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California Estate Planning Legal Questions

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346 legal questions have been posted about estate planning by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
California Estate Planning Questions & Legal Answers
Do you have any California Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 346 previously answered California Estate Planning questions.
Estate Planning
California

Recent Legal Answers

My sister coerced my mother to sign over her trust to her. There is lots of foul play and strange twists. What is the best way to proceed?

Answered a year and 2 months ago by attorney Jeffery J. Czech   |   1 Answer   |  Legal Topics: Estate Planning
Hello Mr. Mitchell, this scenario is actually quite common.  My firm has handled many of these matters and taken quite a few to trial when necessary.  The law for elder abuse is slanted against your sister and that is a good start for you.  Please reach out to me with additional information and we can discuss details.   Sincerely, Jeff Czech, Esq.... Read More
Hello Mr. Mitchell, this scenario is actually quite common.  My firm has handled many of these matters and taken quite a few to trial when... Read More

If my name is on the deed can a sibling contest this after my father dies?

Answered a year and 9 months ago by Ian R Greensides (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
A deed is much more difficult to contest than a gift in a Will or a Trust.   It also depends how title is held to the real property - if someone is named as a co-tenant (co-owner) then there is not a right of survivorship.  If someone is named as a joint tenant (also a co-owner), there is a right of survivorship.  Or if someone has been named as the sole owner on a deed - then title is clearly in that person's name.  There is not enough information about how title is held to be able to give better feedback.  ... Read More
A deed is much more difficult to contest than a gift in a Will or a Trust.   It also depends how title is held to the real property - if... Read More

What happens with this 401k?

Answered 2 years and 9 months ago by Chris Truc Nguyen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If your mother did not die within "120 hours" of your father, then it would still go to her as the primary beneficiary. When she passed away, that is just another one of her assets (the inherited-401(k)) that would need to be divided to HER "heirs" or "divisees." ("heirs" for people dying intestate/without a will, "divisees" if she had a will or trust in place). ... Read More
If your mother did not die within "120 hours" of your father, then it would still go to her as the primary beneficiary. When she passed away, that is... Read More

want to be executor of the estate

Answered 2 years and 9 months ago by Chris Truc Nguyen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, if there is no will, then she passed away "intestate." State laws regarding inheritance rules apply and it does not factor in what care you provided for your mother. You are all heirs of equal standings and therefore have an equal share.
Yes, if there is no will, then she passed away "intestate." State laws regarding inheritance rules apply and it does not factor in what care you... Read More

The person I'm suing died. I need to change the name to the executor of his will.

Answered 3 years and 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Estate Planning
You need to make a motion to amend your complaint and sue the estate of the deceased. I wouldn't try to do this yourself. Retain counsel to represent you. 
You need to make a motion to amend your complaint and sue the estate of the deceased. I wouldn't try to do this yourself. Retain counsel to represent... Read More

what recourse do ni have if my sister forged my signature to get our fathers house without me knowing AFTER HE DIED?

Answered 3 years and 8 months ago by attorney Jeffery J. Czech   |   1 Answer   |  Legal Topics: Estate Planning
Hello.  I am sorry this has happened to you.  Unfortunately, it happens quite often to people.  I will gladly help you retrieve your property from your sister and sue for fraud/punitive damages if you like.  Might be able to go after the notary public as well and they usually have bonds to pay for the litigation.  I have no problem working on a contingency basis.  Let me know.  ... Read More
Hello.  I am sorry this has happened to you.  Unfortunately, it happens quite often to people.  I will gladly help you retrieve your... Read More

My dad signed a Durable POA, with me, and my sister back in 2015. He remarried in 2016. Does the marriage void the Durable POA?

Answered 3 years and 9 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
NO!  However, are you sure that he didn't create a new durable POA when he got married, and before his diagnosis, or that he created an estate plan after he got married?
NO!  However, are you sure that he didn't create a new durable POA when he got married, and before his diagnosis, or that he created an estate... Read More

do i need a lawyer in california or Washington

Answered 3 years and 11 months ago by attorney Ms. Ivette M. Santaella, 925-831-4840   |   1 Answer   |  Legal Topics: Estate Planning
It is recommended that you retain Califoria counsel since the trust is based there.  Contact the county bar association where the estate is located.
It is recommended that you retain Califoria counsel since the trust is based there.  Contact the county bar association where the estate is... Read More

How can I get Medicare to accept responsibility for currently submitted claims that do NOT belong under the worker's compensation umbrella?

Answered 4 years and 2 months ago by attorney Ms. Ivette M. Santaella, 925-831-4840   |   1 Answer   |  Legal Topics: Estate Planning
Contact HICAP -- they can help you with issues regarding Medicare.
Contact HICAP -- they can help you with issues regarding Medicare.

who would be next of kind

Answered 4 years and 2 months ago by attorney Ms. Ivette M. Santaella, 925-831-4840   |   1 Answer   |  Legal Topics: Estate Planning
If there is no Will or Trust, then the instestacy laws of California will generally distribute evenly to all of the children.
If there is no Will or Trust, then the instestacy laws of California will generally distribute evenly to all of the children.

How to become power of attorney

Answered 4 years and 2 months ago by attorney Ms. Ivette M. Santaella, 925-831-4840   |   1 Answer   |  Legal Topics: Estate Planning
If your parents still have capacity to understand that they are giving you legal authority to make decisions for them - testamentary capacity - then they can retain counsel to prepare the powers of attorney. If not, then you will need to consider a conservatorship.
If your parents still have capacity to understand that they are giving you legal authority to make decisions for them - testamentary capacity - then... Read More

Question regarding medical mistreatment

Answered 4 years and 2 months ago by attorney Ms. Ivette M. Santaella, 925-831-4840   |   1 Answer   |  Legal Topics: Estate Planning
It is not clear if your friend was in a skilled nursing facility, but if she was, then cannot give up her bed if she has to go to the hospital.
It is not clear if your friend was in a skilled nursing facility, but if she was, then cannot give up her bed if she has to go to the hospital.

