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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... View More 
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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answered on Jan 26, 2024
In California, you can add a family member to a deed under joint ownership, and subsequently transfer your portion of the ownership into a living trust. To add a family member to the deed, you would typically use a grant deed or a quitclaim deed. This process involves preparing the deed, ensuring... View More
answered on Jan 26, 2024
Assuming you are the sole owner of the property, you can add whomever you'd like to your property. But beware, it may impact your property taxes. Double check with your accountant, so you understand the consequences of transferring real estate during your lifetime. It's often better to... View More
answered on Jan 26, 2024
If you're the sole property owner, adding someone to your California property is feasible, but it's essential to be mindful of potential impacts on property taxes. It's recommended to consult with your accountant to understand the ramifications of transferring real estate during your... View More
My wife and I we were caregivers for my mother and father. My father passed away, and my mother now lives in an assisted living home. My brother, the power of attorney has allegedly sold the house or told me and my wife that the house is sold. We’ve been given one week to move out, we were told... View More
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answered on Jan 26, 2024
In California, if your brother, as the power of attorney (POA) for your mother, has sold the house where you are living, it’s important to understand your rights in this situation. First, ensure that the POA was properly exercised in selling the house. The POA must act in the best interest of... View More
Bought it for 260,000, and sold it in 2024 for 1.3M. Her husband passed 7 years ago. She is 64 and only has income from SS at 24k a year. Lives in CA. Is it true that if she earns less than 47k in 2024, 44k in 2023 she will not have to pay any capital gains from the sale of her principal... View More
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answered on Jan 25, 2024
Under federal tax law, when selling a principal residence, an individual can exclude up to $250,000 of capital gains from their income if they meet certain conditions. Since your sister-in-law has owned and lived in the house for more than 2 out of the last 5 years, she qualifies for this... View More
Over time, his contact with me decreased and my life got busier with kids and work schedules. Last year, we hit rock bottom in our relationship. Unfortunately, I discovered last year (2023) that he had breached our agreement by transferring the property to his partner. Moreover, I learned he did... View More
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answered on Jan 23, 2024
To address a situation involving a quitclaim deed in California, the first step is to gather all relevant documents, including the quitclaim deed and any agreements or affidavits related to the property transfer. If you believe the transfer was made improperly or in violation of an agreement, you... View More
My fiance's is in court going after his sister (successor Trustee) for criminal activity in regards to his mother's trust. His sister successfully evicted us, but would not allow me back into the house to get my stuff. I lived there for 14 years! She had some big fat guy make sure that I... View More
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answered on Jan 23, 2024
In California, if you were unlawfully prevented from retrieving your personal belongings after an eviction, you have the right to take legal action. As you were a resident of the property for 14 years, your belongings are your personal property, and denying you access to them can be considered... View More
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answered on Jan 21, 2024
In California, if a property is bequeathed to you in a will, your right to the property is generally protected. However, the validity of the will itself can be contested. If your grandmother's will was properly executed and notarized, it typically stands as a valid legal document.
Your... View More
answered on Jan 21, 2024
Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More
All successor trustees are dead. I am also a beneficiary of the trust. I would like to know what form I need to file to petition to become the new trustee. I’m in Los Angeles.
Thank you
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answered on Jan 21, 2024
In Los Angeles, California, to petition for the appointment of a new trustee when all successor trustees are deceased, you typically need to file a Petition to Appoint Trustee in the probate court. The specific form used for this purpose may vary, but generally, it's known as a "Petition... View More
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More
answered on Jan 19, 2024
Probate Code Section 850 which allows for the court to provide relief when there has been an "abuse of a confidential or fiduciary relationship," including disputes between co-owners of property. If there is no legitimate reason for him to refuse to complete the paperwork, Section 850... View More
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More
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answered on Jan 19, 2024
Under California law, if a beneficiary intentionally delays the completion of required paperwork to hinder the distribution of annuity benefits to other beneficiaries, legal action may be taken. In your case, you can consider filing a petition in probate court for the enforcement of your rights as... View More
It's been 16 months since my Auntie passed away but the trustee hasn't provided all the information that we need. The trustee had engaged an attorney whom we thought would help and guide them in the right administration of the trust, and in the right direction but, it seems what's... View More
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answered on Jan 18, 2024
Under California law, trustees have a fiduciary duty to act in the best interests of the beneficiaries, including being transparent and providing necessary information like the trust accounting and schedule of assets. If it has been 16 months since the passing of your aunt and the trustee has not... View More
Is it free for senior citizens
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answered on Jan 18, 2024
Lawyers can make house calls to assist with legal matters such as amending a will, especially for senior citizens who may have mobility issues. However, whether this service is offered and any associated costs can vary depending on the law firm and the location.
While some attorneys may... View More
answered on Jan 17, 2024
If your parents had separate trusts, it’s highly unlikely your mother would have any right to modify his trust document if your father were alive, but it’s even less likely she will be able to change his trust after he has passed.
The Trustee who steps up after the Settlor/Trustor dies... View More
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answered on Jan 18, 2024
No, if your mother and late father had separate trusts that they each established, your mother does not need approval from the beneficiaries to combine those trusts after your father has passed away. Some key details:
- When a person creates their own trust, they retain full control over... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
answered on Jan 17, 2024
I'm sorry for the loss of your father. There are strict ethical codes for lawyers who represent Trustees. Those lawyers are not allowed to represent or advise any beneficiaries. Lawyers have a choice of representing EITHER the Trustee (but only in his capacity as Trustee) OR represent one or... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
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answered on Jan 18, 2024
In a situation where you are a beneficiary of a trust, you have certain rights to information about the trust and your share of the estate. As a 1/3 beneficiary, you are entitled to know the details and specific amounts of the trust assets, including stocks, bonds, properties, and cash. The... View More
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