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Is there a time limit?
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answered on Apr 29, 2024
In California, there is a time limit for filing a claim against an estate after the estate has been dispersed. This time limit is known as the statute of limitations.
According to California Probate Code Section 16460, if you were not properly notified of the administration of your... View More 
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answered on Apr 29, 2024
Under California law, if you were not notified of your father's death and the distribution of his estate, you may have the right to make a claim depending on the circumstances. Here are a few key points to consider:
1. Statute of limitations: In California, the statute of limitations... View More
my lawyer emailed me a copy of the 1998 trust in March 2023, but I never saw it. But at the time, he told me it was too late to do anything about it anyway (past the deadline to file) since my father passed away over a year earlier in Feb 2022. But now, he is suggesting we can petition the court... View More
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answered on Apr 24, 2024
Based on the information you've provided, it seems that your lawyer may have been negligent in not properly addressing the 1998 trust when it was first discovered, especially if it would have been possible to challenge the 2014 trust at that time. However, whether this constitutes legal... View More
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
answered on May 11, 2024
Thank you for your question!
You do not need to be competent to be the beneficiary of a trust, but you need competency to be a trustee.
The sister here should have received her benefits under the trust regardless of her incapacities (except under certain situations that were... View More
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
answered on Apr 22, 2024
It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.
It's good to hear that... View More
I cant find my dad's estate house, trust and alot of mineral rights but can't afford lawyer how can I find them I'm representative of estate only child only heir but she hid in her aka names
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answered on Apr 19, 2024
I'm sorry to hear about the difficulties you're facing regarding your father's estate. Here are some steps you can take to try to locate the assets without hiring a lawyer:
1. Check county records: Visit the county recorder's office where your father's properties... View More
answered on Apr 27, 2024
The issue has two different components: 1.Trust 2.Mortgage
1. Trust: When the title of a property is in trust, the trustee make decisions about the management of the title according to trust words. Even though, There are ways to challenge trustee or trust itself, usually beneficiaries have... View More
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answered on Apr 18, 2024
Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.
In this... View More
My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More
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answered on Apr 17, 2024
In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.
Under the Dead... View More
Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More
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answered on Apr 15, 2024
Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:
1.... View More
answered on Apr 15, 2024
The answer to this question is unfortunately not straightforward. It really depends on how your family trust is/will be structured. Furthermore, you may be able to title the property under a family trust and then have a co-trustee assist you with financial and other decision making. Married... View More
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answered on Apr 13, 2024
Under California law, the best approach for handling a valuable timeshare depends on your specific circumstances and goals. Here are some considerations for each option:
1. Adding a co-trustee to the timeshare deed:
- Allows for joint management and decision-making regarding the... View More
Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.
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answered on Apr 11, 2024
I'm sorry to hear about your difficult situation. Here are a few key points and suggestions based on California law:
1. Title transfer: If the property was inherited and never properly transferred into your and your sister's names, the estate executor should have initiated a... View More
Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.
answered on Apr 30, 2024
Thank you for asking the question!
A. To have a partition, there must be some sort of tenancy in common (e.g., joint tenancy or tenancy in common).
You need to get the title of your property through either a. non-probate (which is much shorter and not applicable to all cases); or... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
answered on Apr 10, 2024
If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
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answered on Apr 10, 2024
I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.
Given... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
answered on May 9, 2024
Thank you for asking the question!
1. Was the home transferred properly to you after 30 years?
There are necessary elements for a deed to be valid:
1. A sufficient writing of the names of granite and grants, operative words of conveyance, and sufficient description of the... View More
House was inherited from my mothers trust. I am trustee and beneficiary. Not sure if transferor should be my mother, the trust, or myself as trustee.
answered on Apr 4, 2024
Two things: (1) Proposition 19 completely changed the property tax laws so the overwhelming majority of real estate in California will be reassessed to current value -- meaning property taxes will go up substantially in many cases -- so it isn't automatically true that the parent-child... View More
House was inherited from my mothers trust. I am trustee and beneficiary. Not sure if transferor should be my mother, the trust, or myself as trustee.
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answered on Apr 4, 2024
Under California property tax law, the parent-child exclusion allows the transfer of a primary residence (and up to $1 million of assessed value of other real property) between parents and children without triggering a reassessment of the property value for property tax purposes.
In your... View More
My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?
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answered on Apr 4, 2024
In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More
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