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answered on Nov 29, 2023
To locate a trust account opened by your mother, start by gathering any existing documents or information related to her financial affairs. This might include bank statements, financial advisor contacts, or any other paperwork that could indicate where the trust might be held.
If you have... View More 
Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money... View More
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answered on Nov 29, 2023
It sounds like you're concerned about possible attorney misconduct or self-dealing in the sale of your father's home. If the lawyer sold the home for significantly less than its market value, especially to a friend who then resold it for a much higher price, this could raise questions... View More
Myself my brother and step brother are the recipients of our parents estate, divided equally 1/3 each. Everything has been distributed except the house. My brother is Trustee, stepbrother is co trustee. Step brother is planning on useing a friend new to real-estate to sell the house. My brother... View More
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answered on Nov 27, 2023
In California, as a beneficiary of the estate, you do have rights regarding how the estate, including the house, is managed. If your stepbrother, as co-trustee, is making decisions that you believe are not in the best interest of the estate or are potentially self-serving, you can take action.... View More
My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More
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answered on Nov 24, 2023
In California, when inheriting property, it's crucial to understand your legal rights and options. Since the property was co-owned by your mother, and you are her heir, you have a rightful claim to her share. Before signing over any part of the property, it's highly advisable to consult... View More
My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More
answered on Nov 29, 2023
There are a number of legal issues here. First, no one can verbally give away rights to real estate. The law says that all transfers of real estate MUST be in writing and signed by the person who is giving up their rights to the property. So, any verbal statement your mother made about you... View More
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answered on Nov 23, 2023
Under California law, if the property is held in a living trust and you are the designated successor trustee, your role is to manage and distribute the trust's assets according to the trust document's terms. This is typically outside the scope of probate, meaning the court-supervised... View More
answered on Nov 29, 2023
If the person who named you in their trust has passed away and you are listed in their trust as the first successor trustee, you should be the trustee unless your sister's petition is successful. No one can successfully petition the court to take over a deceased person's estate simply... View More
Domicile is in California. Dad is 91 and the trustee. Funds have been removed from irrevocable trust in which myself and two brothers were to be equally compensated. He appointed the proceeds of the real estate to himself and his own trust but never recorded anything. He never gave a copy of the... View More
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answered on Nov 17, 2023
Under California law, a trustee cannot arbitrarily remove a beneficiary from an irrevocable trust by invoking the "changed circumstances" doctrine to defund it. Such trusts are typically designed to be unalterable, and the trustee's role is to manage the trust assets according to the... View More
now we expect home insurance claim checks that can only be addressed to her name. I am confident that I can petition the court for Letters or Testamentary on my own. But I want to be sure that the court will only consider this property that needs their appointment, specifically the insurance... View More
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answered on Nov 15, 2023
In California, as a trustee of a living trust, dealing with assets like insurance claim checks made out to the deceased can be managed through the probate court.
When you petition for Letters of Administration (not Testamentary, as those apply to wills), the court's focus will... View More
After Petition for Ownership filed, case no & court date - explain the 60 day period for trust assets before court ruling
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answered on Nov 13, 2023
In California, after a Petition for Ownership regarding a living trust is filed, and a case number and court date are assigned, there is often a 60-day period before the court ruling. This period is crucial for notifying interested parties, including beneficiaries and heirs, about the proceedings.... View More
Do I have a legal right to the home even if I have my brother admit she wanted me to have the home?
answered on Nov 13, 2023
No, unfortunately. All real estate transactions MUST be in writing and signed by the person giving up their ownership. That's the law. Hopefully, your mother had a Trust (not a Will) and the Trust says you will receive the property. Otherwise, it's likely the property will be divided... View More
Do I have a legal right to the home even if I have my brother admit she wanted me to have the home?
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answered on Nov 13, 2023
In California, the distribution of a deceased person's assets is generally governed by their will or, in its absence, by state intestacy laws. If your mother did not put her intention to leave you the house in writing, it becomes challenging to establish your sole legal right to the property.... View More
He didn't contact his brothers regarding her house and everything is in his name, Do I have options Thank You
answered on Nov 8, 2023
If the title to the home is in your brother's name, either your mother willingly signed the deed over to him or something may have been done that may be legally questionable. If you truly believe that your mother would not have given the house to that one brother, then there are questions... View More
He didn't contact his brothers regarding her house and everything is in his name, Do I have options Thank You
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answered on Nov 8, 2023
If your mother passed away without a will, her estate would generally be subject to California's intestate succession laws, which dictate how her assets are distributed among her surviving children.
If your brother has taken control of the estate without proper authority or has failed... View More
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answered on Nov 8, 2023
Funds coming out of a traditional (non-Roth) IRA or 401k are taxable whether taken out during life or when withdrawn after death. If all of your beneficiaries are natural persons then they will be required to make withdrawals from the traditional/taxable IRAs that you leave to them on a specified... View More
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answered on Nov 8, 2023
When considering gifting to your heirs to reduce taxes after your death, you should be aware of the different tax treatments for each type of account. Distributions from tax-deferred accounts, like traditional IRAs, are taxable to the recipient, whereas Roth IRAs offer tax-free distributions if... View More
The question pertains to a trust that will have some money after a house is sold.
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answered on Nov 8, 2023
In California, if a deceased parent’s estate owes money to an adult child, the debt to the child is generally treated as a claim against the estate. Upon the sale of a house belonging to a trust, the trustee must adhere to the terms of the trust and relevant state laws to settle debts.... View More
In California, What form would I file along with my proof of deed, DPOA, and bill of sale from 3 years before death of owner (to prove my ownership of the property) in order to counter/oppose an Order determining Trust ownership of property and for order authorizing and directing the transfer of... View More
answered on Nov 5, 2023
If a lawyer tells you the names of all the documents you need to file with the court, it will not help you unless you know how to draft the documents and what elements must be included in each one. In your situation, you really need an attorney to advise you because you could potentially have... View More
In California, What form would I file along with my proof of deed, DPOA, and bill of sale from 3 years before death of owner (to prove my ownership of the property) in order to counter/oppose an Order determining Trust ownership of property and for order authorizing and directing the transfer of... View More
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answered on Nov 5, 2023
In California, if you need to counter an order determining trust ownership and seek an order authorizing the transfer of property to an individual instead of a trust, you would typically file a petition or objection in the probate or civil court handling the trust proceedings. This should be... View More
He took every penny of my inheritance by charging me rent for staying in our mothers house. My brother asked me to stay rent free until probate ended, this was in front of our 2 other brothers and one brother filed an objection with probate court stating this as well so I have testimony from... View More
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answered on Nov 4, 2023
It's important for you to seek legal advice from an attorney who can assess the details of your case regarding the alleged breach of fiduciary duty by your brother. You may want to contact your local bar association for a referral to a lawyer who handles probate and estate disputes. It's... View More
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