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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Selling CA home. Deed in my name only. We live in NV. Does comm prop law protect my spouse if I die during sale process?

I just acquired house from late father's trust. Been married 45 years.

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

Under California laws, Assets obtained through heritage are separate properties even if during marriage.

The house was obtained through a trust from your father. It would be probably a separate property, rather than a community property if you lived in...
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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Selling CA home. Deed in my name only. We live in NV. Does comm prop law protect my spouse if I die during sale process?

I just acquired house from late father's trust. Been married 45 years.

James L. Arrasmith
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answered on May 21, 2024

Since you acquired the house from your late father's trust, it is likely considered your separate property rather than community property under California law. However, there are a few important considerations:

1. Commingling: If you use any community funds (e.g., income earned during...
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2 Answers | Asked in Estate Planning for California on
Q: Im a beneficiary and have no I. D or bank account. Is there any way other than a check that i can receive my money?

Is there another way to cash it with out id or bank account?

James L. Arrasmith
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answered on May 20, 2024

If you are a beneficiary in California without an ID or bank account, there are a few potential options for receiving your funds besides a traditional check:

1. Prepaid debit card: Some benefits programs may offer the option to receive funds on a prepaid debit card. You would need to check...
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2 Answers | Asked in Estate Planning for California on
Q: Im a beneficiary and have no I. D or bank account. Is there any way other than a check that i can receive my money?

Is there another way to cash it with out id or bank account?

Karn Thapar
Karn Thapar
answered on May 20, 2024

Distributions to beneficiaries do not necessarily have to be via check. They could be paid in other forms. However, depending on the estate matter, the individual providing the distribution may require a receipt.

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1 Answer | Asked in Estate Planning for Texas on
Q: What is my duty for determining if my half-sister inherits the mausoleum I just discovered my dad bought long ago?

My dad bought a mausoleum for two caskets in Virginia about 1972 for him and my mom, with my sister and me mentioned in the deed. He and my mom divorced about 1975, and he remarried a few years later, to a woman who already had a daughter. I don't know if dad had a will that included his new... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

While you have no duty to do anything, you could become guilty of theft by fraud if you sell the interest in the mausoleum and your dad left his interest to someone other than you.

You say that you and your sister are "mentioned" in the deed. If not apparent from the language...
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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I live on acre land for 12 years it's in my and brother name now brother trying to sell is he allowed too I verbaly told

It was mind brother trying to take mom got all timer and brother making decisions for her

Ben Corcoran
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Ben Corcoran
answered on May 20, 2024

Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My little sister born in Iowa and has her entire family in Iowa except a sister who lives in West Virginia.

My little sister moved to Ohio and got married and has been separated from her husband for over 5 years and now her husband is incarserated and has been for 8 years They have a son that is 16 She just recently was in a car wreck that took her life ..and now for next of kin with him in prison should... View More

Aaron Epling
Aaron Epling
answered on May 20, 2024

Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act... View More

4 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

James Clifton
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James Clifton
answered on May 19, 2024

1. Changing the Deed and Reassessment

When your mom, the original trustee, passed away, as the successor trustee, you typically have the responsibility to manage and eventually distribute the trust's assets according to its terms. Here's what you need to consider regarding the...
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4 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

James L. Arrasmith
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answered on May 19, 2024

Based on the information you provided, here are the answers to your questions under California law:

1. Changing the deed:

Since the house was already in the trust with your mother as the trustee and you as the successor trustee, the property should automatically pass to you as the...
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4 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

Julie King
Julie King
answered on May 19, 2024

The previous lawyers gave you good information. As I often tell my clients, there’s a legal answer and a practical answer to your question and those answers are often different. Legally, there is no requirement that you change title to your name as trustee. But, some realtors, mortgage companies... View More

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4 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

Rebecca Sommer
Rebecca Sommer
answered on May 20, 2024

I want to clarify something in your question which impacts the answer. Your question is around being the successor trustee which is what my colleagues have addressed (no requirement to change the deed to you as the successor trustee).

HOWEVER, you also mention that you are the only heir. If...
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1 Answer | Asked in Estate Planning and Elder Law for West Virginia on
Q: What happens to funds from an inheritance check, made out to the principal of a POA, that was deposited into POA account

As my grandmother’s POA, If I opened a savings account, solely in my name,

(to be used for her medical expenses/personal care items)

& deposited an inheritance check made out in my grandmother’s name; what happens to the funds remaining in account after she passes?

Nina Whitehurst
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answered on May 19, 2024

I would caution you against depositing a check made payable to your grandmother into an account that is in your name. That will look very much like theft or conversion. And that is the case even if you really only do use the money for your grandmother’s benefit. It is very risky for you.... View More

2 Answers | Asked in Legal Malpractice and Estate Planning for California on
Q: Do I have any recourse against Trust Attorney/DPOA that change the trust that was intended to be signed

The trust that had been consistent with beneficiary distribution for five weeks changed massively in the 25 minute meeting to sign the trust and left with no trust. When requested it was evident what happened and the request was made to send the correct trust With the minor changes that we’re... View More

James L. Arrasmith
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answered on May 19, 2024

I'm sorry to hear about the situation with your father's trust and his passing. This sounds like a complex and difficult legal matter. In general, under California law, you may have some potential avenues to challenge the actions of the attorney or agent acting under a Durable Power of... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Estate Planning / Real Estate Law...Prop 13 & Prop 19

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

Julie King
Julie King
answered on May 18, 2024

Sorry to say, the only way to avoid a reassessment for property tax purposes is when property is transferred between spouses, parents and children, and/or grandparents and grandchildren IF the parents are deceased. There is no exemption in any law that says you can transfer property to a sibling,... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Estate Planning / Real Estate Law...Prop 13 & Prop 19

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

James L. Arrasmith
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answered on May 18, 2024

Under California law, transferring ownership of a property can have significant tax implications. In this case, there are a few key points to consider:

1. Prop 13: This proposition limits property tax increases on a property until there is a change in ownership. Adding a sister to the deed...
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1 Answer | Asked in Estate Planning and Tax Law for West Virginia on
Q: As my grandmothers poa, what can I do with an inheritance check for her?

My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to... View More

James L. Arrasmith
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answered on May 18, 2024

As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:... View More

1 Answer | Asked in Contracts, Estate Planning and Social Security for Utah on
Q: Can my SSI payee company who is paid for their services by Medicaid, refuse to print checks?

I am on SSI from the Social Security administration. I have a representative payee that's a company to receive my SSI and divvy it out to me on a regular basis. My payee issues me a weekly payment and has me use a debit card that I can use in the store or as an ATM. My payee is paid by... View More

James L. Arrasmith
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answered on May 17, 2024

It sounds like a frustrating situation. While representative payees have a lot of discretion in how they manage and distribute funds, they are supposed to act in the best interest of the beneficiary.

A few key points:

1. Payees should minimize fees when possible. If check printing...
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1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

3 Answers | Asked in Estate Planning for California on
Q: Any reasons why dying intestate in California wouldn't b a reasonable choice to eliminate task burden on family/friends?

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

James L. Arrasmith
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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....
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3 Answers | Asked in Estate Planning for California on
Q: Any reasons why dying intestate in California wouldn't b a reasonable choice to eliminate task burden on family/friends?

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

Julie King
Julie King
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

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