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My fiance & I have lived together 15 yrs. His sister who is successor tr of his mom's estate evicted us. She put some guy at the house telling me I couldn't go in and get my things! She threw everything I own away! Now they are getting ready to close escrow and fiances atty says just... View More 
answered on May 28, 2024
Any time you have two parties whose rights and interests may diverge, it is recommended to seek separate representation for the two parties. There are certain situations in which a dual representation may be appropriate, such as joint estate planning for a married couple, but even then, informed... View More
She lived in Puerto Rico and has 6 children, but wants to leave her home to me can she do that without having to leave her home to her children?
answered on May 23, 2024
So long as your grandmother (a) leaves a valid will in Puerto Rico, and (b) has enough assets in her estate to address her children's legitimate inheritance, she may. A person who testates in Puerto Rico may freely dispose of half of his/her estate (called the free disposition half), leaving... View More
Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm
answered on May 22, 2024
Actually, the first document that you require would be the deceased's death certificate. A will subscribed outside Puerto Rico may or may not comply with Puerto Rico rule of law, and it may be simpler to just file a Petition for a Declaration of Heirs from the Puerto Rico courts, given the... View More
I just acquired house from late father's trust. Been married 45 years.
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answered on May 21, 2024
Since you acquired the house from your late father's trust, it is likely considered your separate property rather than community property under California law. However, there are a few important considerations:
1. Commingling: If you use any community funds (e.g., income earned during... View More
I just acquired house from late father's trust. Been married 45 years.
answered on May 21, 2024
Thank you for your question!
Under California laws, Assets obtained through heritage are separate properties even if during marriage.
The house was obtained through a trust from your father. It would be probably a separate property, rather than a community property if you lived in... View More
Is there another way to cash it with out id or bank account?
answered on May 20, 2024
Distributions to beneficiaries do not necessarily have to be via check. They could be paid in other forms. However, depending on the estate matter, the individual providing the distribution may require a receipt.
Is there another way to cash it with out id or bank account?
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answered on May 20, 2024
If you are a beneficiary in California without an ID or bank account, there are a few potential options for receiving your funds besides a traditional check:
1. Prepaid debit card: Some benefits programs may offer the option to receive funds on a prepaid debit card. You would need to check... View More
My dad bought a mausoleum for two caskets in Virginia about 1972 for him and my mom, with my sister and me mentioned in the deed. He and my mom divorced about 1975, and he remarried a few years later, to a woman who already had a daughter. I don't know if dad had a will that included his new... View More
answered on May 20, 2024
While you have no duty to do anything, you could become guilty of theft by fraud if you sell the interest in the mausoleum and your dad left his interest to someone other than you.
You say that you and your sister are "mentioned" in the deed. If not apparent from the language... View More
It was mind brother trying to take mom got all timer and brother making decisions for her
answered on May 20, 2024
Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More
My little sister moved to Ohio and got married and has been separated from her husband for over 5 years and now her husband is incarserated and has been for 8 years They have a son that is 16 She just recently was in a car wreck that took her life ..and now for next of kin with him in prison should... View More
answered on May 20, 2024
Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 20, 2024
I want to clarify something in your question which impacts the answer. Your question is around being the successor trustee which is what my colleagues have addressed (no requirement to change the deed to you as the successor trustee).
HOWEVER, you also mention that you are the only heir. If... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 19, 2024
The previous lawyers gave you good information. As I often tell my clients, there’s a legal answer and a practical answer to your question and those answers are often different. Legally, there is no requirement that you change title to your name as trustee. But, some realtors, mortgage companies... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
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answered on May 19, 2024
Based on the information you provided, here are the answers to your questions under California law:
1. Changing the deed:
Since the house was already in the trust with your mother as the trustee and you as the successor trustee, the property should automatically pass to you as the... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 19, 2024
1. Changing the Deed and Reassessment
When your mom, the original trustee, passed away, as the successor trustee, you typically have the responsibility to manage and eventually distribute the trust's assets according to its terms. Here's what you need to consider regarding the... View More
THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More
answered on May 27, 2024
1. DO I have to change the deed at reg/recorder's office and risk reassessment?
No you do not have to for now unless it is too the best interest of the beneficiaries of the trust (and the interests of the trustees are not considered in any decision about the management of the trust... View More
As my grandmother’s POA, If I opened a savings account, solely in my name,
(to be used for her medical expenses/personal care items)
& deposited an inheritance check made out in my grandmother’s name; what happens to the funds remaining in account after she passes?
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answered on May 19, 2024
I would caution you against depositing a check made payable to your grandmother into an account that is in your name. That will look very much like theft or conversion. And that is the case even if you really only do use the money for your grandmother’s benefit. It is very risky for you.... View More
The trust that had been consistent with beneficiary distribution for five weeks changed massively in the 25 minute meeting to sign the trust and left with no trust. When requested it was evident what happened and the request was made to send the correct trust With the minor changes that we’re... View More
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answered on May 19, 2024
I'm sorry to hear about the situation with your father's trust and his passing. This sounds like a complex and difficult legal matter. In general, under California law, you may have some potential avenues to challenge the actions of the attorney or agent acting under a Durable Power of... View More
Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More
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answered on May 18, 2024
Under California law, transferring ownership of a property can have significant tax implications. In this case, there are a few key points to consider:
1. Prop 13: This proposition limits property tax increases on a property until there is a change in ownership. Adding a sister to the deed... View More
Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More
answered on May 18, 2024
Sorry to say, the only way to avoid a reassessment for property tax purposes is when property is transferred between spouses, parents and children, and/or grandparents and grandchildren IF the parents are deceased. There is no exemption in any law that says you can transfer property to a sibling,... View More
Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More
answered on May 27, 2024
Thank you for your question!
If you want to avoid taxation thoroughly, probably there is no way for that. But, creating a trust may help you/your sister save more compared to other ways.
I strongly recommend you consult with a tax attorney. So many lawyers offer free consultations.... View More
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