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 - Page 2
Do you have any California Estate Planning questions page 2 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.

Recent Legal Answers

A quit claim deed does not transfer title.  It merely announces that someone quits making a claim to, say, an easement over their neighbor's driveway.  To transfer title you will want a general or special warranty deed.  You may also want to talk with a local residential real property attorney to make sure that the deed is properly drafted and recorded.... Read More
A quit claim deed does not transfer title.  It merely announces that someone quits making a claim to, say, an easement over their neighbor's... Read More
Your description shows that you know the answe:  change the locks, take away the keys to the car.  If you do not, you will wind up suing your siste for conversion
Your description shows that you know the answe:  change the locks, take away the keys to the car.  If you do not, you will wind up suing... Read More
Yes, he has to follow the instructions in their estate plan documents.  Your rights as a beneficiary to your sister's estate would depend upon the terms of the estate plan.  You should consult with an attorney to review the estate plan and advise you as to your rights and options.... Read More
Yes, he has to follow the instructions in their estate plan documents.  Your rights as a beneficiary to your sister's estate would depend upon... Read More
Capacity can vary.  It is entirely possible that at times your mother had legal capacity and at other times she did not.  Unfortunately for you, it appears that she saw the attorney when she did not.  Now that she is dead, nothing can be done about that.
Capacity can vary.  It is entirely possible that at times your mother had legal capacity and at other times she did not.  Unfortunately for... Read More

Gift tax

Answered 5 years and 4 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
More detail is needed, by most likely there will be no gift tax.
More detail is needed, by most likely there will be no gift tax.

Is this free service

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
General education is provided for free.  For actual legal services, you must contact an attorney.
General education is provided for free.  For actual legal services, you must contact an attorney.

Am I a settlement beneficiary

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Only if he left it to you in his Will.
Only if he left it to you in his Will.
If your father had a revocable living trust, his Will will only be submitted to probate and become a public document (which you can see online or via the local probate court clerk) if there was property outside the trust which passed not to designated beneficiaries but under the Will. If your father had a revocable living trust, it became irrevocable on his death.  If you were a named beneficiary of that trust and are over a certain age (say, 25), most states would require that you be provided with an annual accounting but not with the trust instrument itself. Please note that most of the time, particularly if there is a long marriage, a revocable living trust provides that everything passes to the surviving spouse.  Sometimes, when there are a lot of assets, the revocable living trust provides that principal or that whatever is left passes to the children on the death of the surviving spouse.  Occasionally, something is also given to the children on the death of the first spouse, perhaps so that they will not be "beneficairies in waiting" for the surviving spouse to die. ... Read More
If your father had a revocable living trust, his Will will only be submitted to probate and become a public document (which you can see online or via... Read More
Some might question whether you were of sound mind when you drafted the Will if you suicide shortly thereafter.  Please remember that suicide is often a permanent response to a temporary problem.
Some might question whether you were of sound mind when you drafted the Will if you suicide shortly thereafter.  Please remember that suicide... Read More
Ask a local probate attorney whether enough time has passed for you to demand an accounting of the exxecutor or administrator (presumably your mother).
Ask a local probate attorney whether enough time has passed for you to demand an accounting of the exxecutor or administrator (presumably your... Read More
Sadly, unless you had a written agreement with your roommate and unless your roommate has funds from which you can recover, even if you bring an action in small claims or justice of the peace court, you are unlikely to get anything out of him.  Your best bet may be to sell your home subject to the lien (retainer) and hope to get something out of that.... Read More
Sadly, unless you had a written agreement with your roommate and unless your roommate has funds from which you can recover, even if you bring an... Read More

Is there a statute of limitations on receiving inheritance

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You are too late by decades.
You are too late by decades.

How to distribute an estate?

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Sell the house and be done with it.
Sell the house and be done with it.
The title shows who owns the car.  Your grandpa can only pass partial title because he only had partial title.
The title shows who owns the car.  Your grandpa can only pass partial title because he only had partial title.
None.  However, if the "mental issues" mean that your aunt has been declared disabled by Social Security, someone should contact a special needs attorney to ensure that the inheritance goes to a special needs trust in order to preserve your aunt's needs-based public benefits such as SSI and Medical.... Read More
None.  However, if the "mental issues" mean that your aunt has been declared disabled by Social Security, someone should contact a special needs... Read More
The document you sign governs.  Your feelings and those of your siblings do not.  If your aunt had wanted the loan to be an advance from your inheritance both the loan document and her Will should have provided for this.
The document you sign governs.  Your feelings and those of your siblings do not.  If your aunt had wanted the loan to be an advance from... Read More

Can i get him out?

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Hire a local attorney to file for eviction ("forcible detainer").
Hire a local attorney to file for eviction ("forcible detainer").
This is the job of the executor of her Will or, if there is none, the administrator of her estate.  Please contact a local probate lawyer.
This is the job of the executor of her Will or, if there is none, the administrator of her estate.  Please contact a local probate lawyer.
The wife survived the husband.  She inherited all his property.  What his Will provided in the event that she did not survive him is irrelevant.
The wife survived the husband.  She inherited all his property.  What his Will provided in the event that she did not survive him is... Read More

I received an Estate check for my deceased brother. How can i cash it?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Someone must open an estate for your brother.  Consult a local probate attorney.
Someone must open an estate for your brother.  Consult a local probate attorney.
A trust is a private document.  If the lawyer only has a 2012 version, that is all she can go by.  The deceased may have intended to update it but died before he could.
A trust is a private document.  If the lawyer only has a 2012 version, that is all she can go by.  The deceased may have intended to update... Read More
Executors typically require beneficiaries to either sign off on the accounting or sign a Receipt and Release to protect themselves from making a distribution and then being sued by a beneficiary who claims that it was not enough.  If you have evidence tending to prove that the accounting was fraudulent or inaccurate, contact an attorney who does fiduciary litigation.... Read More
Executors typically require beneficiaries to either sign off on the accounting or sign a Receipt and Release to protect themselves from making a... Read More

How do I get my sister to read my fathers will

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Deeds trump wills.
Deeds trump wills.

Is a Deed valid if signed before death but recorded after death?

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
A deed must be "delivered" before death.  Recordation is evidence of delivery.  Depending on the facts, there may be other evidence which is (or is not) sufficient.
A deed must be "delivered" before death.  Recordation is evidence of delivery.  Depending on the facts, there may be other evidence which... Read More
Discretion means discretion.  It does not mean at the approval of the court.  However, in some situations, it would be prudent for a trustee to seek a court order to avoid (other) beneficiaries later complaining.
Discretion means discretion.  It does not mean at the approval of the court.  However, in some situations, it would be prudent for a... Read More