California Trusts Legal Questions

I would encourage you to find an experienced estate planning attorney and do a restatement of trust. I would also have them review and likely re-do the other documents like the pour over will, durable power of attorney and health care directive. If done right that will fix any problems that exist in your current documents. Good luck. -John... Read More

The threat to resign as a beneficiary doesn't really make any sense because that would leave your sibling without any right to the assets of the trust.  If your sibling thinks that you have done something improper he/she could petition the court to have you removed as trustee, but based on what you have described that probably wouldn't be successful at this point.  You should just work to wrap up the trust as quickly as you reasonably can do so, but as long as you are working diligently to do that I wouldn't worry too much.... Read More

Whether or not you have an interest in the home depends on a lot of factors, especially how your mother and father held title when your mother passed away.  If your parents held the property as joint tenants, then your father would have received the property as a matter of law.  If your parents held the property as tenants in common, then your mother's half interest in the property may partially go to you.  If the property was in a trust for your benefit, then you may have an ownership right in the property.  Was there a probate of your mother's estate?... Read More

Your conservator is a fiduciary who owes the highest duty to act in your best interests.  You may have a court review your conservator's decisions and replace your conservator if he breaches his fiduciary duty to you. Whether or not you have an interest in the home depends on a lot of factors, especially how your mother and father held title when your mother passed away.  If your parents held the property as joint tenants, then your father would have received the property as a matter of law.  If your parents held the property as tenants in common, then your mother's half interest in the property may partially go to you.  If the property was in a trust for your benefit, then you may have an ownership right in the property.  Was there a probate of your mother's estate? Whether you have a right to stay at the property depends on whether you are a gues, a tenant or an owner of the property.... Read More

An attorney should look at your entire assets in order to best determine whether you should create a trust. I would want to know whether you live at the avocado farm and what other property you own. If you reside at the avocado farm, an LLC may not be the best vehicle to own the property. If you do not resign at the avocado farm, an LLC probably would work to limit your liability. The best course of action is to consult with an attorney for a full consultation.... Read More

I'm unclear about the state of the title. You stated that your mother signed of the property over to you. What ownership interest did your mother have in the property? Did your mother own 100% of the property or did she own half of the property in her own name? What interest does the trust have in the property? Who is resigning in the property? Is there a rental agreement? The responsibility of fixing the well depends upon the ownership of the property and any requirements in the rental agreement, if any.... Read More

If you are the beneficiary of the trust the trustee has a legal duty to provide you with a copy of the trust. The trustee is obligated to follow the terms of the trust and if you are supposed to receive it the home should be transferred to you. Let me know if you would like to discuss. Thanks, Jon... Read More

I am sorry for your loss. Unfortunately I would say most likely you do not have a claim to the house. I say this because it is very likely the house was held in joint tenancy between your dad and his wife. The house was his to give away to his wife. He likely did this through joint tenancy or maybe she went to court and got a spousal property order or other order!? In any event, assuming the house became hers it was then hers to give away when she died. I thus suspect you are out of luck here. Best of luck. -John... Read More

If there is a provision in the trust allowing you to make amendments, then you would simply make an amendment to the trust.  You'll need to sign the amendment in front of a notary public just like you did the trust itself.  It's a fairly simple process that, if you have an attorney handle it, should not cost very much money.  Since your trust is from 1996, it's probably a good idea to have an attorney review it anyway.  Hope that helps and feel free to contact me if you would like me to take care of this for you.   Cheryl Sommers Law Office of Cheryl L. Sommers 44862 Osgood Road Fremont, CA  94539 (510) 659-9800 csommerslaw@yahoo.com... Read More

If your boys are over 18 years of age, you will not receive any notices or other information.  If you are the boys' legal guardian (they are still minors) you should have gotten notices on their behalf that they are named as beneficiaries of the trust.  A revocable trust would not necessarily become part of a probate proceeding; if the trust was set up in the father's will, then there would have to be a probate proceeding and notices of that proceeding would need to be served on you (as guardian for the boys).  Trustees are required to account to the beneficiaries at least annually.... Read More