California Estate Planning Legal Questions

Are you asking who would win a lawsuit over the ceramic Christmas tree? Assuming that your mother's Will does not leave the item to the friend, and assuming that the friend gave it to her rather than just loaning it to her, then a court would probably award it to your mother's heirs (and I assume that would be you). But, in the spirit of Christmas, I urge you to consider giving the tree to the friend as a gift from you. By doing so, you would be giving the friend an item to help her remember your mother (and you) fondly.... Read More

The house was supposed to go to the heirs of your parents through a probate action.  That would probably be their children, including you and your brothers and sisters.  Just because you've lived in the house, doesn't mean that you are entitled to all of it.  There is such a thing as adverse possession, but I don't think that you meet the qualifications.  You should initiate a probate action to transfer the house to the heirs, including all of your siblilngs.  If any of your siblings do no want their share, then they can disclaim their interest.... Read More

The transfer of half of the house to you will have gift tax consequences for your mother to file a gift tax return. If the goal is to avoid probate, then a trust is the best way to do that.  A joint tenancy of the home assumes that you survive your mom and that you don't both die at the same time.  Whereas a trust will provide for those contingencies.... Read More

A power of attorney is not established, but the hospital has the problem that a decision as to health care treatment must be made to the logical choice is the next of kin as having the most interest in the medical status of the patient who is unable to give or deny their approval as to treatment.... Read More

Having a Power of Attorney and being a trustee are two different and inconsistent ways of handling similar problems. ?There is can be no POA in a Trust;if you are a successor trustee, you can not do anything as to the Trust unless the initial trustee refuses to or can no longer under the trust terms act as a trustee.... Read More

What state(s) did they live in together? She might be his common law wife, if they lived in a state that recognizes common law marriage. Otherwise, his family would inherit the things that belonged to him. However, they have no claim on your sister's family heirlooms and other items that belong only to her. This is a very common problem. Unmarried couples need estate plans or they need to be very clear about keeping their assets separate.... Read More

An unexecuted divorce decree is not a substitute for a will. One party can not argue the other breached when they also breached. If the deed was held jointly with the right of survivorship, all the property goes to her. If not, she keeps half as her property and then divides the other half with the children. She can argue that she is entitled to be reimbursed for the excess amount of the loan payments she makes. There appears to be no basis for the children to challenge anything. Also, what type of situation is it where the children want to take away the property from their mother, unless she was a really bad mother.... Read More

If your grandson is a minor, the insurance company will ask for court approval of the settlement [so when he turns 18 he does not sue their insured alleging the amount was inadequate and they took advantage of him] and it will be up to the court to decide what funds can be released from the trust which will be set up. It may be difficult to convince the court to allow the use of any funds for the benefit of the family and not your grandson himself.... Read More

You are confusing various legal terms. A trustor sets up a trust to be administrated by the trustee according to the instructions in the trust document. Anyone can be the trustee and prepare the language of the trust. If no trust existed until the second trustee was appointed, then that "second" trustee is actually the initial trustee. If the trustor is still alive, ask him why the changes were made and did he/she know what the changes meant.... Read More

Unless he was named on the bank account, he would not legally be able to withdraw any money from it. Since he does not have title to the car, your father should demand it be returned. If your brother is still on parole, you can point out that you will go to his parole officer unless he acts properly.... Read More

No, the Will can only be changed by the person who authored it, who is dead. She only give what she herself owns. You need to take the Will to a local probate attorney and see what can be done. You will probably want to probate the Will and get your portion as soon as possible. However, whatever she inherited from your father she can dispose of as she wants.... Read More

Seems to be some confusion here. A deceased person?s will cannot be changed. But Dad is dead, so presumably his estate (or jointly held property?) went to wife. She, now, can change HER will. However, if they had a trust, the trust may have become irrevocable upon Dad?s death. We need more facts. Better still, have a half-hour conference with an estate lawyer.... Read More

Unless he told the entity he injured that he was the beneficiary of a trust, they will not know and the trustee, who runs the trust, will probably have no knowledge. He can not withdraw the money unless the trust documents allow that. If it is a large sum, the people he owes money to may periodically ask about his financial status [that it is in his wife's name is irrelevant, it is his money and if he gives it to her it may be community property which is subject to his debts]. If he injured someone or some company, he should pay his obligations and not cheat someone out of the damages he has done. Obviously, being in prison did not fully reform him. Likely he will in the future be convicted of some other crime.... Read More

Before you do that, you need to know what the consequences of doing so are [if adding a child, then they loss the stepped up basis on your death and if they become a pain in the neck, including bringing in a romantic partner you can not stand, you can not kick them out of the house or charge rent]. Speak to your lender about what will happen as to the mortgage, but they are almost certain to charge you something. Also, you will have to tell the County and they will reassess part of the property to its current value so your property taxes may go up.In general, it is not a good idea to add a child to the title of your home.... Read More