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California Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning for California on
Q: There are two executors for my family's estate, one of them is dragging the situation.

Executor 1 is billing the estate whenever she is taking flights and purchasing other things. The whole family can not see how much she is charging the estate. The attorney for the estate is really only working with her and not to the wishes of our relative who has passed. Executor 2 is being kept... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The short answer is: You can ask the executor to resign. If the executor agrees, then his/her resignation to must be done in writing and notarized. Then the will must be read to see who is next in charge. If what you are really talking about is a trust rather than a will, then you can ask the... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My sister (executor of trust) is denying me a piece of property because she believes I can't afford to build on it.

My father has three sons and a daughter, as well as two grandsons.

He owns three Parcels of land up in Humboldt County.

He hoped one of us would want to do something with one of the properties so he stated in his will that if any of his kids or grandsons wanted a piece of property... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

As a Trustee, your sister's powers and obligations are defined by the Trust document. If she is acting contrary to the express terms of the trust, you have many avenues to pursue, one being her removal, another being a court order for her to transfer property. None of these will be cheap or... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Hello my brother just past away. It was just me and him as children of our parents

Hello my brother just passed away we were the only 2 children. My parents passed away with no will before my brother passed away we had an attorney start a probate to divide my parents been property between us 2 but my brother passed before it was completed still in process. Now do I divide it with... Read more »

John B. Palley
John B. Palley answered on Jun 27, 2020

Brother's son gets brother's share. I am sorry for all your loss.

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2 Answers | Asked in Real Estate Law, Contracts and Estate Planning for California on
Q: I need to know what I can do tomorrow to stop this trustee from selling a house explicitly left to me. Is it in escrow?

There are three homes. Im staying in my mother's in ca. My wife lives and works in Arizona for 18 yrs. The other beneficiary is living in a condo. .Two weeks ago, the other recipient moved out. Im told by the trustee he needs to sell all homes. In the trust distribution, My mother gave me the... Read more »

Bahram Madaen
Bahram Madaen answered on Jun 27, 2020

The best way to stop him is to file a petition with the court and ask the court to remove him as a trustee.

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1 Answer | Asked in Estate Planning, Civil Rights, Elder Law and Legal Malpractice for California on
Q: Is it legal for a public defender to blatantly make the case for the other side?

We contested the personal and financial conservatorship of my mother. During the hearing, our court appointed public defender who spoke to my mother once, without me, totally made the case for the other side. Her speech definitely convinced the judge to grant conservatorship. She did not represent... Read more »

James Edward Berge
James Edward Berge answered on Jun 25, 2020

Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Small Claims for California on
Q: My grandparents willed their house to my mom and uncle. My mom quick claimed the house to my uncle, they were going to

Sell it. In the will no one was supposed to live in the house. It was to be sold. Now my uncle has cancer and my cousins are saying that my mom has no rights to the house. What can we do? They are being shady and greedy. I don't care about the money it's my mom's house also. They... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 24, 2020

Your mom has an uphill battle on her hands. After all, it appears for all intents and purposes that she gifted her share of the house to your uncle when she gave him the quitclaim deed. She probably did that without the advice of an attorney, because if it was her expectation that she receive... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: I have a question about a statutory will in CA. On page 1, paragraph 2, does it pertain to the residence in

the estate at the time of the will's making, or a residence that could be in the testator's estate sometime in the future?

Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

This question is impossible to answer without seeing the actual document that you are filling out. I assume you are trying to save money by filling out a statutory will, but if you have assets over $150,000, you should also consider getting a trust to save possible future probate fees for your... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: My father passed this month and I need advice with family members and estate I’m confused
Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

First look in your father's papers for a will or a trust or both. They should be all together in one place. They could be in a family safe or safety deposit box. Then you need to read them. The person in charge of the will is the "executor." The person in charge of the trust is... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Trustee never put 1/2 of the million estate Into a Trust for the beneficiaries, no accounting info.Time limit to sue?

I made my brother the trustee of our grandmothers million dollar estate. Ya screwed the whole family, stated he got greedy. My grandmother & I were very close, statements made by both my mom & grandmother they were scared of him as I was. Threatening kind of guy, in your face. Family drama... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

You posted this a month ago. Have you had this question answered? It is unclear from your statement whether a trust was actually signed by your grandmother or not. You say in the beginning: "I made my brother the trustee." That sounds like you created a trust. Did you sign one? You... Read more »

1 Answer | Asked in Estate Planning for California on
Q: I have a 20th Century non negotiable account certificate stating I am the sole shareholder, custodian for (my son).

Is it possible for the person who bought this for us to revoke or cash it in themselves without my knowing?

Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

Not likely that it can be cashed or revoked. An attorney cannot answer that question without looking at the actual document. As you probably know "non-negotiable" means it can't be cashed or transferred. It's locked in until a certain date. It was set up for the benefit of... Read more »

3 Answers | Asked in Estate Planning for California on
Q: How can my mother can remove her husband as executor for her individual trust and designate me instead?

