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471 legal 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.
California Trusts Questions & Legal Answers - Page 10
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Trusts and Estates
California

Recent Legal Answers

IVE FOUND AT LEAST 300+ deeds titles bonds ect. in my mothers name mary martinez Im RICHARD THOMAS STUBBLEFIELD PLEASE HELP

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 a trust.
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 More

My uncle died recently and without a will. What are my next steps? His estate, as it is, is sure to total no more than $150K.

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 property.  If it is less than $150,000, you may be able to transfer his property without a probate proceeding.  But the amount is not the only consideration of whether or not to file a petition for probate.  Check with an attorney for a full consultation.... Read More
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 More

Can a living trust be replaced with another trust if the person was diagnosed with 1st stage Alzheimer's?

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 best person to determine whether she has the capacity required to make a trust.
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 More

Do I have a right to any of the money from a trust that I inherited from my father, if his third wife has a right to all of it, until she dies?

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 over emails and telephone.  It's not necessary to meet in person, so it doesn't matter if you are in a remote area.  All attorneys can work statewide.... Read More
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 More

How can I get my brother to leave a home we both inherited so it can be sold?

Answered 10 years and 2 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 sale. I am assuming you have already cleared title by probate or there was a trust. If not done that should be done first.  Good luck.  -John... Read More
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 More

Does my mother need to revoke and/or revise her entire living trust (was joint with my father) after my father dies?

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
 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 with an amendment to the trust. Besides, you'll have to read the trust itself.  Once one trustor dies, then sometimes subtrusts are created and part of the trust becomes irrevocable. When one trustee dies, you may have to record an Affidavit - Death of Trustee with the county recorder. There is some trust administration to do when a trustor dies.  Contact an attorney for a full consultation.... Read More
 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 More

Fiduciary Responsibilities of trustee

Answered 10 years and 2 months ago by attorney Paige M. Baker   |   2 Answers   |  Legal Topics: Trusts
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 successor Co-trustee such that you only rise to the role of co-trustee by your mother's inability to serve as trustee.  That will be deifned by the trust document itself.  If that is the case then you are not entitled to an accounting at this point. Co-trustees must act unanimously unless the trust says otherwise so you need to read the trust carefully and see a lawyer to go over the issue with you if it is still  not clear to you what your role is at this time.       ... Read More
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 More

Living Trust distribution of funds after death

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
Settling an estate takes time, like several months.  Tax returns have to be filed.  Creditors have to be paid.  If there was a probate action with no hiccups, then it would take 9 to 12 months.  So count on that long to make any distribution from the trust.
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 More

Is it better to have a set amount for property distribution or base it on property values upon death?

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 to the other two, would set up a fight in your family.  I see it time and again.  It would also create a gift tax return to be filed by your daughter who receives the property from you. Rather than giving an amount or limit on distribution, normally you would give a percentage of your estate. Have an attorney advise you and draft the dispositive provisions of your trust.... Read More
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 More

ENTITLMENT/RIGHTS

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 attorney to discuss this matter.  Call or email an attorney for a full consultation.
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 More

If you are a benificary in a parents trust, does that atomatically transfer into an existing trust

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 usually the protocol of a trust to name another trust as the beneficiary.  When your parents pass and the trust distributes property to you, then you will have to transfer that property to your trust.  It's not automatic.... Read More
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 More

If there's a mortgage on real property in a living trust, does the beneficiary need credit? Job? Money? Must mortgage holder allow chance at payments?

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 just make the monthly payments from the rents?
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 More

i need advice for how to go about taking posetion of proprty that was left to me in a trust, that was at my brothers house, he has just passed and now

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 instrument.  Contact the successor trustee.
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 More

Need help getting back my trust fund

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 consutlation.
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 More

Is the new deed enough proof of distribution?

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 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.

Is there a way to obtain a copy of appraisal for the home my brothers and I inherited??

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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, escrow, or mortgage lender for a copy.
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 More

terminate a trust

Answered 10 years and 4 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 an indeminity agreement for the trustee and then distribute the property and terminate the trust.
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 More

I have a living trust. I want to get a loan and they won't give me a loan because my home is in a trust. Can I take my home out of the trust? And how.

Answered 10 years and 4 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 put the house back into the revocable trust with a trust transfer deed.  Each time, you will want to submit a preliminary change of ownership report.  Make sure that you get the legal description, names and vesting correct.  Email or call an attorney if you need a hand with this, as this can be handled by email.... Read More
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 More

Is a family trust bank account protected from creditors in California.

Answered 10 years and 4 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
No, a revocable trust does not provide any asset protection or limited liability from creditors.
No, a revocable trust does not provide any asset protection or limited liability from creditors.

Is the new deed enough proof of distribution?

Answered 10 years and 4 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
Yes, a recorded deed from the trust to you and your brothers is sufficient proof of your ownership interest in the property.
Yes, a recorded deed from the trust to you and your brothers is sufficient proof of your ownership interest in the property.

im interested in homeownership but my aunt is evicting me on dec 1 2015 after my father passed away this year and she is cheating his estate and his h

Answered 10 years and 4 months ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Trusts
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
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

Does this mean that a trustee can terminate my share of the trust.

Answered 10 years and 4 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
A trustee is a fiduciary for the beneficiaries that owes duties to the beneficiaries.  As one of the beneficiaries, the trustee cannot do anything against your best interests.  The clause that you quoted is very common so as not to impair the public benefits that a beneficiary receives.  If you have more concerns, then you should hire an attorney to assert your interests.... Read More
A trustee is a fiduciary for the beneficiaries that owes duties to the beneficiaries.  As one of the beneficiaries, the trustee cannot do... Read More

Can a sibling being evicted from deceased parents home?

Answered 10 years and 4 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 ejectment. You'll need to go through the probate process to be appointed as the administrator of the estate and to pass the house to the siblings. This is not a DIY project.  You need an attorney to take care of this for you.... Read More
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 More

Trust Distribution

Answered 10 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 no more property or money to give to the remainderman (the son) then he doesn't get anything.  Read the dispositive provisions again to see if you can determine the wishes of the trustor.... Read More
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 More

can the IRS or creditors attach liens, judgement or demand payment from a successor trustee while im alive and acting as the trustee

Answered 10 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
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 a mere nominee holding bare legal title for the benefit of the equitable owner fo the trust assets, the beneficiary.  However, if he later becomes the beneficiary of the trust, then the creditors may be able to attach those assets.... Read More
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 More
Trusts and Estates
California

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