California Estate Planning Legal Questions

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

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

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

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

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

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