California Estate Planning Legal Questions

You first need to check out all the pro's and con's of using an LLC. I know many real estate "gurus" proclaim getting an LLC is essential, but they ignore the tax consequences and costs. Very few investors ever get sued where the damages threaten their assets. You have insurance on the house which will cover you in all likely cases. There is normally an annual charge of several hundred dollars per year to keep the LLC current. ?By putting the house in an LLC the IRS likely would consider you being in the business of renting as opposed to just getting some rental income. So you probably could not claim the lower capital gains rate; I assume that the LLC would be taxed on any gain from the sale of the house and then you would also be taxed on the income from the LLC [I am not sure of that]. If a tenant sues they may very well claim that you actions were outside the scope of running the LLC so you have personal liability. There is a greater bias by judges and juries against businesses than individual owners. For the extra money you have to pay for the LLC, you can buy much higher insurance coverage that would almost definitely protect your own assets.... Read More

A Will or estate disposes of assets that exist at the time of death that are owned by the person who has died. If the asset was placed in a Trust, the Trust owns the property and it goes to whomever the Trust indicates. So you have to find the trust document, see if the property was properly transferred to the Trust, point out to the wife what she has taken that the estate did not own, and sue her if necessary.... Read More

Owners who have ownership with others can not be evicted or be charged rent by the other owners. The decision to sell has to be unanimous, unless the other owners file a partition suit and get the court to order the sale of the property with the proceeds divided among the owners. If there are really are only minor repairs, there should be no problem in living there while the repairs are made. Obviously, it is more difficult to sell the home with someone living in it than it being empty; also, they may be afraid you will discourage people from making a purchase offer.... Read More

It depends on how you held title to the properties.  You may need a probate action if he was the only one on title or if you didn't hold title in a way that you receive his share of the properties.  Even if you have a right to survivorship, you will need to record documents.  Have an attorney assist you with this.... Read More

You have to give us much more information. Is there a Will or Trust, who are the heirs, has probate been filed or does anyone intend to do so, who is the executor, etc. If you are an heir under California law, you will have to probate the estate so a transfer of title to the house can occur. See the Nolo Press books on Wills and Probate to get an idea of the process.... Read More

It is her money to do with as she wants, unless she is mentally incompetent. There must be some reason she is not giving him any part of the house, possibly that he does not get along with his younger brother or orders him around. He has absolutely no legal right to anything from his mother unless he paid for it as a non-gift. Stay out of the controversy as you can do nothing constructive.... Read More

You are much too unclear as to the facts for us to answer you. Please give many more details, such as what right did your daughter have to ownership of the house. Cities generally do not give loans. If she lived in the house and used all the water consumed, why should she not be liable for that expense? She used the water and not the dead son. She might have had no right to live there and must pay back rent.... Read More

None of the owners have to pay any rent to the other owners since all of them could have lived there. The cost of any improvements [which after all goes to reduce the amount of capital gains] and mortgage payments should first be reimbursed to the one who paid them. Repair costs likely should also but are not as clean cut. Utilities were used solely by the person living there and they should not be reimbursed. If a substantial sum is involved, all of them might want to speak to a local attorney who handles real estate tax issues, because the capital gains of the residing owner [I believe the first $250,000] are protected from state tax but would not be protected as to the non-resident owners so they might want to see if it is not too late to make some type of ownership interest change to reduce taxes.... Read More

No, you have not abused anyone; that?s just plain silly. If Dad died in California, you should contact the Cal State Controller, who maintains custody of property of deceased persons. If the property is community property (entirely earned in Cal. during the marriage) it would go to the wife, assuming that she is the wife. If it is separate property (traceable to property owned by Dad before marriage, or inherited by him) it would go half to her and half to you, unless you have siblings, in which event it would go one third to wife and two thirds to kids. The heir-finding companies are a bit of a rip-off, in that they charge for getting you something that you are already entitled to. However, they do perform a service in that they alert you. Don't expect them to fight for you; that's not their job. They are just looking for a percentage, no matter who get?s the money. Someone needs to research the divorce issue, and you need proof of the condition of the wife and the power of atty.... Read More

The term administrator is normally used as to a Will. Are you the trustee of the Trust? Why do you need the medical records? ?Contact the medical provider to see what they want, but they will not give it to you without a showing of why you want it and that you are legally entitled to get it.... Read More

Ask the friend to show you his POA on the basis that the hospital will not allow him to say anything unless they know there is a POA made while your brother was mentally competent. Tell him if he will not show it to you, you will tell the medical provider you doubt there is a valid POA and you will legally dispute any decisions not made by the next of kin [which means the hospital will probably not honor the POA].... Read More

Since he owned the mobile home before you were married, it is his separate property. If he has no Will, then Separate property or property purchased before marriage is subject to the California succession rules. Under California law, a surviving spouse has a right to all of the decedent's separate property if he has no surviving children, issue, parents, siblings or nieces and nephews. If the decedent has one child, the child and the surviving spouse share any separate assets. If his parents or siblings survive the decedent, California law awards the surviving spouse 50 percent of the separate property, while his parents or siblings receive the other half. One owner of the property can not evict the other owner and none of the owners have to pay rent for themselves. If he has a Will, then his separate property goes to those named in the Will. But this is then complicated if, as in your case, the surviving spouse may have contributed to the keeping of the separate property. So if the money you gave to him went to pay for the mortgage on the home or repairs to it or the rent paid, the separate property might be converted into community property to the extend of your contribution, or you might be entitled to get back from his separate property the amount of your contribution. But if the money you gave to him paid only for living expenses, such as food, cable TV, etc., then the trailer home remains separate property. Ask him why he does not want to put you on the deed; does he not want you taken care of when he dies? What is he afraid you might do if the home title is changed to community property with the right of survivorship [who ever survives the other gets full title]. If the transfer is made to a spouse, it does not result in a reappraisal of its value and an increase in the taxes. If he wants to keep the property in his name, then he could set up an irrevocable trust, with you as trustee, in which the property passes to you only upon his death, and put the house in that. The trust could be worded to end when you die.... Read More