471 legal [2, *]questions have been posted about trusts and estates 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 powers of attorney, charitable giving, and asset protection. All topics and other states can be accessed in the dropdowns below.
Recent Legal Answers
You'll have to work with an attorney on this to make sure that all of the assets of your mother's estate are properly probated or administered under... Read Answer
If you think that his estate may near the $150,000 mark, then you should initiate a small probate action and have a probate referee appraise the... Read Answer
Yes. Alzheimer's alone does not invalidate a trust for lack of capacity to make a trust. Your mother's primary physician would be the... Read Answer
You'll need an attorney to review the terms of the trust and to properly advise you of your rights. These days, attorneys consult with clients... Read Answer
Unfortunately you often have to hire a real estate litigation attorney to help in these situations. They can file a partition action to force the... Read Answer
A trust is designed to last the trustor's lifetime. So a whole new trust is rarely needed. You will probably be able to get away... Read Answer
Be sure to read the trust to make sure that it supports what you say. My thought is that you are likely not a "co-Trustee" but rather a... Read Answer
Settling an estate takes time, like several months. Tax returns have to be filed. Creditors have to be paid. If there was a probate... Read Answer
Your distribution should include all of your children as beneficiaries. To give all or your property to one child and for her to give her share... Read Answer
I'm sorry but this forum is not going to be able to get you the answers that you need. You're going to have to bring your deed and facts to an... Read Answer
Probably not. Your parent's trust would have to name your trust, and not you individually, as the beneficiary of their trust. That's not... Read Answer
I'm sorry, but I don't understand your question about the beneficiary needing credit/job/money. There is already a mortgage, so why don't you... Read Answer
If everything was in a trust, then the trustee will have to take possession of all of the proerty and then distribute it according to the trust... Read Answer
Everything will depend on what the trust says. You can have a court review the trust or trust actions. Contact an attorney for a full... Read Answer
If you are a beneficiary of the trust, then you are entitled to a copy of it and an accounting of the assets that it holds. Ask the trustee.
If you inherited the property, the relevant appraisal is the value on the date of death. If the appraisal shows that, then ask the appraiser,... Read Answer
If the trustee has the power to distribute all fo the remaining property and to terminate the trust, then the beneficiaries can agree and sign over... Read Answer
Yes, you can take the home out of a revocable trust by a grant deed or quitclaim deed. Then, when you are done with your refinancing, you can... Read Answer
No, a revocable trust does not provide any asset protection or limited liability from creditors.
Yes, a recorded deed from the trust to you and your brothers is sufficient proof of your ownership interest in the property.
Did your father have an interest in the home that you are referring to? Did he have a trust or a will? If so, who are the beneficiaries?
Thanks,Jon
A trustee is a fiduciary for the beneficiaries that owes duties to the beneficiaries. As one of the beneficiaries, the trustee cannot do... Read Answer
If he has an ownership interest in the house, then he cannot be evicted by an unlawful detainer action. The proper action would be for... Read Answer
At all times, you have to abide by the wishes of the trustor (the person creating the trust). If you give the specific gifts and then there is... Read Answer
The short answer is no, a creditor of the trustee cannot attach the trust assets held for a different beneficiary. That is because a trustee is... Read Answer