answered on Jun 4, 2023
The trust should say what happens to an asset if the beneficiary (the person who is going to inherit the asset) dies. Often, but not always, the trust will say the gift “lapses”, which means it essentially disappears as if it had not been contained in the trust in the first place. But, each... Read more »
My father died recently at age 66. He was collecting Social Security. 36 years ago, he married a woman who, 3 years into the marriage, told him she was going to the store and never came back. He hasn’t heard from her since then, but I’m not sure if he ever legally divorced her. He never... Read more »
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answered on Jun 2, 2023
Yes, an estranged spouse who abandoned a marriage over 30 years ago may still be entitled to Social Security survivor benefits, depending on the specific circumstances of the marriage and the divorce. In your father's case, it sounds like he was still legally married to his estranged wife at... Read more »
answered on Jun 2, 2023
The answer to your question will depend on a lot of information that is not contained in your question. For example: Did the parents own real estate? If so, was it titled in Joint Tenancy, Community Property, or in some other way? The way real estate is titled can impact how it is transferred... Read more »
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answered on Jun 2, 2023
If both parents pass away and no will was completed, their estate will be distributed according to California's intestate succession laws. This means that their assets will be distributed to their closest relatives, such as their children, siblings, and parents.
The specific order of... Read more »
I live in California. 73 years old. married with living wife. Have question about will alternatives??? Almost all important accounts are co-owned (wife and I). Would like to avoid hassle of Wills etc. Have 2 grown children. Would like to leave estate equity to children (in their forties) when... Read more »
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answered on Jun 1, 2023
There are a few alternatives to a will that you may want to consider. One option is to set up a living trust. A living trust is a legal document that allows you to control how your assets are distributed after your death. With a living trust, you can avoid the probate process, which can be... Read more »
I live in California. 73 years old. married with living wife. Have question about will alternatives??? Almost all important accounts are co-owned (wife and I). Would like to avoid hassle of Wills etc. Have 2 grown children. Would like to leave estate equity to children (in their forties) when... Read more »
answered on Jun 1, 2023
There are several ways you can deal with your assets, but a lawyer would want to know your goals before recommending an option to move forward. For example, if you want to prevent your family from having to go through a 1 - 4 year long court process called Probate and you have assets with a gross... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
answered on May 29, 2023
Simply paying property tax on someone else’s property does not transfer ownership of that property. Real estate sales and transfers must be in writing and signed by the people who are giving up their ownership rights. Your grandparents’ trust or wills may say to whom they are leaving their... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
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answered on May 31, 2023
It is not possible to say for sure whether your sister can take control of the property or not without knowing more about the specific circumstances. However, in general, if you and your sisters were all left the property equally, then your sister cannot simply take control of it without your... Read more »
No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... Read more »
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answered on May 25, 2023
I'm sorry for your loss. To close your sister's personal checking account and retrieve the funds, you will likely need to provide the bank with documents such as a certified copy of her death certificate and proof of your relationship as next of kin. Contact the bank where she held the... Read more »
No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... Read more »
answered on May 24, 2023
If your family member only had $3,000 worth of assets in one bank account, you may want to contact the bank and ask if it has a form Small Estate Affidavit you can sign. Some banks insist on everyone using THEIR FORM. So, even when an attorney drafts such an affidavit and it is perfectly valid,... Read more »
I was born in France, then moved to the US and in 2001 I married an American man.
In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... Read more »
answered on May 24, 2023
Real estate is handled differently than other assets because it is literally attached to the state (in the U.S.) and/or country. So, in most instances, U.S. law will apply to U.S. real estate. However, different countries belong to various treaties with other countries, so an international attorney... Read more »
I was born in France, then moved to the US and in 2001 I married an American man.
In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... Read more »
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answered on May 24, 2023
In this case, since your mother is a French citizen and her assets are located in the US, it is advisable to consult with an attorney who specializes in international estate planning to understand the specific laws and regulations that may apply. Generally, the law of the country where the property... Read more »
One of my mom's friends show me a will That has no signatures on it an didnt lodge it Won't give me a copy of the trust if there is one And decided to take charge of my daughter zoey Who is mentally incapable of watching Herself
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answered on May 24, 2023
In a situation where your mother has passed away and left the house to your daughter, but you have concerns about the validity of the will and the actions of your mother's friend, it is advisable to consult with a qualified attorney who specializes in estate and probate law. They can assist... Read more »
One of my mom's friends show me a will That has no signatures on it an didnt lodge it Won't give me a copy of the trust if there is one And decided to take charge of my daughter zoey Who is mentally incapable of watching Herself
answered on May 21, 2023
In order for a Will to be effective, it has to be signed and the signature witnessed under specified conditions. You may have seen an unsigned copy. Even without a Will, the real property may need to go through probate for proper transfer. You need to find a Probate attorney to assist you. Without... Read more »
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answered on May 19, 2023
In California, adverse possession laws require the occupant to openly possess and exclusively use the property for at least five years, among other requirements. If the owner of the house died and appointed herself as trustee before her death, the property is likely held in a trust. Adverse... Read more »
I have neenarried amd earned some Paid time off (pto) and extended sick leave (esl) after marriage. I want to use it to invest in a separate real estate project amd don't want to mix community property with separate property.
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answered on May 18, 2023
In California, property acquired before marriage, including earnings such as Paid Time Off (PTO) and Extended Sick Leave (ESL), is generally considered separate property. However, it's important to note that the characterization of separate and community property can be complex and depend on... Read more »
their Joint income prior to his death. Because she (trustor/trustee) is accustomed to a higher standard of living, can she keep the money from the sale of the land? Or is she required by law to split it among his $20,000+ credit card debtors?
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answered on May 18, 2023
In situations involving the distribution of assets and debts after someone's death, it is important to consider the specific laws of the jurisdiction involved, as they can vary. Typically, when a person passes away, their debts are generally paid out of their estate before any remaining assets... Read more »
their Joint income prior to his death. Because she (trustor/trustee) is accustomed to a higher standard of living, can she keep the money from the sale of the land? Or is she required by law to split it among his $20,000+ credit card debtors?
answered on May 18, 2023
A lawyer would have to read the terms of the trust in your particular situation. Your question is akin to saying, “There is a car in front of my house. Who owns it?” The trust will say who owns the real estate and if there are any restrictions on what the owner can do with the real estate. If... Read more »
I am a descendent ,after notorizing form it states,assignment of interest with my name under it ,that the only form we signed. Can I revoke it and keep house myself ,I do have my mom on video saying she wanted me to have it after her passing ,just found the video
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answered on May 24, 2023
In a situation where your mother passed away without a will and only her name was on the house deed, the laws of intestate succession typically come into play to determine how the property will be distributed among the heirs. The specific laws governing intestate succession vary depending on the... Read more »
My mother passed away 4yrs ago ,she did not leave a will ,my sisters and I are in our late 60’s,so we decided to notarize forms to give house to grandson’s,I have changed my mind can I revoke the for ,me and my sisters we’re not on house deed only my mother
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answered on May 24, 2023
If your mother passed away without a will in California, her estate would typically be subject to the state's laws of intestate succession. As you and your sisters were not listed on the house deed and there was no will, the house would likely be considered part of her estate and distributed... Read more »
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