May I use my "single" name instead of my "married" name for my first will & trust? Should will & trust state "married" or "single" or "divorced"?

Answered 4 years and 3 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You need to use your legal name, which is your married name.  Just be sure to leave nothing for your current husband, by naming him by his legal name.
You need to use your legal name, which is your married name.  Just be sure to leave nothing for your current husband, by naming him by his legal... Read More

Can I take an executor to court?

Answered 4 years and 3 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the 11/22/2005 will is the last will, then you will have to challenge its validity in order to have the two older sisters not be the co-executors.  For that I would need more information.  Please be aware that they cannot do as they please, since the probate court in theory will be there to make sure the terms of the will are followed.... Read More
If the 11/22/2005 will is the last will, then you will have to challenge its validity in order to have the two older sisters not be the... Read More

Does joint tenancy grant automatic transfer of ownership at death?

Answered 4 years and 3 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Joint tenancy means that the survivor becomes the owner of the whole property.  Even if he had a will, it would not help; the owner is the remaining person on the grant deed.  I would have to see the grant deed to know for sure.
Joint tenancy means that the survivor becomes the owner of the whole property.  Even if he had a will, it would not help; the owner is the... Read More

I am married to an older retired man. He is 79 and I am 57, we have been married for 17 years.

Answered 4 years and 3 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If your husband did in fact put your name on the deed, he CANNOT take your name off.  I would need the address so that I could see what deeds have been recorded.
If your husband did in fact put your name on the deed, he CANNOT take your name off.  I would need the address so that I could see what deeds... Read More

Does my home have to show my living trust name as the owner?

Answered 4 years and 5 months ago by Penelope Park Bergman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes - titling the property into the trust is a critical and necessary step to avoiding probate court.  If the title is left in your name, your loved ones will need to petition the probate court to get title transferred into the trust, which will cost far more than $500.
Yes - titling the property into the trust is a critical and necessary step to avoiding probate court.  If the title is left in your name, your... Read More

CA separate VS community property and parent inheritance

Answered 4 years and 5 months ago by Penelope Park Bergman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
In order to ensure protection against a claim by your spouse, this will require estate planning by your parents.  Simply adding your name to title while they are still alive and while you are married is problematic.  Estate planning can not only help protect against a future divorcing spouse and creditors, but there are also tax benefits to transferring assets through death.   ... Read More
In order to ensure protection against a claim by your spouse, this will require estate planning by your parents.  Simply adding your name to... Read More

How do I put my name on my mom's deed she wants to give me her house before she passes. And her name off the deed? And will this hurt her chances for

Answered 4 years and 9 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
As for as capital gains taxes, it is better for you to get it upon her passing, so that your basis for determining income will be higher, which will give lower net income, and, therefore, less taxes.
As for as capital gains taxes, it is better for you to get it upon her passing, so that your basis for determining income will be higher, which will... Read More

When there are two siblings in a family trust should they both be co- executors after parents pass.

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Your parents can name whomever they want as successor trustees but are generally advised not to appoint co-trustees.  Co-trustees can be responsible for one another's actions.  In an already fractious situation, this could lead to more trouble.  The person who is not a trustee is entitled to annual accountings (in most states if 25 or older).  Most revocable living trusts distribute assets and terminate quickly after the death of the second spouse to avoid high taxes.  Your parents should discuss the particulars with their estate planning attorney.  It is really none of your business.... Read More
Your parents can name whomever they want as successor trustees but are generally advised not to appoint co-trustees.  Co-trustees can be... Read More

I was told in front of witnesses that I get cryptocurrency when friend dies. When he died, his family didn’t care what he wanted. Please Help?!

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
There is no such thing as an oral Will.  You are out of luck.
There is no such thing as an oral Will.  You are out of luck.

After the death of a family member with no will, does one family member have the right to ransack the home and take all the jewelry & items from the

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
While this often happens, once the court appoints an administrator of the estate, that person can sue for conversion (converting the estate's property to their own).  Talk with a local probate attorney about applying.
While this often happens, once the court appoints an administrator of the estate, that person can sue for conversion (converting the estate's... Read More

A large financial institution incorrectly distributed my mother's IRA assets after she died; can I sue?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Rather than jumping to an expensive suit, you might call this to the attention of the institution and the recipients.
Rather than jumping to an expensive suit, you might call this to the attention of the institution and the recipients.

Can I buy a house and put my children name on the title invade I’ll need Medicaid assistance in the future? Thank you

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Putting your childrens' names on the title is giving them a gift.  This may disqualify you for Medicaid for months or years if you need it within five years of changing the deed. Putting your childrens' names on the title is not necessary for the home to not be counted in determining your eligibility for nursing home Medicaid. If you want your home to pass to your children free of Medicaid estate recovery, consult a local elder law attorney about a transfer on death deed.  You can find one near you using the website of the National Academy of Elder Law Attorneys (www.naela.org).  ... Read More
Putting your childrens' names on the title is giving them a gift.  This may disqualify you for Medicaid for months or years if you need it... Read More

My mom and I co-own a home, she has now hired a lawyer to force a sale. What can I do?

Answered 5 years and a month ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You need to become her conservator ASAP!!!
You need to become her conservator ASAP!!!
Estate Planning
California

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