Get free answers to your Estate Planning legal questions from lawyers in your area.
My father recently passed away without leaving a will, and my mother is concerned about how to obtain the assets he intended for her. They have two adult children, aged 37 and 33. There has been no probate or court involvement yet. How can my mom proceed to claim the assets intended for her without... View More 
answered on Feb 19, 2025
It is difficult for a lawyer to answer your question without knowing a lot more information, including: what assets he had at death; and the assets’ collective dollar value. Real estate is transferred in a different way than a car, for example. To determine if the deceased person’s estate must... View More
I am inheriting money and would like to help my daughter by putting money towards her mortgage. However, my sister mentioned that someone in financial aid said I might not be able to gift my money away. Are there legal restrictions that could prevent me from using my inheritance to assist my... View More
answered on Feb 18, 2025
This is a tax question. Gifts of cash can trigger a gift tax and require the filing of a gift tax return according to the IRS website. One possibly end around may be for the inheritance to pass directly through to your daughter. I would consult with a tax adviser and the estate attorney regarding... View More
My parents created a will with a lawyer ten years ago that included their house. They now want to move to a senior community and gift me the house so that I can live in it and stop paying rent. Do they need to update their will to reflect this change?
answered on Feb 13, 2025
Never gift away large assets!
This is all about your tax basis in the asset. The tax basis is the amount the IRS uses to figure out your profit when you sell, so they can tax the profit. Usually, this amount is the purchase price.
If you give someone an asset, you also give them... View More
My husband and I have lived with my mother for 15 years. we pay all iof the household bills. The house is in a trust in my and my sister's name. When my mom dies, we both want to sell the house. While my husband and I look for a place to live, we plan on living in the house and paying all of... View More
answered on Feb 10, 2025
You didn't say if your half of the home is in your trust and the other half in your sister's trust (which is the most common way to do it if you already own the property) or if the property is in your parent's trust but your sister and you are named as beneficiaries of the property... View More
it would be from 1996 or 97
answered on Feb 4, 2025
There is no way to know if you were entitled to an inheritance if your relative had a trust because trusts are not filed anywhere unless there is a claim brought, in which case there would be a Petition (think, "lawsuit") filed with the local Probate Court. Wills, however, are supposed to... View More
Do both co-owners of a house have to sign the form for a homestead declaration in California?
answered on Feb 3, 2025
Both co-owners do not necessarily have to sign the homestead declaration.
If the co-owner is a spouse, only one spouse needs to sign.
If the co-owner is unrelated, you can protect your interest in the home as long as it is your primary residence.
In this case, you will... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
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answered on Feb 2, 2025
As long as you keep making the payments on time the lender cannot foreclose or call the loan due. You also are not obligated to assume the loan. This is federal law that applies if you are a family member of the deceased. If you were not related to the deceased then you might consider selling the... View More
The mortgage is over a hundred thousand dollars, I am not on the mortgage and I don’t qualify for a loan and neither does any of my family members, is there any hope of saving the house or must it be sold?
answered on Feb 2, 2025
More information is needed to properly answer your question. One thing to note is that all debts and taxes must be paid before real estate may be distributed to the beneficiary (assuming the real estate was solely in the deceased person’s name.) So, if someone passed away and left only $10,000 in... View More
Our deceased parents (died in 2015) California house is still in that trust and qualifies for Proposition 13 taxes rates. What happens to the property tax rates if we rent out the house, still owned by the trust?
answered on Jan 31, 2025
Everyone who buys real estate in qualifies for Proposition 13. There have been attacks on Prop. 13 ever since it was passed including a false claim that Prop. 13 only applies to people who bought homes in the 1970’s. That is NOT accurate. Everyone who buys real estate in California qualifies.... View More
My deceased father is named as a beneficiary on my deceased grandmother’s living trust and my uncle is also named. Would his children be able to inherit his share or would it go to my uncle? This is happening in California. I know the trust language matters and I should look for “per stirpes”... View More
answered on Jan 27, 2025
Please know people can do whatever they want with the assets they own. There is no automatic right for children to inherit their parents’ assets. You can do whatever you want with the things you own; no one can require you to spend it or give your assets to a particular person or entity —... View More
No owned property, my father had a mobile home titled through CA DMV which transferred to myself on the Title after his passing. He had no vehicles, no assets. I have contacted all of his creditors there will be no probate, and no assets to collect from. One creditor filed form DE-172 and mailed... View More
answered on Jan 24, 2025
When someone passes away, all debts must be paid and final tax returns filed BEFORE anyone can inherit the deceased person’s assets. There are a few exceptions to this rule, such as assets titled in joint tenancy, but I wouldn’t know if any of the exceptions apply because there isn’t enough... View More
Her Part and my mom has a living trust and am her benificary. Can my aunt still evict me out of the property even thought my mother wants me to stay
answered on Jan 23, 2025
The answer to your question will depend on the language in the two trusts you mentioned. I have several points that may help.
