The case relates to who is allowed to bring a claim in Probate Court to challenge the validity of a trust or trust amendment.
As a quick background, the law only allows certain people to sue for certain things. For example, If a lady loans her lawnmower to her neighbor and the neighbor... Read more »
...because they know how things work in that county, they know county staff if document issues arise, and their travel fees will be lower?
Do you mean to do the Probate, or to do the planning?
For Probate, then yes local will be best.
For estate planning, find someone you are comfortable with. Location won't matter.
My mother recently passed away and I am her sole beneficiary in a revocable trust (which is now an irrevocable trust on her passing). The trust contains two CDs and an annuity. When the trust was made, the lawyer that made it advised me to close these accounts and re-open them in accounts in my... Read more »
Consider:
1. Estate income tax uses a different type of accounting than personal income tax.
2. Transferring your trust assets to your personal ownership will collapse your tax return obligations into one personal income return with which you are already mostly familiar.... Read more »
Probate Code section 6132.
You can amend a living trust without using an attorney. However, it can be wise to seek counsel in order to make sure the change is done correctly and doesn't have any unintended consequences to your plan.
Although you and your husband can make changes to your trust, it is important to review the changes with an attorney to make sure that there are no unintended consequences, and to make sure that the changes are done in a manner that makes them legally effective and not likely to cause confusion or... Read more »
Attorney for mother who suffered abuse and injury that led to death requested that court relieve him from duty and was denied. The daughter who brought the case refuses to release him. Attorney then contacted the uncle and something was discussed. We were just informed by attorney that he... Read more »
Why would you want an attorney to continue to work for you or your mother despite that attorney clearly wishing to resign? How zealous do you think that attorney will be for your cause if you are forcing him to perform against his will? Slavery comes to mind.
Dad passed away recently.
My condolences for your loss. Under California law, the Successor Trustee is required to send the heirs and trust beneficiaries a copy within 60 days of the trust becoming irrevocable (i.e. the death of the creator of the living trust). Seek counsel if your brother won't comply. Sometimes... Read more »
No special circumstances that might cause a delay.
If the estate administrator has not yet filed a petition for probate, there's no requirement to send a copy of the Will to anyone, including the children. If anyone is in possession of an original Will, there is however a requirement to lodge (file) that original Will with the probate court... Read more »
Her brother died, he was 75 and had no dependents. Mom is the next of Kin. She receives her deceased spouses SS Retirement benefits that started when she retired at 62. She was left to take care/close out his banking and found out he had a 401K and an IRA. She is a beneficiary on one and had to... Read more »
It depends a great deal on what kind of benefits she is receiving. If she truly is receiving Social Security survivor RETIREMENT benefits, then the inheritance will not impact her benefits eligibility at all. If she is receiving something else, like SSI, the inheritance would impact her benefits... Read more »
2 days ago my brother told me that our dad died last March. I live in Missouri and my brother was in prison at the time.The coroner told me that our dad's mom made arrangements for everything. My father told me that there were things he was wanted me to have (pictures and a car). I'm the... Read more »
In California, the decedent’s children are the intestate heirs of the decedent and not the decedent’s parents. If dad died testate (with a Will), the beneficiaries under that Will are entitled to his property. Demand to know why your dad’s mom thinks she’s entitled to the property. If... Read more »
Father-in-law is Bill. His 1st wife is Mary. They had a trust that owned 20 rental homes. Beneficiaries were 3 kids. About a year after Mary died, Bill remarried. Ten yrs later, Bill and second wife Joyce created a trust. At that time, 10 rentals were put in a "B" trust (Mary's... Read more »
The 'B' subtrust of the Mary and Bill trust, holds ten properties.
Joyce presumably has a right to periodic income from rents.
Could a loan be arranged using equity based on one or more properties to secure a loan, which would be repaid on the death of Joyce?
This... Read more »
We both want to be able to remain in the home, make improvements, or sell if the other passes away. He wants to ensure his children to receive his share of the proceeds if the house is sold after his death. We may get married and have more children in the future. What is the best ownership... Read more »
TIC, or put it in a Trust.
Joint tenancy would mean that when A dies, B gets it all. B may not remember or want to give assets to the children of A. B might just meet a new person after the funeral and forget A completely! It happens, and poor A's kids get left out in the cold.... Read more »
my 64 year old sister took out several student loans about 15 years ago. At that time, she was diagnosed with advanced stage ovarian cancer. She survived the cancer, but the treatments wiped her out financially and can no longer work. She has no income, no savings, and can't get a job due to... Read more »
Your question cannot be answered with only the information you have provided. Your will need to get a more in depth analysis with both an estate planning attorney and an accountant. And perhaps a bankruptcy attorney. Any money spent now will reap huge rewards down the road. Hopefully you are using... Read more »
just found out i was part owner, brother kept trust from me.
If you hold title to the property as tenants in common (both of your names are on the deed), then both of you have the equal right to the use and possession of the property absent an agreement between the two of you to the contrary. But if this is trust owned property and your brother is trustee... Read more »
No, back-ups cannot be named.
The account has no one else on it but i am the inheritor, am i entitled to the money from that account.
If you are the sole beneficiary of the will, and if the account had no designated death beneficiary, then yes you are entitled to the account. There is a legal process required to claim it. A probate attorney can help you with this.
My dad is 83 and does not want to live in a care facility. I believe my mom may have a durable power of attorney.
My dad feels that my mom is not capable of representing his needs.
My dad was in a care facility and was assaulted by another patient. As a result he was hospitalized.... Read more »
The key to your situation will be: (1) the language in your father's health care directive and durable powers of attorney; and (2) if your father has sufficient mental capacity to handle his own health care (and/or finances). There is a legal standard that must be met to ensure people... Read more »
Her brother died of Covid on January 19th. My wife then died of Covid 4 days later. What happens to the 401k account? Her brother had a daughter, but she wasn't listed as a beneficiary. Does the 401k pass to the daughter, or does it go to my wife's estate?
It should go to your wife's estate.
A Will or a Trust normally has provisions regarding this sort of situation, but unless the 401K administrator had the brother sign something unusual, then the money would still go to the estate of your wife. But check with the administrator.
My father passed away in October, 2020. He is a resident in Santa Barbara County. I have a probate case filed with probate branch in Santa Barbara County. I received a Homeowner Exemption termination Notice from county assessor's office. I live in Texas. I would like to know which option... Read more »
Since your father passed away before 2/15/2021, you should qualify for the parent to child reassessment exemption under California Prop 13/58 regardless of whether this is your principal residence, a second home, rental home, or commercial property. The homeowner exemption merely reduces your... Read more »
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