California Estate Planning Legal Questions

Sorry. Only a living, competent person can issue a power of attorney. In California, there may be an available alternative to a traditional probate case if the total estate is less than $150,000, or if all the property was community property at the moment he died without a will. Otherwise, a probate case is necessary to transfer property that was not owned in a trust, in joint tenancy or for which an effective beneficiary designation was made. The estate attorney can make a determination what procedure, if any, is appropriate and available.... Read More

If you own the property, the Will takes precedence. If the property is in the trust (e.g., titled in the names of the trustees), then the trust controls. If there was a stated intention to transfer it into trust, but it was never carried out, or there was a defect in the attempted transfer, then it is an open question in California; lots of cases going both directions.... Read More

Yes, it matters. First, it is a violation of the trust instructions. Secondly, by reducing the principle you reduce the future income, but paying out of the income has no effect on the size of the principle. Since you three are the only beneficiaries, no one will know, but it should not be done.... Read More

The facts of your case are unclear, and ultimately you will have to discuss this with an attorney.  If there is a trust and you're the successor trustee, you will need a copy of the will and the trust.  You shouldn't have to wait 60 days.  Contact an attorney for a full consultation.... Read More

The facts of your case are unclear, but I understand that your brother died without a will and that he owned a house.  If you are his only heir, then you can initiate a probate action to transfer the house to yourself or sell it.  Contact an attorney to initiate a probate proceeding.... Read More

Was her estate probated so title to the property was transferred? Even though she owned the property before she was married, he still might have a community interest as to the payments jointly made while they were married. If he has any legal interest in the property, an owner can not evict another owner in possession of the house. You need to be sure that the local recorder's office shows you have a legal interest in the property.... Read More

The best thing to do is to talk with an estate planning attorney to get it done correctly.  Your attorney should draft an estate plan that will avoid a probate proceeding at your passing and avoid any conservatorship proceedings in the event of your incapacity.  Although there will be axcillary documents, the core documents of an estate plan will include (1) a will, (2) a revocable living trust, (3) a durable power of attorney, and (4) an advance health care directive.  You should also be transferring your home to the trust.  Call an estate planning attorney for a full consultation.... Read More

In Tennessee, even if she is not included in the will, she is entitled to a certain percentage of the estate based upon length of marriage, and other items. If the spouse is still alive, they can complete an anti-nuptial agreement. If the spouse is deceased, she can disclaim her right to any asset. She needs to confer with counsel.... Read More

Your father's probate estate should receive any disbursement that would have passed to your father. If he had a will, then that will control the ultimate distribution of his estate. If no will, the Tennessee's law of intestate succession will control. You and other heirs need to seek the advice of counsel.... Read More

You state that "our attorney" contacted other counsel. You need to ensure that your attorney practices in this area and if not, hire an attorney that does so. Your mom has no inheritance rights under intestate succession. You provided no information as to whether your grandfather's estate was probated. ... Read More

You can name as many executors as you want, or can name a primary executor and secondary ones to act if the primary does not or can not do so. But if you name all three, unless they are extraordinary, it will be very difficult to get all three to agree to any single course of action involving any significant amount of money or asset. It is best that in your Will, you state as much as you can as to how you want the assets you have at death divided up [giving any one asset to more than one child will create problems]. There is almost a 100% guarantee that the nicest child will be taken advantage of by their siblings.... Read More

You are mixing two legal concepts up. Cosigning merely means another person agrees to be liable for a certain debt; it does not create any ownership interest. Another person on title means they have an ownership interest but are not necessarily liable for any debts. So if it is the latter situation, you are not liable for your brother's debts, but if he gave the lender a security interest in your house, the lender can go against that asset. If you brother borrowed money but did not put up any part of his interest in the property, it is an unsecured debt and the lender can not go against the house until they get a judgment against your brother and then the lender can go after the house as being one of his assets. If you did put your brother on title, and he is not willing to reconvey his interest back to you [quit claim deed easiest way], then you have a major problem. You would have to prove in court, after filing suit, that you did not realize you were giving him title. His lenders might try to sue to argue it was a fraudulent transfer for him to give back full title to you. You need to speak to a real estate attorney to determine what your status is and what can be done. Then see if your brother is willing to go along, or will he force you to pay off part of the debt. If the debt is smaller than the cost of filing suit and hiring an attorney, it may be wiser to pay that part of the debt by saying you are buying his interest, so it will at least increase the basis on that part of the house to save some capital gains taxes, but you have to be sure it does not result in a re-appraisal of the entire house causes your taxes to go up.... Read More

Is she really willing to do so? ?It probably would not be very smart for her to do so. if she transfers her whole interest, or even part of it, the lender will probably say the loan is all due and payable [if there is a due on sale clauses], the house may be re-assessed to its present value so the taxes go up, etc. You probably need to speak to a real estate attorney in your state.... Read More