California Trusts Legal Questions

You never are required to hire an attorney. However, a good attorney will make the probate court process much easier. Hiring an experienced probate attorney will substantially increase the chances that your petition will be approved the first time without any delays or continuances. I encourage you to seek a qualified and experienced probate attorney. When I doubt I suggest looking for certified specialists in estate planning, trust and probate law.... Read More

You need an affidavit (or declaration) for collection of personal property of deceased not exceeding $150,000 in value.  The bank probably has a form, but if not it is readily available online.  See, for example, http://www.saclaw.org/Uploads/files/step-by-step/AffidavitCollectionPropertyGuide.pdf.... Read More

Neither the dues nor the mortgage stop just because the homeowner dies.  A lien is filed against the property so that if it ever is sold, the homeowners get the amount in arrears and the bank gets back the money it lent.  The sooner a probate is started the less fees and penalties will accrue.... Read More

I do think an experienced estate planning attorney would be best. It will cost money but hopefully you can find one who won't charge too much. Here is a link to the State Bar of California Certified Specialist search.  Select estate planning, near the bottom, and put your mom's city or county.  Certified Specialists have taken a second bar exam in this area of law and should be well qualified to help you. Good luck. -John... Read More

The trustee can just hold the money (technically in breach of trust) and see what the nieces do. They might sue or they might do nothing. Hopefully they are able to get clean and then, at that time, trustee can give them all the money plus interest earned. Another option is to go to court and say there has been a change in circumstances and certaintly the person that created the trust would never have wanted to give $200k to a drug addict. It might work. In either case I would talk to an attorney so they can go over all the details of your case. I am just giving you a general answer. Good luck. -John... Read More

Trusts are an agreement with yourself. You are the trustor (maker of the trust) and the trustee (the one with power to administer the trust).  You name beneficiaries who get property in the trust when you die.  While you are alive, you need to transfer your property - bank accounts, securities, real estate, and other assets - into the trust.  Not much about your life changes when you sign and fund a living trust but when you die your wishes can be carried out by the trustee named in the living trust.  See a local attorney for more information.... Read More

Trustees are empowered to sell property held in the name of the trust.  As fiduciaries, you need to obtain fair value for the property, and you mustn't sell the property if the trust instrument says it is to be given to a specific person or is to be held for a term of years (unless the trust cannot pay its debts without selling the property).  If you two are the sole beneficiaries of the trust, and your mother has now passed away, go ahead and list the property for sale.  When it comes time to open escrow, the title company will want proof of the fact that you are currently the trustees and have power to sell the property.  Provide them with whatever thay ask to have sent to them.  The sales proceeds are trust assets until you distribute them; do distribute them in accordance with the terms of your mother's trust. ... Read More

You can do whatever you want with your money.  A continuing trust for your son, with a third party trustee, with remainder to your grandchildren should work fine.  You should meet with a qualified estate planning attorney to make sure this gets set up correctly though!  Good luck. -John... Read More

I am sorry for your loss. Pursuant to California Probate Code section 16061.7 she is to send trust notice within 60 days of death if the trust becomes irreovocable. Assuming the AB trust was a mandatory split rather than a "disclaimer" option then she should send notice. In that notice is a provision that allows you to ask for a copy of the trust. The actual trust funding, assuming it happens, would likely take several months longer to complete. Good luck. -John... Read More

If your son's father is a beneficiary under the terms of the trust (someone who will receive property from the trust upon your son's death) he would be entitled to an accounting.  He would also be entitled to an accountng if he is to become a successor trustee of the trust.  He could also be entitled to an accounting if a minor or disabled beneficiary of the trust is served by him as a guardian or conservator.  He is entitled to notice of the existence of the trust because he could be in "intestate heir," but that alone would not entitle him to an accounting.... Read More

If your trust is valid in the state in which you created it, it will likely be valid in California. Nevertheless, it's a very good idea to have the trust reviewed by local counsel.  If a provision of your trust violates California public policy, that provision would be invalid - no time limit.... Read More

I encourage you to find a qualified estate planning attorney to help you. I have seen many instances where people have done things themselves and created horribly confusing ambiguities. The interplay of the will and the trust are often misunderstood, the long term repercussions related to the changes are often not considered and other such problems. I really encourage you to take no action yourselves and find an experienced estate planning attorney. -john... Read More