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.
Estate Planning
California
Recent Legal Answers
The preferred method is to set up a trust, and transfer your home to the trust. Transfer on death deeds are brand new for 2016 in California,... Read More
You may deed over the property during your life but that is likely to have adverse tax consequences. A trust might be a better idea.
File a complaint to partition the real property, where upon the court will order a sale and divide the proceeds.
It may not necessarily be a probate matter. If there is a writing in which the person in possession acknowledges that it was an arrangement that... Read More
Trusts are not filed with the courts. ?As creator of the Trust your mother has to change who is trustee, you can not do it. ?Look into getting a... Read More
In California a Will may be proven by sworn testimony from one who has express knowledge of its contents. The presumption that the Will was revoked... Read More
Did the "Company" draft the trust, or did they administer it after death? Is Mom alive? Why is a "company" involved?
Your question is very confusing and does not tell us anything about ownership of the property, etc.
Probably none, but in a creditor claim for half the value property increased in value the last 5 yrs; you will probably have to follow up with a... Read More
I assume the $435 is the filing fee. If you do not pay it, you can not appear in court to argue the matter. That does not mean the judge will... Read More
No, but the Judge may not be happy that no written objection was filed. I would advise the widow to appear also.
Certainly, but no one is going to give you much. Since your brother lives there rent free [as could you], it would be difficult for a buyer to be... Read More
You cannot encumber half of a property with a loan, so you would need the consent of the other owner. You can sell your interest in theory, but in... Read More
You probably have something showing the court case no. Use that to go on-line to the court's web-site and check the status. If there has been an... Read More
No. When the grantor died the trust is irrevocable.
By bringing a petition for removal, accounting, etc., you are not contesting the trust, but merely the administration. You should see a trust lawyer... Read More
Go to the county recorders office and look up the property, which will show all recorded transactions as to title to the property.
Check the properties title online at the county assessor's office, Zillow (or a similar service) or if necessary check with a title company.
That depends on several factors. As executor, your sister has very little power until and unless she is appointed administrator of the Will by the... Read More
In California, depending on the language in the trust, the balance will likely go to your brother or to your heirs, regardless whether you have a... Read More
Absent a Will giving her the right to his ashes, no. The POA expired as soon as he died. A girlfriend has no legal standing; I am surprised the... Read More
If you are a beneficiary or heir at law, you are entitled to a copy of the trust. Your request should be to the acting trustee.
Hard to say without a complete review. Special needs trusts have been under attack in recent years. Please see an experienced trust lawyer.
You have only the beneficiary rights under California's intestate succession laws. If there are other offspring you are sharing the estate.