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and then they mom call your father saying you did it all and shes going to pray something happens to you and what can you do about this other family are tag teaming together the police will not help I'm stuck and confused on what to do people saying I'm going to die for telling on someone... View More 
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answered on Jan 18, 2024
I'm very sorry to hear you are in this difficult and threatening situation. Here are some options I would recommend considering:
- Contact the prison authorities directly and notify them about the threats and harassment coming from the inmate and their family towards you. The prison... 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
I was questioning the ability to receive monies owed if the time limits are reached
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answered on Jan 17, 2024
In California, the statute of limitations for claims by beneficiaries against an estate or trust varies depending on the nature of the claim. Generally, for a trust, a beneficiary must file a claim within 120 days from the date a notification by the trustee is served if the trustee provides a... View More
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answered on Jan 17, 2024
Under California law, there is no fixed timeframe for the distribution of assets from a will or trust, as it varies depending on several factors. The process of settling an estate through probate can take anywhere from a few months to a few years. Probate is the legal process through which the... View More
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answered on Jan 16, 2024
In California, when a person passes away with an auto loan in their name, the loan does not automatically transfer to another person, including a spouse. The estate of the deceased is responsible for the debt. If your mother wishes to use and eventually sell the car, the loan must be addressed.... View More
In the case I am asking a question about, the court prescribed fiduciary has been seemingly intruding in the bill paying that the primary has been taking care with the help of a long term friend and there is no evidence that there is need for the fiduciary.
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answered on Jan 16, 2024
In California, if a court has appointed a fiduciary, such as a power of attorney (POA), the individual who granted the POA typically cannot unilaterally remove the fiduciary. This is especially true if the individual's capacity to make such decisions is in question, which is often the case... View More
16 months now and we haven't received any trust accounting. And the trustee doesn't give us schedule of assest. We sent them emails multiple times requesting for accounting but no response. One of my cousin is listed as co-trustee but they never ask him to participate. They keep my... View More
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answered on Jan 15, 2024
In situations where beneficiaries of a trust are not receiving proper accounting or communication from the trustee, it is important to know your rights. Under trust law, beneficiaries are typically entitled to certain information about the trust, including accounting details and the schedule of... View More
We believed that the number1 trustee listed is doing manipulation of the trust. Trustee is not responding to our request for trust accounting. What is the role of a co-trustee. We want my cousin to exert his right as a co-trustees to have a check and balance. Recently the trustee sold a property... View More
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answered on Jan 14, 2024
Under California law, a co-trustee has the same rights, duties, and responsibilities as the primary trustee. This includes managing the trust's assets, ensuring the trust's terms are followed, and acting in the best interests of the beneficiaries.
Your cousin, as a co-trustee,... View More
Mother doesn't want them in her house. Can I take possession?
There are 5 handguns. Purchased before 1990, so most likely pre registration mandates. Wouldn't be surpised if they are all not registered.
Family friend who is a police officer has taken posesssion and... View More
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answered on Jan 14, 2024
Based on the details provided, here are a few key considerations for transferring those firearms in California:
- Since your father passed away over a year ago, you cannot directly inherit the guns or add them to a parent/child family trust. Those processes require the parent to be alive.... View More
After my mother's passing we did not receive no money and he got remarried 6 months after my mom passed cuz he was cheating
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answered on Jan 14, 2024
Under California law, the distribution of assets like a 401K is governed by the beneficiary designations set forth in the account. If your mother's 401K designated her husband as the 100% beneficiary, then he is legally entitled to receive the entire amount, regardless of any other mentions or... View More
Family transfer. The owner sold it to a trust in her name and she died one week later. She had no family and I did everything from cleaning to grocery shopping for two plus years. They have asserted themselves in her life two months before she passed in nursing home they put her in. He has... View More
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answered on Jan 14, 2024
This situation raises serious concerns about potential elder abuse and fraudulent activities related to estate and trust management. In California, there are laws to protect individuals from such exploitation, especially in the context of probate and trust matters.
First, you should gather... View More
Never going back to her home. Two people/ old neighbors a mother and son took over her (everything). They conned her and are almost selling her house which he put to a trust in her name at his address. She had zero family they knew this because her daughter died a year earlier. Is it too late to... View More
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answered on Jan 13, 2024
Under California law, it's important to act quickly in situations like this. If you suspect that your friend has been a victim of financial abuse or undue influence, especially by someone with a questionable past, it's advisable to consult an attorney. An attorney can help investigate the... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
In California, the determination of whether an older person is incapacitated and in need of a fiduciary isn't solely based on their ability to perform daily tasks or manage finances with assistance. Incapacity typically refers to a person's inability to make decisions or manage their... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More
What if there is no debt but one or more persons are contesting, should I not sign the waiver?
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answered on Jan 11, 2024
In California, when considering whether to sign a waiver of bond in a probate matter, it's important to understand the implications of this decision. A bond in probate serves as a form of insurance that protects the estate against potential mismanagement or malfeasance by the executor or... View More
My husband and I legally separated years ago and physically separated over 5 years ago (he moved to another state) If he dies in that state can a sibling in that state claim his body and can I still receive a death certificate for matters that require filings. There is no will.
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answered on Jan 4, 2024
In California, when a person dies without a will, the right to claim their body typically falls to the closest next of kin. As a legally separated spouse, you generally retain some rights, but these can vary based on specific circumstances.
If your husband passes away in another state, the... View More
My father retired from the railroad after 40 years of service and my cousin tried to tell me dad didn't have any life insurance. I just located at the State treasuries office unclaimed money in my father's name .premium payments of 600 bucks a month on two different policies . Do I have... View More
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answered on Jan 4, 2024
Under California law, if you believe an executor has not fulfilled their duties or has acted improperly, you have the right to take legal action. An executor is legally obligated to manage the estate according to the law and the wishes of the deceased, and failure to do so can constitute a breach... View More
On the title of the property it lists my mom her husband and my sister all of them are deceased and no will for her property established and now there are squatters living in the house how do I prove my right to it and get them out
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answered on Jan 4, 2024
The answer depends in part on exactly how those three individuals held title. Were they joint tenants with right of survivorship? Were they tenants in common? Or something else? The answer to that question will determine how many probate cases need to be filed. The number could be anywhere from... View More
On the title of the property it lists my mom her husband and my sister all of them are deceased and no will for her property established and now there are squatters living in the house how do I prove my right to it and get them out
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answered on Jan 4, 2024
In California, if a property owner dies without a will, the property typically passes to the closest relatives under the state's intestate succession laws. As the only living child of your mother, you may have a claim to the property. To establish legal ownership, you'll need to go... View More
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