My parents passed away just over a year ago in August 2020. My sister is the trustee and I am just a beneficiary. She hired an attorney and we are near the last stage of closing the trust. The law firm is in the process of putting together the accounting and keep telling my sister that... View More 
answered on Aug 30, 2021
Your sister needs to tell the law firm exactly what you said here, i.e., that they are the cause of the delay and she needs the document by the end of the day tomorrow. Other than that, your sister can just show up at the law firm and take a chance that they're open (due to COVID many people... View More
answered on Jun 8, 2021
It all depends on the court. The probate courts in San Francisco and Santa Clara County are not scheduling hearing dates for up to 3 months out from the filing of a petition for probate due to COVID.
But took all assets and disappeared. Now back with same will after i paid off house and filed in blind behind my back duing lock down virus
answered on May 26, 2021
It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if... View More
Her brother died of Covid on January 19th. My wife then died of Covid 4 days later. What happens to the 401k account? Her brother had a daughter, but she wasn't listed as a beneficiary. Does the 401k pass to the daughter, or does it go to my wife's estate?
answered on Mar 29, 2021
It should go to your wife's estate.
A Will or a Trust normally has provisions regarding this sort of situation, but unless the 401K administrator had the brother sign something unusual, then the money would still go to the estate of your wife. But check with the administrator.
He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... View More
answered on Feb 23, 2021
You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... View More
My Dad received amended copy of his living trust 3 days before he died and had not signed them. He did contact estate attorney and confirmed draft. I don't believe signing them was exclusive, but I do know that my dad would want his last wishes honored. I know there must be mitigating... View More
answered on Nov 13, 2020
If he didn’t sign the amendment, it’s ineffective. It doesn’t need to be notarized, but it does need to be signed by the trustmaker. Sorry to be the bearer of bad news, but to tell you otherwise is just wishful thinking.
There was a restraining order against the daughter 6 years ago but I’m not sure if it’s still in place, we didn’t renew it. She wants to take everything in our home and says everything is hers. My name is not on the house title.
answered on Jul 15, 2020
First, the restraining order has no effect on division of items after death.
Secondly, who gets what, when there is no will, is broken down into two major categories.
The first category is items which have ownership papers of some kind. For example a house has a deed, which is an... View More
answered on Jul 15, 2020
I am sorry for your loss. It is unclear who passed away. It sounds like the father of your oldest daughter passed away. Is that correct? There are three main ways to collect assets from someone who passed away: First the person wrote will or trust and left you a gift. You have to read the... View More
My brother left a will giving his home located in California to a friend. The will is dated 2003. In 2006 he purchased a home and made a will leaving the home to me (his sister) and my kids (his nieces and nephews). I received a Petition to administrator my brothers estate and would like to file an... View More
answered on Jun 13, 2020
Yes, you can file an objection based the fact that the Will sought to be proven was in fact revoked by a subsequent Will. You should also file your own petition for probate based on the new Will, the terms of which you’ll need to prove by clear and convincing evidence in the absence of the... View More
I would like to refinance the loan so that I may remain in the home. I have Letters of Administration, and I just received the final distribution court date, but it isn't until October. Mom passed last December (not sure how long the reverse mortgage company will wait before they want the... View More
answered on Jun 11, 2020
You can't transfer legal ownership of the property to yourself without a formal court order upon final distribution of the estate and that won't happen until October. The loan by its terms comes due within 1 year of the borrower's death. Keep your lender informed on the progress of... View More
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