It's a good idea to find a local attorney to assist and advise you during this process. Good luck. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and...Read more »
Why do you not have an attorney assisting you with this process? Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and...Read more »
If the trust names you as a co-trustee and beneficiary, then the other trustees cannot exclude you. Trustees are obligated by law to follow the terms of the trust. If trustees ignore the trust and do whatever they so desire, they can be sued for breach of their duties. Tell your siblings that they...Read more »
He has been living off her pension for 12 years and took over her finances. We had a will done in 2006 which was 50/50 between my brother and I and in 2020 my brother had my mom do a new will giving him 60 and me 40 making him the executor and hid it from me for two years. He is selling and... Read more »
Since your mom owned a home, I am going to assume the total value of all of your mother’s assets exceeds the probate limit. That means your brother or you MUST file a Petition in Probate Court in order to transfer title to the property from your mom to both of you, unless title to the home was in...Read more »
Absolutely not! Options include (but are not limited to) backing the petitioner by nominating them; Objecting to the petition by providing reasons as to why the particular petitioner should not be appointed administrator; Filing a competing petition and nominating another person who may be a more...Read more »
In general, when an estate can settle through a small estate affidavit (as opposed to probate), the legal heirs are determined by Probate Code section 6400 et seq. However, life insurance policies name the beneficiary. Who is the named beneficiary? If there is a named beneficiary, then there is...Read more »
In California a gift (a classic car) is granted via living trust, then is totally destroyed in a fire before the grantors death whereby a $39,000 insurance claim is paid to the grantor/estate. Subsequently the trust is not amended still reflecting the gift to the beneficiary at the grantors time... Read more »
The outcome will depend on the language in the trust document providing the gift. Generally, if a specifically listed item is given to a specific person, if the item no longer exists at the time of the decedent's death, then the gift fails. For example, "To my niece MARY SMITH I give my...Read more »
Beneficiary the trust was made to care for mysel I was in an accident. Her attorney now is saying if my daughter wanted to give me a dollar she could my daughters the only one benefiting from my moms trust and those were not my moms wishes
I'm surprised your grandmother's estate (her assets left behind) has not gone through the Probate Court by now. If your grandmother had a Trust stating her desires, then whatever your grandmother said in that document will control what happens to her property, and your family most likely...Read more »
My mother in-law passed away a few years ago. She and her husband (step-father to my husband) resided in the property that originally belonged to her parents. We just uncovered a promissory note regarding the family wishes that the property remain in the "family" should she pass away... Read more »
A Trustee is duty bound to administer the trust as it is written, just like an Executor is obligated to administer a Will as written. The Trustee or Executor may petition a court for instructions if there is something about the trust or will that is unclear, but if he wants to challenge a trust or...Read more »
You need a notice of motion, motion, and sometimes a memorandum of points and authorities. You also need to serve it on the opposing side and reserve a hearing date. You would also sometimes want to draft a proposed order. You would also make sure that it is used on pleading paper.
I am sorry for your loss. To claim an inheritance the procedures are different depending on who has the asset, what kind of asset and how title is held among other questions. I encourage you to contact a focused California probate attorney for more info. Good luck.
My brother is the Trustee of my Grandparents‘s Trust. I have had been asking him to tell me the deadline and the date of the hearing but I didn’t get the information from him and today he emailed me saying the deadline was yesterday.
Is there a way I can file my objection still?... Read more »
You can file your response late, along with your declaration stating that you were not notified of the deadline until after it passed. If you are unsure how to do this, you can look for the legal aid clinic for the bar association located in your county, then go there asap to get the help you need.
3 siblings 1 has power of attorney me and my sister do not. Me and my sister are afraid the third sibling is running the properties into the ground. Taking sec. mortgages out on them. Is there anything we can do to get the properties or split them up? So we don't lose them? Can we do any of... Read more »
filing intestate. 4 months later, I was surprised when I was informed that I was the named executor in the Will and was asked to decline. I got copy of Will from her lawyer and I immediately filed as executor. Wife of 10 months petitioned based on me being dilatory and judge granted her executor.... Read more »
This isn't a bad thing. Now, as executrix, she has all the obligations to you with the Court supervising. One question is whether she got authority to administer the estate under the Independent Administrator of Estate Act (full or limited). This allows her more authority to administer the...Read more »
Bypass trust states that trust income is payable to surviving spouse, but does not mention principal. Bypass trust was funded with 81% of a property. The property was sold and funds placed in a brokerage account. The brokerage account is now at about half the value of the original allocation. Can... Read more »
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