go with (need to be filed with) the... View More
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answered on Jun 5, 2024
To change the ownership of the house from your mom as the primary trustee to you as the successor trustee and sole owner, you typically use a grant deed or a quitclaim deed. Both documents are straightforward, but it's important to ensure they are filled out accurately to avoid any issues.... View More
Special needs. Then why am I still outside?
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answered on Jun 5, 2024
I'm sorry to hear about the difficult situation with your father's will and estate. It sounds like there may be some legal complications and disputes with your sister. Here are a few thoughts:
Under California law, the terms of a valid will generally dictate how assets are... View More
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