Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Estate Planning Questions & Answers
3 Answers | Asked in Probate, Civil Litigation and Estate Planning for California on
Q: Sister executor stole inheritance, no probate done. What can I do?

My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More

Keith J. Moten
Keith J. Moten pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

This is a tough one, but you have a couple of options. You can file a Petition for Probate and allege that your father died intestate (with no will), since you haven't seen the original will. If there is no original will, then the Court will presume that the will has been lost.... View More

View More Answers

3 Answers | Asked in Probate, Civil Litigation and Estate Planning for California on
Q: Sister executor stole inheritance, no probate done. What can I do?

My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More

Christopher R. Milton
Christopher R. Milton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

You indicated that probate has not been opened yet. You should immediately retain an attorney and open probate and seek to have yourself appointed as the administrator of the estate (alleging no will). This will enable you to gain immediate control over the estate. Once you obtain the... View More

View More Answers

4 Answers | Asked in Estate Planning, Business Formation and Business Law for California on
Q: How can my wife continue our business if I die as a sole proprietor?

What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2025

As a sole proprietor, all of your business assets are your assets. There is no separate entity. At a minimum you need a will that leaves your business assets (or everything you own, if that is your desire) to your wife when you die. But you should seriously consider creating a revocable living... View More

View More Answers

4 Answers | Asked in Estate Planning, Business Formation and Business Law for California on
Q: How can my wife continue our business if I die as a sole proprietor?

What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.

Julie King
Julie King
answered on Mar 18, 2025

There are a number of ways a person can take over another person's business, including through a Trust or Will, by incorporating or forming an LLC and having specific language in the legal documents, etc. The law in California is that anyone with "probatable" assets valued at more... View More

View More Answers

3 Answers | Asked in Estate Planning for California on
Q: How can I change my will to prevent current heirs from inheriting my property?

I am a 94-year-old single woman with a home valued at $450,000. I previously had a will but cannot find it. In the past, I expressed in writing that I wanted the house to go to my daughter and a granddaughter. Now, I want to change my decision and ensure none of my grandchildren or my daughter... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 17, 2025

You can make a new will, revoking any and all previous wills. That is the quickest and easiest way to make your wishes known. You should also consider a consultation with an estate planning attorney to see if another vehicle, such as a trust, might be advantageous. You can also make an advance... View More

View More Answers

2 Answers | Asked in Estate Planning and Public Benefits for California on
Q: How to inherit from a trust while maintaining government benefits in CA?

As a beneficiary of a trust, I am currently receiving assistance from government programs (SSDI/SSI, Medicare A & B, CalFresh, and Section 8) in California. I want to understand the best way to collect my inheritance while maintaining my services. The trust includes mentions of government... View More

Julie King
Julie King
answered on Mar 16, 2025

It is difficult for a lawyer to answer questions without having all the facts of a situation, but it sounds like a Special Needs Trust ("SNT") may be the best option for you. The purpose of SNTs is to provide funds to someone receiving government benefits without disqualifying them from... View More

View More Answers

2 Answers | Asked in Estate Planning, Probate and Family Law for California on
Q: Why do I need a request for order for a posthumous QDRO and its format?

I am the ex-spouse and previous power of attorney for a deceased individual. I need a posthumous qualified domestic relations order (QDRO) and am wondering why a request for order is necessary. Is there a specific format for a posthumous QDRO?

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 12, 2025

As I said in my response to your similar inquiry -- both parties sign the QDRO. It is a stipulated order. To get a deceased person to sign the QDRO, a successor in interest needs to be designated and then sign on behalf of the estate. You do not necessarily need a Request for Order. Instead,... View More

View More Answers

3 Answers | Asked in Estate Planning and Probate for California on
Q: Debt liability on recipient of gifted loan after death.

If I take out a personal loan and gift the money to someone else, can it be collected from the recipient if I pass away?

