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Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More 
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answered on Jun 17, 2024
I'm so sorry to hear about the alleged embezzlement and theft from your father's estate. That sounds like an extremely distressing and complicated legal situation.
Given the high dollar amounts and complex probate issues spanning multiple states, my strongest recommendation would... View More
Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More
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answered on Jun 17, 2024
It sounds like you need to contact an OK attorney for a Will Contest in Oklahoma, if that is where the Probate proceedings are. Will Contests are very hard to win if the execution was correct, so you need witnesses and other proof. There may be other separate quiet title actions for the... View More
My father died without a will in Puerto Rico. Before he died, he named his best friend as the co-owner and beneficiary of the bank account in Puerto Rico. My father was married for 18 months to a foreign woman who NEVER LIVED in Puerto Rico with my father and of course, she is asking about the... View More
answered on Jun 17, 2024
First of all, I would need to know when did your father die. If he died after November 28, 2020, his wife is as much an heir as your father's children. Although your father may have designated his wife as co-owner of bank funds, once the banks are notified of your father's death,... View More
property is built on has not been properly segregated and there is no deed yet for the land. The land is to be split across 5 heirs. We are in the process of hiring land a surveyor to plot out the land and hopefully get our land and deeds established.
answered on Jun 17, 2024
You can donate the real estate to your children, assuming that it is done in equal parts and assuming that you have no spouse, since, under Puerto Rico rule of law, the spouse is as much an heir as your children.
If you decide to donate the real estate, both you and your children must... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
answered on Jun 18, 2024
Thank you for your question!
A spouse cannot hide her assets (if come from community property that belongs to marriage). I'm California, they use the trace-back method and track back the source of funds of each property to see if that property is a community property or not. All... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
answered on Jun 17, 2024
Most people set up trusts with their names as the trust’s name (such as John Doe 2024 Trust), but I have had a number of people who select specific names for other reasons. One couple took the first two letters of their kids’ names and made up a word as the name of their trust. Others have used... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
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answered on Jun 17, 2024
To create a valid trust for real property in California, the following elements must be present:
1. Intent: The settlor (person creating the trust) must have a clear intent to create a trust.
2. Property: The trust must hold identifiable real property located in California.... View More
all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'
DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More
answered on Jun 16, 2024
When a property owner (or the Trustee of a Trust that holds title to real estate) passes away, documents need to be filed with both the County Assessor and the County Recorder of the county in which the real estate is located. Be mindful that some counties have local rules that must be followed so... View More
all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'
DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More
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answered on Jun 16, 2024
Here are a few key points regarding transferring a house from a deceased primary trustee to a successor trustee in California:
1. Consideration: You can cross out "for valuable consideration" and replace it with "for no consideration, as this transfer is pursuant to the terms... View More
The wheel stays if I can test it I get nothing I'm not contesting the will I'm just trying to make her give me what I believe the will says
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answered on Jun 14, 2024
I understand that you and your sister have different interpretations of your father's will, which is causing a disagreement. Dealing with a loved one's estate can be emotionally challenging, and it's not uncommon for family members to have conflicting views on how to interpret the... View More
A revocable trust is made by husband and wife.
A contract is signed by both stating no changes can be made to the trust if one dies.
Husband dies.
Wife creates a second revocable trust which changes the beneficiaries from 4 kids (3 of husbands) to the 1 child of the... View More
answered on Jun 14, 2024
They both could be legally binding. It depends on what the first trust says happens to the funds once one spouse dies (in this case, the husband died first). That trust could say "once the first spouse dies, everything goes to the surviving trust". If that's the case, then the... View More
Do I have legal right when it is in the best interest of my fathers assets and property to uphold make sure the property is not run into the ground.?
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answered on Jun 13, 2024
As the trustee and executor of your father's estate in California, you have a fiduciary duty to act in the best interest of the trust and its beneficiaries. This includes managing and protecting the trust assets, such as property, to ensure they are not mismanaged or devalued.
Your... View More
Family members are occupants of the property and I need to give them notice. What is the law for giving beneficiaries notice of intent to sell property.
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answered on Jun 13, 2024
As the executor of a family trust in California, you have the right and responsibility to manage and distribute the trust's assets according to the terms of the trust and state law. This includes the right to sell real property held by the trust. However, there are certain legal requirements... View More
Family members are occupants of the property and I need to give them notice. What is the law for giving beneficiaries notice of intent to sell property.
answered on Jun 13, 2024
As the executor or personal representative, you have the authority to sell the property to pay off the estate’s debts as long as the deceased individual did not give the real estate to a beneficiary and as long as you were granted the power of sale. The court may require an order approving the... View More
If there is no power of attorney or will. Even after in the beginning the friend was allowed to make decisions for the family member when the said patient first was in the hospital?
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answered on Jun 13, 2024
A "friend", whether it is a romantic partner or a life long friend or even man's best friend, has no rights to make end of life decisions unless that person is named in an advance directive as the decision maker. The hospital will have a procedure it follows for making these crucial... View More
what are the pros and cons? There is real estate property and land that will be inherited by the children regardless if there is a will, but what would by the pitfalls of leaving a will versus not?
answered on Jun 13, 2024
First of all, real estate property in Puerto Rico is subject to the Rule of Law in Puerto Rico, regardless of whether a will exists or not. If you leave no will upon your death, a petition for a declaration of your heirs will need to be presented before the Puerto Rico courts, in the municipality... View More
answered on Jun 12, 2024
They could try, but they would need to fall within the priority list of people who can serve as a personal representative - generally meaning they would need to be more closely related to the deceased person. AND they would need to convince the probate court judge that you are not performing your... View More
There is also 2 step children. They are from the deceased husbands first marriage. Are they entitled to anything? Could they take my children to court?
answered on Jun 11, 2024
If your spouse dies before you, you would then legally be considered single. To the extent your spouse does not have an estate plan, joint accounts, or beneficiary designations to the contrary, the lion's share of his or her property would go to you as the surviving spouse, with any remainder... View More
She has illegitimate siblings from when he was unfaithful. HOWEVER, she was still his 1st LEGAL HEIR. Now he passed away back in 2000 and apparently left his house in P.R. to my mom even though they never really had that tight loving father/daughter relationship. He tried to rekindle many times but... View More
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answered on Jun 10, 2024
In Puerto Rico, inheritance laws are based on the Civil Code, which can be quite specific about who inherits property. If your grandfather left the house to your mother in his will, she would be the legal heir to the property. Whether she accepts the inheritance or not is her decision, but it... View More
Mother-in-law passed away this April. Father-in-law passed away in 2018. They had only two sons, my husband and his brother. MIL law was in a nursing home for the last two years. She had nothing but her investments, which have already been distributed. Found a life insurance policy for $10,000.... View More
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answered on Jun 10, 2024
Given the situation, it sounds like you need to handle the portion of the life insurance intended for your deceased father-in-law. Since he passed away in 2018 and there is no estate due to your mother-in-law being in a nursing home, an estate affidavit might not be the appropriate form for this... View More
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