First, people cannot control something they don't own. I cannot control who gets to use your car because I don't own it. In your situation: (1) your mother... View More
My father and aunt were named as getting his house. My dad has been living in it. He just passed recently himself and we are trying to figure out if my grandpas will needs to be filled, should be filled, and ultimately what happens to the house.
answered on Jan 22, 2025
What happens to the house depends on a few factors. First, the way in which the deed was drafted may have an effect on the ownership of the house. If any other individuals were listed as joint tenants with right of survivorship or as tenants in common, then the property may pass wholly or partly to... View More
There are 5 beneficiaries including myself. Her properties were left to me and the funds in her accounts will be split 5 ways. The attorney has not been much help to me and rarely gets back to me. He advised me to make necessary repairs in the beginning as the properties are rentals and in very,... View More
answered on Jan 30, 2025
I am sorry to hear you are in this situation. Many trustees are left in untenable financial situations without clear options, and you are not the first successor trustee to consider using their own funds to cover trust expenses.
The trusts expenses are absolutely not your personal... View More
their house (in CA) is in the trust. 2 years ago dad died and mom declared incompetent (dementia), at that time an estate plan lawyer did the trust certification that brother and I are now the succesor trustees-but (i think) our names werent put on the title yet, A refinancing was done last year to... View More
answered on Jan 13, 2025
The lawyer is right if neither your brother or you will move into the home and make it your primary residence. This resulted from a ballot initiative a few years ago that was called, in essence, the Home Protection for Severely Disabled, Elderly and Victims of Natural Disasters, otherwise known as... View More
She says there's no will & she tells me to be out so she can sell it. I'm located in Hemet CA
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answered on Dec 23, 2024
If there is no will, she definitely isn't an executor as an executor is only appointed through a will. If she is the court appointed estate representative of your deceased parent's estate, she can only remove you with a court order. At some point in time, she can can remove you though and... View More
Yes, I'm going to work with a lawyer. I'm just trying to be informed and have some understanding.
Parents trust is old (2003) and says *if* the trust estate exceeds the estate tax exemption, then create A/B trusts. B trust gets lesser of 1/2 of estate or the estate tax exemption.... View More
answered on Dec 19, 2024
Lawyers cannot give opinions on trusts, contracts or other specific legal documents without reading the document. It's like giving someone a few pages out of a book and asking what the outcome will be. I'm sorry about that! Terms can be defined differently from one trust to another, so... View More
Our irreversible trust provides that our daughter gets our home. She is of the opinion that she wants us to be able to sell the home to -rovide for senior care and residential care.
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answered on Dec 16, 2024
Often the whole point of an irrevocable trust is to avoid having to sell the home to pay for care, thus ensuring that your children will at least inherit the home if nothing else. Your care is paid for out of savings and when that runs out then Medicaid picks up the tab. When you pass your... View More
Three of us joint tenants in California would like to put our home in the family living trust.
We plan on keeping our home in our family for generations to come.
Do you recommend one deed over another: grant, warranty, quitclaim, etc.?
Can any of the deeds cause issues for... View More
answered on Dec 13, 2024
Two quick points. First, each person needs his/her/their own trust. Person A should not put their asset into Person B's trust. Person B should put their share of the property into Person B's own trust. Second, if you don't prepare the documents EXACTLY as required by law and county... View More
My aunt passed away recently. Not rushing for the money, just have been told so many different things/answers. Will her estate be distributed between living siblings only or will funds be distributed to deceased siblings via their children, as well? Everything is in California, There is no trust,... View More
answered on Dec 10, 2024
Lawyers would need a lot more information before they could answer to your question. For example:
* Did your aunt live in California? [Laws are different in different states.]
* Did your aunt have a Trust?
* Did she have a Will?
* What is the dollar... View More
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