Trusts Legal Questions

There are a couple of things that you can do.  You can file a probate petition to be appointed as special administrator for your father's estate so that you can deal directly with the mortgage lender.  Second, you can file for a temporary restraining order and preliminary injunction to postpone the sale until the court determines that the mortgage lender complied with California law regarding the foreclosure.  Bottom line: you need an attorney.... Read More

Your issues are unrelated.  The trust has nothing to do with citizenship or birth certificates.  If you have the trust documents, a lawyer can tell you what to do.  As far as a birth certificate, the process to get it depends on where you were born.  While money can help a citizenship application, that is not needed if you were born in the USA.... Read More

Estate debts are paid in a priority.  First, pay all of the expenses of the funeral, pay yourself back and fees you incurred for probate, or anything else, pay the attorney (if you had one) and then I would wait.  It will take some time before the final bills of last illness come in.   Usually the credit card companies will accept some pay down (as low as 1/3 of the actual debt).  Wait until you get further along in admininstering the estate to see what debts are outstanding and what assets are avaliable.     ... Read More

If the trust has become irrevocable, you are entitled to a copy of it. If everything is left to your father's wife, then you have no right to belongings, but you could certainly let the trustee know that you want to buy them. You should look at the trust, however. The trusts I draft, and those of many other attorneys, come with a section where a person can write down a list of who should get belongings and sign and date that list. In that case, the list would control.... Read More

I wouldn't think Mom's trust could be amended, if Mom is deceased (which I assume from the question). If the distribution is relatively small, it could be distributed early in the month and IMMEDIATELY spent down in the month of receipt, for large-ticket items such as a car, purchasing a funeral plan, television, new appliances, computer, etc. The beneficiary would have to report the receipt and spend-down. He would have to pay back one month SSI benefits. If the amount is in that range, please seek further guidance for the exact right way to do this. View Stephen Dale's video: https://www.youtube.com/watch?v=ZMr_RSJPDPU   If the amount is larger than around $50,000, it would be urgent to create a first-party d(4)(a) trust for his portion to be distributed to. If no one in your local area specializes in special needs trusts, someone could work with you remotely. My firm, and probably others, are able to do that. Administration of the trust will be critical as well, to avoid jeopardizing SSI or Section 8 in the future.... Read More

If your mother's sister-in-law had a Will that was admitted to probate, then the best way to find out what it says is to contact the probate court for the county where she had her main residence at the time of her death, and ask if there is a file for her estate. You will likely need to give the court the full name and date of death for the sister-in-law. If there is a file, you can request a copy of it. The court may be able to tell you how to request a copy by mail, or you may be able to go in person and request it. There will be a fee, but it's not a whole lot of money. I would suspect that if your mother were a beneficiary under a Will of a person who passed away in 2011, she might have heard something by now. However, it certainly doesn't hurt to try to take a look and see if there is a Will. Best wishes and happy holidays to you and your family.... Read More

No - an irrevocable trust cannot be changed.  That's the very definition of "irrevocable".  This is why I caution people about getting these types of trusts.  It may be possible to sell the existing house, and buy something smaller, and therefore free up some funds for care.  ... Read More

I do not understand why nothing has happened for 10 years.  When someone dies, a living trust becomes permanent, and is like a will except probate is not required for assets in the trust.  The trust document will govern who has the power to do what.  However, it is best to distribute the assets than leave them in trust.... Read More

Because you are still married, everything you earn is presumed to be community property and subject to a just and right division. You should try to get a divorce as soon as possible. There is no effective way to "protect" the community estate at this point. You should get an attorney as soon as you can to sort out everything and help you make decisions as you move forward. What county are you in?... Read More

This is actually a complicated legal issue, which will be governed in large part by the terms of the trust.  When you say "New York Trust", I am not sure what you mean.  Do you mean it was part of the New York will or just made by a New York resident way back when?  Also, whether it is a testamentary trust determines if it is Surrogate's Court in NY or Supreme Court.  There is a chance Hawaii could have jurisdiction.  To answer this question I would need to see the trust.... Read More

There might be some outstanding lien against the property that needs to be resolved.  If not, you should demand to have the monies the lawyer is holding released.  Call and find out the reason the reason the monies are being held, and if you can't get a good answer, demand to have it released.  If you don't get the money, then send a certified mail putting your request in writing.  ... Read More

This question is too complicated to answer with the information you provided.  I assume your brother divorced his wife.  The divorce agreement called for your husband to take over the house and to pay his ex-wife some money.  She was to sign over her portion of the house.  Somewhere after the divorce, things fell apart and this never happened.  If this sounds familiar, then the outcome of who owns the home is completely dependent on exactly how the divorce agreement is worded.... Read More

If your father's living trust provided for you or if he had an estate plan prior to this one that provided for you or, if he did not have a prior will or trust, you would be interested as n heir.  In either case, you would have a right to contest the validity of the change to the living trust, if you believe and have evidence that your father was not capable of understanding what he was signing or if he was unduly influenced.  Based on the very small amount of facts you have conveyed, it sounds like both probably existed or occurred. I am happy to discuss this with you further, if you are interested. My number is: (214) 965-9999. Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More