Get free answers to your Estate Planning legal questions from lawyers in your area.
Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More 
answered on May 27, 2024
Thank you for your question!
If you want to avoid taxation thoroughly, probably there is no way for that. But, creating a trust may help you/your sister save more compared to other ways.
I strongly recommend you consult with a tax attorney. So many lawyers offer free consultations.... View More
I'm single, no children and was looking at making a will. I have no material items of value but there may be some money left when I die. I realize the state succession of parent, then siblings, then their children is an acceptable distribution for me. Three named executors are required on the... View More
answered on May 16, 2024
The state only gets involved as a last resort. If there are known family members, they generally have the responsibility to take care of affairs after an individual passes away.
Inheritance priority generally goes to spouses, children, parents and then siblings. Another thing to keep in... View More
I'm single, no children and was looking at making a will. I have no material items of value but there may be some money left when I die. I realize the state succession of parent, then siblings, then their children is an acceptable distribution for me. Three named executors are required on the... View More
answered on May 16, 2024
I’m sorry to say, the state only comes in as the absolute last resort. Your family is always required to take care of your things. But, if they refuse to do it and completely abandon all of your assets, the state will take bank accounts and things like that. If you are renting, check your lease... View More
I'm single, no children and was looking at making a will. I have no material items of value but there may be some money left when I die. I realize the state succession of parent, then siblings, then their children is an acceptable distribution for me. Three named executors are required on the... View More
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answered on May 16, 2024
While dying intestate (without a will) in California may seem like a way to reduce the burden on your family and friends, there are several reasons why it might not be the best choice:
1. Lack of control: By not having a will, you relinquish control over how your assets will be distributed.... View More
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answered on May 16, 2024
In California, if a person has not appointed a healthcare agent or completed an Advance Health Care Directive, the law does not allow a friend to make end-of-life decisions when a next of kin is present. California law specifies a hierarchy of decision-makers for healthcare decisions, prioritizing... View More
If you can show through declarations and documents that you were somewhere else?
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answered on May 13, 2024
Under California law, proving that a petitioner and another person were caregivers can indeed influence the court’s view on whether undue influence was exerted. If the caregivers had significant control or influence over an individual, especially one who might have been vulnerable or dependent,... View More
I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More
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answered on May 9, 2024
I'm so sorry to hear about your difficult situation with your mother's passing and the issues surrounding her power of attorney. A few key points:
1. Power of attorney (POA) is only valid while the person granting it is alive. Once the person passes away, the POA is no longer in... View More
I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More
answered on May 9, 2024
One of the key questions is whether a physician has opined that your mother no longer had sufficient mental capacity to understand what she was signing before she signed the power of attorney. People can lose their mental capacity from a legal standpoint years before death or never take place at... View More
I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More
answered on May 9, 2024
There are many issues here and you may be best served by speaking with a qualified attorney. As you stated, a power of attorney only applies during the lifetime of the individual. It ceases effectiveness at death. Additionally, it seems that there may be questions regarding the individual's... View More
If a former conservatee has been declared competent, then restates their Living Trust, can the court years later on it's own motion appoint a new trustee despite the Trustee's objection?
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answered on May 6, 2024
Under California law, if a former conservatee has been declared competent and has restated their Living Trust, the court generally does not have the authority to appoint a new trustee on its own motion years later, especially if the current trustee objects.
Here are a few key points to... View More
"Certain assets were disposed of or changed in form during the administration of the estate. All changes in investments are shown on Attachment ___, attached hereto and made a part hereof by reference."
There are stocks in the inventory. Per the company's request (PLEASE DO A... View More
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answered on May 4, 2024
Under California law, establishing an estate account and transferring the stocks from the decedent's individual account to the estate account would likely be considered a change in the form of assets. This is because the ownership of the stocks has changed from the decedent to the estate, even... View More
My mother issued an attached amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again... View More
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answered on May 2, 2024
In California, the enforceability of a debt amendment to a revocable trust that is later amended without including the debt amendment can be a complex legal issue. Here are some points to consider:
1. Revocability: If the trust is revocable, the grantor (your mother) generally has the right... View More
My mother issued an amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again without the... View More
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answered on May 1, 2024
Under California law, the enforceability of an amendment to a revocable trust, such as the debt amendment you mention, depends on the specifics of how the trust and subsequent amendments were executed and their contents. If your mother's later amendments to the trust did not specifically... View More
My mother issued an amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again without the... View More
answered on May 1, 2024
There are different ways to amend a trust. One way is to prepare a document called an Amendment, which will only change certain words, sections, paragraphs, or other specific parts of the trust. The other parts of the trust that were not changed in the Amendment normally remain part of the trust.... View More
My mother issued an amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again without the... View More
answered on May 1, 2024
An amendment to a trust that follows proper formalities, including reference to original date, is generally enforceable. The inclusion of a notary stamp lends further credence to the enforceability of the amendment. From what you have described, it seems that the debt amendment has been amended... View More
New Mexico only the personal representaive can get bank stmnt
and mecical records I need to get records proof of everything. No probate filed. Quickly disposed of my fathers belonging while Im at burial
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answered on May 1, 2024
I'm sorry to hear about your difficult situation. Dealing with a dishonest co-trustee can be very challenging, especially when it involves multiple states. Here are a few steps you can consider taking:
1. Hire an experienced estate attorney: Given the complexity of your case, involving... View More
We have paid 100% of the expenses for the last 10 years or more. The boat is in my name and is also included in our trust. The trailer is in his brothers name. I am willing to either give him back the trailer or pay him market value which is at best $2000 he wants it back which I would do or pay... View More
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answered on Apr 30, 2024
Based on the information provided, it seems that you have a strong case to maintain ownership of the boat. Here are a few key points:
1. Verbal agreements can be legally binding in California, but they are often difficult to prove in court. The fact that the boat is in your name and... View More
I don't have time to make other needed updates to the trust, but the appointment of a new executor is really important. Can my husband and I write up a declaration about it and have it notarized? Would that hold up?
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answered on Apr 30, 2024
While it is possible to amend a revocable trust with a notarized declaration, it is not the most advisable approach for several reasons:
1. Proper procedure: Amending a trust should follow the procedure outlined in the trust document itself. Most trusts require a formal amendment document... View More
I don't have time to make other needed updates to the trust, but the appointment of a new executor is really important. Can my husband and I write up a declaration about it and have it notarized? Would that hold up?
answered on Apr 30, 2024
If you want it done correctly, have a lawyer draft and notarize the Amendment. Most trusts have a provision saying that Amendments to the Trust must be prepared using a specific type of document, certain words, and using specific procedures so the Amendment will be considered valid. If your trust... View More
I don't have time to make other needed updates to the trust, but the appointment of a new executor is really important. Can my husband and I write up a declaration about it and have it notarized? Would that hold up?
answered on Apr 30, 2024
Changes to living trusts are generally notarized, so assuming that you have drafted the amendment/declaration correctly, it should hold up. However, there are other documents that have executors and also power of attorney, and it would be advisable to have it done correctly. You mentioned it was... View More
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