It depends a lot on what this is. Is it life insurance proceeds? Is it a bank account? Is it an IRA or a 401(k) account? The most likely answer is the money will go to the contingent beneficiary. If there is no contingent beneficiary then most likely it will go to the estate of the decedent and a...Read more »
There is no one single correct answer to your question. These are issues that an experienced estate planning attorney can help you sort through in the process of preparing customized powers of attorney.
Order determined property to be divided equally between 8 siblings and was filed with the recorder's office. Now everyone agrees to allow only sibling living in the city of the where the property is located sole ownership so that the house may be sold.
I recommend that you seek legal and tax advice before you go forward. In general, if there is a recorded court order distributing real property to a person or persons the recorded order is like a deed and shows ownership of the property to the distributee(s). If the order distributes real property...Read more »
My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... Read more »
My estranged father passed away and left a will & trust stating to divide his estate up equally between his 5 children. None of his children had contact with him for over 15 years. He had a large sum of money piled up in various investments that no one knew about. The Trustee, who is also a... Read more »
As a beneficiary of the trust, you are definitely entitled to a copy of the trust and to regular accountings from the trustee. If that is not happening, hire an attorney to send a stern demand letter to the trustee. If the trustee does not straighten up within a reasonable time after demand is...Read more »
A power of attorney is a legal document that gives someone the power to act on behalf of someone else. In California, the person executing the document is referred to as the “principal” and the person chosen to act on the principal’s behalf is referred to as the “agent” or...Read more »
My brother refuses life insurance payout, it is now being sent from insurance company to state of California per the law. If it is disclaimed money, can I, his sister, claim it for the trust our mother left us.
If it is disclaimed by the primary beneficiary and there is no contingent beneficiary then it should go to your mother's estate. If your mother did not have a will then you probably stand to inherit all or a portion as an intestate heir. If she had a will then it would be distributed in accordance...Read more »
I contacted the lawyer and was told my brother is the successor of the trust and they would send my brother a copy of the trust and he hasn’t gave me a copy. He has asked me about the house and renting it out. Now he’s going to let people stay in it. I don’t want to Rent it or and let him... Read more »
Look for a probate and trust administration attorney in the Monterey area, especially one with trust litigation experience. You have the right to demand and receive a copy of the trust. You have the right to require the trustee to strictly abide by the terms of the trust and to care for and...Read more »
My mother died my father said her trust had disinherited me I asked him for proof of this and he said I was not entitled to see it. He then produced a a contract offering a $10000 payout and a monthly payment of $2400 for the remainder of his life if I make no claims against her trust estate or... Read more »
You WERE entitled to see the trust and you should have pursued that at the time. That said, because facts were actively concealed from you , yes, you might be able to get your agreement set aside and take whatever was owed you under the trust instead. Contact a local trust litigation attorney for...Read more »
If they are step children that were never adopted by him are they allowed to drain his bank account if he gave them access when they were helping him? Or keep and sell all his possessions? Can you advise me on perhaps steps I can take to find out if he had a Will. Maybe my legal rights in CA. if... Read more »
Step-children do not inherit in California absent adoption or a will.
In my opinion, the best way to find out if a decedent has a will is to hire an attorney to help you open a probate case. Any "interested party" (such as a surviving spouse or child) can open a probate. If you are not...Read more »
When my mother passed away my father remarried 3 yrs later (23 yrs ago). She had 2 young kids who he helped in the raising of. I was close with my father, but not always physically present. When he married I was raising 3 young kids on my own. I was focused on caring for my kids and staying afloat.... Read more »
I am sorry for your loss. However, you should know that there is no such thing as a child's "right" to inherit. If your dad did not have a will, then the law supplies the rules for inheritance, and most likely you would stand to inherit a portion of his estate, but if he had a will (or trust) he...Read more »
My husband was killed in a defective car 18 years ago. The case turned into an MDL due to the number of people injured. Now that company is saying our portion of the settlement HAS to be put through probate even though there are only two of us ( his son and wife) that are eligilble to collect any... Read more »
That is a tough situation if you can’t find the will or even a copy. If you can at least find a copy in some states you can prove the will but it is an uphill battle. Try contacting attorneys in the area who do estate planning to see if any of them have a copy. If your dad did a do-it-yourself...Read more »
My mother died recently and my father claims she left me nothing. She gave me a signed copy of her California statutory will under the portion Balance of Assets she signed in the box I leave nothing to my spouse all to my decedents. As well as me as the executor. As well as a letter explaining that... Read more »
Under California Probate Code section 16061.5 the trustee has to provide all the heirs and beneficiaries a copy of the Trust. You should demand a copy in writing and if he refuses then it is time to go see a judge.
Nobody can sell mom’s house except (a) an agent acting under a durable power of attorney given by mom when she had capacity, or (b) a person appointed as conservator for mom by the court. If mom never gave a power of attorney then it is too late for that. If someone has been appointed as...Read more »
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