346 legal [2, *]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.
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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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
Hello. I am sorry this has happened to you. Unfortunately, it happens quite often to people. I will gladly help you retrieve your... Read Answer
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 Answer
It is recommended that you retain Califoria counsel since the trust is based there. Contact the county bar association where the estate is... Read Answer
Contact HICAP -- they can help you with issues regarding Medicare.
If there is no Will or Trust, then the instestacy laws of California will generally distribute evenly to all of the children.
If your parents still have capacity to understand that they are giving you legal authority to make decisions for them - testamentary capacity - then... Read Answer
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.
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
Your parents can name whomever they want as successor trustees but are generally advised not to appoint co-trustees. Co-trustees can be... Read Answer
There is no such thing as an oral Will. You are out of luck.
While this often happens, once the court appoints an administrator of the estate, that person can sue for conversion (converting the estate's... Read Answer
Rather than jumping to an expensive suit, you might call this to the attention of the institution and the recipients.
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 Answer
You need to become her conservator ASAP!!!