Julie King
Julie King
answered on Mar 10, 2025

When someone passes away and leaves assets, those assets are called the deceased person’s “estate.” The executor or trustee of the deceased person’s estate will be responsible for repaying all of the deceased person’s debts whether or not the deceased person had a trust or will. (The... View More

View More Answers

4 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: Can I file for bankruptcy with inherited home unrelated debt?

I am the executor/trustee of an estate and have inherited a home. However, I am considering filing for bankruptcy to clear my personal debt, which includes credit card and personal loan debts, unrelated to the estate or home. I am currently employed and have not previously filed for bankruptcy. Can... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 28, 2025

Eligibility for the different chapters of the Bankruptcy Code are in Section 109.

Here are two helpful sitess:

www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c...
View More

View More Answers

2 Answers | Asked in Estate Planning and Business Law for California on
Q: Can I take LLC membership title as community property from trust in CA?

I am the beneficiary of a trust in California, set to inherit a membership in a multi-member LLC. I want to take title of this membership interest with my wife as community property. The trust names me as a beneficiary but doesn't require the LLC membership to remain solely in my name. The... View More

Julie King
Julie King
answered on Feb 28, 2025

It is a common mistake for a beneficiary (the person who benefits from a trust by receiving an inheritance) to believe that an asset belongs to them even though it is still located in another person’s trust. But, while the asset is in another person’s trust, the asset belongs to the trust. It... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Estate Planning for California on
Q: Seeking expert witness for medical malpractice involving Baclofen prescription error.

I am currently suing my doctor for medical malpractice due to a prescription error. The prescription was for Baclofen 20mg, to be taken three times a day. I am 78 years old and suffer from stage three kidney disease, yet Baclofen is contraindicated for patients like me. After two days of taking the... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 24, 2025

There are many ways to find expert witnesses. These include asking doctors you know to recommend someone. Searching past cases to see what experts testified. There are also companies that have a roster of experts.

All of these methods, have the same problem that you have run up against....
View More

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: Cost of setting up a trust in California for home and investments

I am in California and I want to set up a trust for me and my husband to ensure our assets go to the persons and charities we choose. We want to include our home and all our investments in this trust. We also have specific beneficiaries and wish to complete this within this year. I have not yet... View More

Julie King
Julie King
answered on Feb 22, 2025

It depends on where you are located. I have friends in Orange County who charge $7,500 and up for two people. I’m in Monterey County and we are closer to $5,000 for a married couple or registered domestic partnership. Be sure to ask what you get for that cost. My firm, for example, gives 12-20... View More

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: How to get legal authority for burial changes with incapacitated parent in CA?

I need guidance on obtaining a power of attorney or alternative legal authority to rearrange burial plans due to my father being medically incapacitated. Specifically, I aim to move my deceased sister from a mausoleum to make space for my father, as he is unable to provide notarized approval due to... View More

Julie King
Julie King
answered on Feb 21, 2025

Once someone has lost their mental capacity from a legal standpoint (a physician should make that determination in writing), then the only way to make decisions for the incapacitated person is to become their conservator. I no longer handle conservatorships, but there are plenty of lawyers on... View More

View More Answers

2 Answers | Asked in Probate and Estate Planning for California on
Q: How can my mom claim assets without a will in California?

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

Julie King
Julie King
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

View More Answers

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: Can I use inherited money to help daughter's mortgage in CA?

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

Howard E. Kane
PREMIUM
Howard E. Kane
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

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Do my parents need to update their will if they gift me the house?

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?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
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

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: See below

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

Julie King
Julie King
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

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: I'm just looking to see if ever had a trust or inhearitance from my father I was never notified

it would be from 1996 or 97

Julie King
Julie King
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

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Do both co-owners of a house have to sign the form for a homestead declaration in California?

Do both co-owners of a house have to sign the form for a homestead declaration in California?

Phillip Todd Zagotti
Phillip Todd Zagotti
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

View More Answers

3 Answers | Asked in Estate Planning, Foreclosure and Real Estate Law for California on
Q: I’m the primary beneficiary and executor of a living trust, I was left a house with a mortgage that I am not

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?

Julie King
Julie King
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

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.