California Trusts Legal Questions

I'm so sorry for your loss. As you seem to know, there's no such thing as common law marriage in California. But you might still have some rights. You probably want to move out without making the daughter serve eviction, because that would be on your credit report. So you should start looking for a place. But don't worry about the mortgage. If your name is not on the deed or on the mortgage, no one can make you pay for it. And you certainly have a right to your things, which I'm sure include much more than your clothes. I imagine they would include most of the kitchen items, at the least. If there was china or other heirlooms or collectibles or furniture from his former marriage, those would not be yours. I can understand why you're scared, but it's always a mistake to act out of fear. Don't give up your rights or your property just because the daughter may be unpleasant.   It might well be worth meeting with an attorney in your local area for a consultation. If your boyfriend had assets which he gained or which increased while you were together, you might possibly have some claim against them.... Read More

While you can sell your 25%, it isn't worth much.  You would be better off initiating a partition action in court to get an order to sell the property and for the proceeds to be divided between the owners.  That will force your sister to either buy out your share or to sell the property and give you 25% of the proceeds.... Read More

Any co-owner of property has the right to file a partition action to ask the court for an order to sell the property and divide the proceeds between the co-owners.  One co-owner, can force all of the others to sell.  In a partition action, some of the co-owners can buy out the other co-owners.  Best thing to do in this situation is for the 5 siblings to buy out the sixth sibling.... Read More

If a probate petition is required for this estate, then there is a priority of debts to be paid.  Take a look at Probate Code § 11420 for the priority of debts.  If a creditor does not make a creditor claim within four months of the administrators issuance of letters of administration, then those creditor claims can be denied.  An insolvent estate cannot file for bankruptcy protection.  But the probate court sells assets and prioritizes creditor claims like a bankruptcy court would.  This is a slow process and will take months to years to complete.... Read More

That is not something I would recommend as a do-it-yourself project. The best way to incorporate the corporation into your estate plan depends on many things: what type of corporation it is, what the corporation does (is it a professional service corporation?), whether there are other owners, and whether you hope for the corporation to continue after your death. ... Read More

As the trustee, you are responsible for gathering and safeguarding the assets of the trust.  If someone is taking them from the house, then you could move them to a storage facility.  As for the things that were already taken, you can sue for their return or the value of the assets.... Read More

If your brother literally broke into the home (that is, he didn't have keys), you have a legal matter. Even if he had keys, if he had no legal right to remove things, you can still pursue him legally. Do you have any verification of what the contents of the home were? You need to quickly and vigorously pursue this with an attorney, probably one in the Fresno area. Obviously, there will be a cost to that. Since you are trustee, you are required to obtain and preserve the assets, so the cost of the attorney should be a reasonable cost of administration, which the trust should pay.... Read More

You would request a transfer under California Probate Code sections 2001 through 2003.  The court would hold a hearing in which it must find:    (1) The conservatee is physically present in or is reasonably expected to move permanently to the other state; (2) An objection to the transfer has not been made or, if an objection has been made, the court determines that the transfer would not be contrary to the interests of the conservatee; and (3) Plans for care and services for the conservatee in the other state are reasonable and sufficient.... Read More