California Estate Planning Legal Questions

All powers of attorney end upon death of the person granting them. The person named as trustee of the Trust has to deal with the matter. If she has paid no rent for eight years with her father accepting that, it is going to be difficult to evict her as it seems she was his guest who he never told to leave. The trustee might need to get a court order for sale of the property [a petition for partition will likely cost more than $15,000 to obtain]. If your father-in-law moved out 8 years ago, why did the bank not call the loan. I think most reverse mortgages are only on a person's residence and are due upon sale or establishing a new residence. The trustee needs to speak to an attorney to figure out what can be done. That probably will include offering a "bribe" to her to get her out.... Read More

There are lenders that will lend on a house that is in the name of a trust.  If you want to take title in your own name and you are also a beneficiary of the trust, then you can transfer the property into your own name for purposes of refinancing and then transfer it back into the trust.  You should have already recorded an affidavit of death of trustee.... Read More

1.  California law does not provide for intestate succession for step-children that are not adopted, unless they couldn't adopt due to a legal barrier (a parent wouldn't give up parental rights).  But that legal barrier goes away when the step-children are over 18 years old. 2.  The law of the state where the decedent lived when he died contols.  So Alabama law would apply to this estate, not California law.  You should ask this question again under Alabama law.... Read More

You would have to open a new bank account in the name of the trust, if you would like to do that.  Otherwise, you can name the trust as the beneficiary of the account on your passing away.  Most of my clients name the trust as the beneficiary, regardless of the amount in the account.... Read More

Within certain limits, almost anything can be introduced into evidence in court. Your term "legal document" does not make sense. ?Are you wondering if the letter can be used to show the LLC owes you money? Unless it was signed by someone with authority to confirm debts of the LLC, it probably could not be used to prove the debt.... Read More

If your mother is of sound mind, have her write a Will that really reflects what she wants; she should then keep it secret from your siblings but give you the original for safekeeping. When they try to get her to write another Will, get her to make some mistake that will invalidate the new Will [such as if in California, have her hand write the Will on a piece of paper that already has something typed on it; see the Nolo Press books on what is required]. See if she is willing to set up a Trust so the property is distributed as she really wants it to be. Her constant worry is bad for her heart so your talking to her about this will have no added detriment. Get her to have her DR.say the discussions she has with them have to stop because it is bad for your health. Based upon my own experience and what others have asked questions about, do not expect your mother to cut them off. Mothers always forgive their children and want to provide for them, no matter how bad and evil they are. She will feel they need her help and you do not, so at best she might split her assets into equal parts. There probably are not enough in assets to set up a Trust to be managed by some independent trustee [not you, because them will come begging to you all the time] to make periodic payments when they need it. Just remember, no good deed goes unpunished.... Read More

If it is your Will, you just write an amendment [codicil] to the Will saying all terms remain but "X" is entitled to nothing. Make sure the amendment is kept with the other copies of the Will and that if you designated a specific item or sum to that person that you indicate who will get his share.... Read More

Probate Code Section 6124 has a rebuttal presumption [means the burden of proof shifts to you] that the Will is not valid only if there is no signed copy of the original Will, which you say you have. You need to speak to the judge again, with a copy of the applicable code sections and google the topic and see if you can find any case law in your favor. Give the judge a summary of the law before the hearing. You could try to write him a letter saying you may have misunderstood him, but judges normally will not read letters. If he made a ruling, you could ask for reconsideration. Speak to some local probate attorneys to see what their experience is with that judge if he is not very familiar with the law.... Read More

Your question confuses many facts. If the insurance policy lapsed, there is no death benefit; there might be a provision that a certain amount is paid back of the premiums paid but you have to look at the contract. If they had to pay the death benefit, a person could make the first premium payment and then never pay again but their beneficiaries could claim the death benefit; that makes no sense. As to the Trust, the assets in the trust must be distributed as stated in the Trust; if a beneficiary waives their right to any asset, then you have to look at the terms of the Trust to see what has to be done. If your brother rejects assets, you have no right to collect them unless the Trust so states. ?I am unsure if the Trust can pass real property by a quit claim deed, but it certainly can not to someone not named as the beneficiary of the Trust property.... Read More

It is difficult to understand what you are asking. If you mean that you have been evicted from the house and not let back in, an owner of a house can not be forced to pay rent or be removed from the house by another owner. Has the property been probated so title has gone into your name? Your being named in the Will does not give you an ownership interest; the Will has to be probated for title to change.... Read More