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It's been 16 months since my Auntie passed away but the trustee hasn't provided all the information that we need. The trustee had engaged an attorney whom we thought would help and guide them in the right administration of the trust, and in the right direction but, it seems what's... View More 
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answered on Jan 18, 2024
Under California law, trustees have a fiduciary duty to act in the best interests of the beneficiaries, including being transparent and providing necessary information like the trust accounting and schedule of assets. If it has been 16 months since the passing of your aunt and the trustee has not... View More
and then they mom call your father saying you did it all and shes going to pray something happens to you and what can you do about this other family are tag teaming together the police will not help I'm stuck and confused on what to do people saying I'm going to die for telling on someone... View More
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answered on Jan 18, 2024
I'm very sorry to hear you are in this difficult and threatening situation. Here are some options I would recommend considering:
- Contact the prison authorities directly and notify them about the threats and harassment coming from the inmate and their family towards you. The prison... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
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answered on Jan 18, 2024
In a situation where you are a beneficiary of a trust, you have certain rights to information about the trust and your share of the estate. As a 1/3 beneficiary, you are entitled to know the details and specific amounts of the trust assets, including stocks, bonds, properties, and cash. The... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
answered on Jan 17, 2024
I'm sorry for the loss of your father. There are strict ethical codes for lawyers who represent Trustees. Those lawyers are not allowed to represent or advise any beneficiaries. Lawyers have a choice of representing EITHER the Trustee (but only in his capacity as Trustee) OR represent one or... View More
The deceased passed away in October of 2023 as of today no probate has been established nor has the will been filed with the clerk of courts in the county decedent lived in.
answered on Jan 17, 2024
I am sorry for your struggles, in accordance with Florida Statutes, a Will must be submitted to the clerk of the court in the county where the person was a resident within 10 days of passing (hardly anyone ever does this for a variety of reasons, but it is the law). In Florida the Executor is... View More
I was questioning the ability to receive monies owed if the time limits are reached
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answered on Jan 17, 2024
In California, the statute of limitations for claims by beneficiaries against an estate or trust varies depending on the nature of the claim. Generally, for a trust, a beneficiary must file a claim within 120 days from the date a notification by the trustee is served if the trustee provides a... View More
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answered on Jan 17, 2024
Under California law, there is no fixed timeframe for the distribution of assets from a will or trust, as it varies depending on several factors. The process of settling an estate through probate can take anywhere from a few months to a few years. Probate is the legal process through which the... View More
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answered on Jan 16, 2024
In California, when a person passes away with an auto loan in their name, the loan does not automatically transfer to another person, including a spouse. The estate of the deceased is responsible for the debt. If your mother wishes to use and eventually sell the car, the loan must be addressed.... View More
In the case I am asking a question about, the court prescribed fiduciary has been seemingly intruding in the bill paying that the primary has been taking care with the help of a long term friend and there is no evidence that there is need for the fiduciary.
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answered on Jan 16, 2024
In California, if a court has appointed a fiduciary, such as a power of attorney (POA), the individual who granted the POA typically cannot unilaterally remove the fiduciary. This is especially true if the individual's capacity to make such decisions is in question, which is often the case... View More
16 months now and we haven't received any trust accounting. And the trustee doesn't give us schedule of assest. We sent them emails multiple times requesting for accounting but no response. One of my cousin is listed as co-trustee but they never ask him to participate. They keep my... View More
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answered on Jan 15, 2024
In situations where beneficiaries of a trust are not receiving proper accounting or communication from the trustee, it is important to know your rights. Under trust law, beneficiaries are typically entitled to certain information about the trust, including accounting details and the schedule of... View More
2-3 months at times between responding parties (other 2 parties each with own attys - 3 parties total) communications and status updates. When I inquire ... "I'll let you know when I hear something." 3rd petition for extension has to be filed, again.
answered on Jan 15, 2024
Until and unless another Probate Attorney can review the status of things and what possibly the holdup is after 2 years, it is hard to say. If you are not happy with your attorney, then consideration of a new one would possibly be in order, but that would be extra cost to you for time and review... View More
to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?
answered on Jan 15, 2024
Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More
We believed that the number1 trustee listed is doing manipulation of the trust. Trustee is not responding to our request for trust accounting. What is the role of a co-trustee. We want my cousin to exert his right as a co-trustees to have a check and balance. Recently the trustee sold a property... View More
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answered on Jan 14, 2024
Under California law, a co-trustee has the same rights, duties, and responsibilities as the primary trustee. This includes managing the trust's assets, ensuring the trust's terms are followed, and acting in the best interests of the beneficiaries.
Your cousin, as a co-trustee,... View More
Mother doesn't want them in her house. Can I take possession?
There are 5 handguns. Purchased before 1990, so most likely pre registration mandates. Wouldn't be surpised if they are all not registered.
Family friend who is a police officer has taken posesssion and... View More
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answered on Jan 14, 2024
Based on the details provided, here are a few key considerations for transferring those firearms in California:
- Since your father passed away over a year ago, you cannot directly inherit the guns or add them to a parent/child family trust. Those processes require the parent to be alive.... View More
After my mother's passing we did not receive no money and he got remarried 6 months after my mom passed cuz he was cheating
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answered on Jan 14, 2024
Under California law, the distribution of assets like a 401K is governed by the beneficiary designations set forth in the account. If your mother's 401K designated her husband as the 100% beneficiary, then he is legally entitled to receive the entire amount, regardless of any other mentions or... View More
There are a lot of details and it's because of the corruption in the town and my family members
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answered on Jan 14, 2024
To initiate the probate process for your grandmother's will after a delay, you can file a petition with the probate court in the county where your grandmother resided at the time of her passing. This action can be taken even if other family members are reluctant or refuse to do so.
In... View More
Family transfer. The owner sold it to a trust in her name and she died one week later. She had no family and I did everything from cleaning to grocery shopping for two plus years. They have asserted themselves in her life two months before she passed in nursing home they put her in. He has... View More
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answered on Jan 14, 2024
This situation raises serious concerns about potential elder abuse and fraudulent activities related to estate and trust management. In California, there are laws to protect individuals from such exploitation, especially in the context of probate and trust matters.
First, you should gather... View More
I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More
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answered on Jan 14, 2024
Your stepdad is mistaken and you are right to be concerned. You are NOT in the line of succession. To inherit from your stepdad he would need to name you as the death beneficiary on his financial accounts (an excellent method) AND sign a will that leaves everything to you (for items that do not... View More
I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More
answered on Jan 31, 2024
If he never adopted you, you don't inherit from him in the absence of a will. Intestacy statutes will apply and the property will either go to his children (if he has any legal children) or his sibling(s). His living sister's daughter won't have a claim (rather the sister herself... View More
Never going back to her home. Two people/ old neighbors a mother and son took over her (everything). They conned her and are almost selling her house which he put to a trust in her name at his address. She had zero family they knew this because her daughter died a year earlier. Is it too late to... View More
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answered on Jan 13, 2024
Under California law, it's important to act quickly in situations like this. If you suspect that your friend has been a victim of financial abuse or undue influence, especially by someone with a questionable past, it's advisable to consult an attorney. An attorney can help investigate the... View More
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