California Estate Planning Legal Questions

Power of attorney only means that if your mother can not be physically present to sign something or give consent, then your sister can act in a way consist with what your mother would want. Find out what your mother wants to do. If she has already died, the power of attorney disappears and the person appointed administrator of the Will determines, with court approval, what to do.... Read More

"I have a trust that I can't touch." What does this mean? Every trust has three parties: Settlor (or Trustor) who forms the Trust and puts something into it. Trustee who manages the Trust Estate. Beneficiaries who get the economic benefit of the Trust. It is certainly possible for you to be trustee of a trust from which you are not authorized to take distributions for yourself. Guardians are for minors only.... Read More

Wills are only probated if someone asks the court to do so. Since he is not leaving anything in which title has to be changed, it is not necessary for his Will to be probated. Tell the son that unless you see a true copy of the Will you will have it probated. Unless the china is worth a significant amount, it probably is not worth the money and time to fight it. There are several Nolo Press books that will give you the basic information as to probate. It normally costs slightly over $400 for every motion you file, and any time you want a judge involved you will have to file a motion. ?A good para-legal could probably do an adequate job, but you need to get an estimate from them as to how much it will cost [and then figure it might be 2-3 times that].... Read More

If there are no assets in his estate, I do not see why it needs to go to probate. In a joint tenancy, the portion of the title the deceased had goes automatically to the other joint tenants. The liens are against the entire property so you will have to pay them or work out a compromise with the creditors.... Read More

If the contract with the companies provides they have a right to look at the medical records, which probably is the situation, you have no choice but to sign, presuming you have the legal right to release the records [under HIPPA, the medical providers will require you to have the legal right the administrator of his estate would have the right but I am not sure if his wife does also]. If he had no pre-existing medical condition that lead to his death, why are you worried? ?If you still are concerned, you need to see an attorney to discuss all the facts.... Read More

The people who administer the operation of a Trust are called trustees, for a Will they are executors [name changes once court appoints them]. If you are trustees, you should have a copy of the Trust document. Contact the attorney to find out what instrument it really is and who is supposed to carry out the handling of any assets.... Read More

You need to speak with a probate attorney. ?You need to verify in whose name the deed is. ?Also, even if it was his separate property [when they divorced, was he given sole possession of the house?] when he remarried, there are numerous ways in which he could have converted it into community property with your step mother. ?Find out if she is willing to give you any of the items you are interested in. ?The rules of intestacy apply when a person leaves no Will. You should look at some of the Nolo Press books on estates to get a better basic understanding of estate law.... Read More

If you believe you are standing to receive an inheritance, you may need to file an action concerning trusts in the probate court in order to compel the production of the terms of the trust. Normally, that action is filed against the trustee, but if there is no trustee and you suspect his wife may have the trust paperwork, this may be the appropriate recourse. In California the action would most likely be filed under Probate Code 17200.... Read More

In California, t here is a presumption that self-dealing as agent under a power of attorney is voidable as a breach of fiduciary duty. Also, if his father lacks capacity to sign a deed himself, the power of attorney he gave your husband may be invalid unless it is a "durable" power of attorney; i.e., survives incapacity. That also raises the question of whether he issued the power to your husband at a time when he had sufficient legal capacity.... Read More

In California, disclaiming an inheritance means the gift is treated as though you predeceased the testator; i.e., it would pass to your wife and children, if you have any. If that is not what you want to have happen, then you may simply refuse to accept delivery of the trailer. No one can be forced to accept a gift or an inheritance, although acceptance will be presumed unless you make it clear that you are rejecting it, such as a letter to the probate court. If your disclaimer or refusal is effective to keep the trailer in the estate, your siblings may be correct; the property would pass by intestate succession, as though there was no will, and if there is no spouse, children or parents to take, then it would go to the siblings and to the children of any deceased sibling, by right of representation. Again, everyone that doesn't want anything to do with it can simply refuse to accept it. The appropriate local agency (Public Guardian?) should be contacted to dispose of it.... Read More

When a person dies, all of their possessions [along with items they physically have but are owned by someone else] that are not in a Trust go into their estate. If there is no Will, the items pass according to the law to spouse, children, other relatives, or to the State if there are no heirs. Technically, everything must go through probate, even if there is a Will. Title to property can not be transferred without a probate order. She could not just transfer ownership of the car to herself; there must be a legal transfer [pink slip is evidence of ownership]. You need to speak to her and find out on what basis she claims the right to anything. If she refuses to probate the estate, you can file. It is a costly and messy procedure, but unless you can clearly show title to some of the objects, it is probably the only thing you can do. There is no such form as you request and even if there were it would be worthless.... Read More

Contact the insurance company [you probably do not know its name but ask her to provide it so you will not bother her again as to the insurance]. The insurance company pays the benefits directly to the people listed as beneficiaries, so unless the insurance company made a mistake, she would not have gotten any of your money.... Read More

He has the power to do it to prevent any unauthorized person from entering the house, but whether it was necessary is another question. The fees charged by the attorney hired by the executor are not regulated and can amount to a very high sum for very little meaningful work done. I would suggest you get all the heirs together and see what you can agree to as to dividing up the assets and then go to the executor to present your plan. That might save a lot of time and costs. Read up on the powers of an executor and how probate is handled by going to Nolo Press books that you should be able to find in your local library.... Read More