My mother has had her husband (my stepfather) as the executor to her individual trust for 30 years, but due to his dementia he is unable to handle the responsibility after her death. When I use the word executor I'm referring to the person who will manage my mom's trust and assets after... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 18, 2020

The person who is in charge of a trust is a Trustee.

The person who is in charge of a will is the executor.

The executor's job does not start until the person who wrote the will passes away.

Since no-one has passed away, I believe that what you are talking about is...
Read more »

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1 Answer | Asked in Criminal Law, Estate Planning and Family Law for California on
Q: In order to gain access to a private residence, when there are two owners of the residence, who can give the go-ahead?

There is a private residence that is co-owned by two owners. The private residence is being sold and a real estate agent is coming with potential buyers to view the home. I do not want them in the property due to COVID-19, risking contamination, and breach of peace. Owner 1 gives the go-ahead for... Read more »

Juanita Guillen
Juanita Guillen answered on Jun 18, 2020

In general if Owner 1 has equal right and control to the property as Owner 2, Owner 1 can allow the real estate agent and potential buyers to view the home. Real estate viewings were allowed to continue in CA even during the pandemic (unless a local ordinance ordered otherwise). Best practices for... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: In which California county do I file the Affidavit of Death of Trustee?

My dad's living trust was created in San Mateo county, and one piece of real estate in the trust is in San Francisco county. My dad passed away and I am the trustee and I live in Sacramento county.

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2020

You should record an Affidavit of Death in every county in which the decedent owned real property.

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2 Answers | Asked in Estate Planning for California on
Q: In the state CA and AZ is a will and last testament valid if the executor is on federal probation in CA

My brother-in-law who resided in the state of Arizona what is originally from the state of California where his eldest brother live and it's also on federal probation was given his brothers last will and testament when he made a visit to California the last will and testament is signed by two... Read more »

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

The reason no attorney has responded to your question may be that they must speculate on the facts, which takes time. I would review your facts and share it with a friend and get feedback on its clarity before reposting it. I hope this will not offend you. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: What time frame does the fiduciary and his lawyer have to submit their bill to the estate?

Dad died Nov 2018. I was appointed executor Jan 2020. Lawyer for fiduciary had a final accounting hearing Apr 2 2020. How long do I have to wait for the lawyer to send me the final bills for herself and the ficuciary of my dad’s estate?

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

The time you mentioned does not appear unreasonable. Having said that, I would contact the lawyer. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice....
Read more »

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2 Answers | Asked in Estate Planning and Banking for California on
Q: Can I go after step sister for embezzlement from step mother stealing my trust fund in 2013

she gave my trust to step daughter and grandson forged my name on it.

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

I would consult a criminal defense attorney before filing embezzlement case against another person. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice....
Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Once I pay my mothers estate back the money I owe, is that considered estate property? Would I inherit my share of it?

Mom passed leaving everything (in a trust and with a will) to her 4 daughters. Daughters have distributed a "fair share" of the inheritance money that was in the trust bank account already. I (daughter) personally, owe the estate some money. I will pay back the money owed to the estate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 13, 2020

Yes. Your share is calculated by adding what you owe to the total value of the estate then dividing by 4. What you actually should receive is your share less what you owe. If you actually pay your debt to to the estate, then you should receive your full share without deducting what you owed... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: What happens when some of the executors of a will/trust do not distribute money in accordance to the will/trust?

What happens if executors do not follow the wishes of the deceased that was clearly laid out in the will / trust? Meaning some folks got less when the will / trust clearly stated all to be divided equally.

Help me please

Thank you

Nina Whitehurst
Nina Whitehurst answered on Jun 13, 2020

IF it’s not too late, you should hire trust or will litigation attorney to help you. There are remedies for this sort of thing but if you wait too long you lose your right to contest these actions. Do not delay.

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2 Answers | Asked in Estate Planning, Constitutional Law, Land Use & Zoning and Landlord - Tenant for California on
Q: recently sited for a few things on a property my problem because opandemic I wasn't Able to take care of it what can I
Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

If you have a citation that requires a court appearance, you need to contact the court about your situation either in person or in writing, include a copy of the citation. Failing to respond could subject you to additional penalties and be considered an FTA- failure to appear. If the citation is... Read more »

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2 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for California on
Q: grandfather passed will states house goes to sister mother has POA and hasn’t transferred name over what can sister do ?

He passed about a year ago and the will is very clear our mom is complaining of legal issues but hasn’t specified what’s holding up the transfer over to my sister what can we do?

Nina Whitehurst
Nina Whitehurst answered on Jun 9, 2020

Powers of attorney automatically expire at the death of the principal, so your mother cannot use that method to transfer title to the house to your sister according to your grandfather's will. Wills are administered according to a process called probate. Most of the time this requires a... Read more »

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