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Scott Peter Schomer
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Scott Schomer’s Answers

56 total


  • Can my uncle legally refuse to provide beneficiaries copy of will and sell house ? Do all wills have to be filed with court?

    My family member died in August 2015 and per her brother divided her estate 40-40-20%. My sis and I each get 40 and fam. Members brother gets 20. She had a will. The will has not been filed not shared after I requested it. What do I do ? her hous...

    Scott’s Answer

    There is something strange going on based on your factual description. Your Uncle should not have the power to sell the house without having filed the will and obtaining appointment as personal representative. You should have received notice of the probate proceedings. I would see a probate attorney as soon as possible.

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  • Does a beneficiary have to disclose assets (stock statements, etc.) to incompetent trustee during litigation?

    We have a court date in March. Father died in 2005, mother, four years ago, trustee has failed to retrieve unclaimed property held by our state and has not cashed out mature savings bonds. The accounting was inadequate (no statements, receipts, et...

    Scott’s Answer

    The statements are not your mail or property and you should not hold them. You should keep a record of what was received and your efforts to surrender them to the trustee or his or her attorney. If you have not done so, you should consider petitioning to remove or suspend the trustee.

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  • I understand that the trustee can use trust funds for his legal fees. Can he use only "my" funds for his fees?

    I am considering asking the courts to force an accounting from the trustee of my father's estate. I know I must pay my own legal fees, and that the trustee can use trust funds for his. Can he use only my portion of the inheritance to cover his f...

    Scott’s Answer

    It depends on the terms of the trust but generally the fees will impact the beneficiaries who do not have specific gifts. You may be able to have the trust pay your fees if, in the judgment of the Court, you render a benefit to the trust. See an attorney for more details.

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  • Probate Court L.A. Calif

    There is a probate court hearing n L.A. Calif. I am a beneficiary of friends will. I want to oppose an accounting the trustee of the deceased's estate is asking the probate court to approve. I am going to appear by phone in probate cou...

    Scott’s Answer

    Your objections need to be writing, verified and must comply with the California Rules of Court or you risk having them disregarded. I suggest that you find someone to help you with matter.

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  • I'm going after my brother for financial elder abuse of my mother. If he claims the money was a gift, does it hurt my case?

    My mother died in Jan 2015 at 85 yrs. She loaned my brother over $1,000,000, primarily for he business, since 1997. Initially, there were promissory notes for the loans but that stopped over time. Over last 4 years the amount is at least $400,0...

    Scott’s Answer

    These are very typical positions in this type of a dispute. Ultimately, unless you settle the case it will be up to a judge or jury to decide whether his asset transfers were gifts. You should seek counsel as soon as possible as these are challenging cases.

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  • If the court appoints a PVP Atty. and I am an interested party asking the court to appoint a court appointed conservator?

    I filed a petition in pro per contesting the conservator for abuse and abandonment of an elderly person. The court appointed PVP Lawyer. Does the PVP lawyer have to provide me with a copy of his report he files with court?

    Scott’s Answer

    The report is a public record which means you can see it. The PVP should serve you with a copy but sometimes, because they are often filed just before the hearing, service is neglected. Tell the PVP that you would like to see it as soon as it is available and before the hearing.

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  • I am purchasing a home and it has been suggested I need to establish a rev trust. Is this smart? How do I do it?

    Is legalzoom a good resource for that or would you suggest another path? Is there anything that I need to make sure to include/exclude or know about this type of document to ensure it is properly prepared?

    Scott’s Answer

    In almost all instances, having a revocable trust is the best way to go. You should consider attending one of our free seminars where we explain the legacy planning options and advantages of using a revocable living trust. Details can be found here:

    http://www.schomerlawgroup.com/services/los-angeles-california-estate-planning/

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  • California trust

    I am the trustee of the trust of a deceased friend. Everything went fine but one beneficiary may sue me for breach of fiduciary ,over nothing, suddenly delaying the final distribution of the last of the money and the closing of t...

    Scott’s Answer

    We always start with a review of the trust but generally you should have competent counsel advising you on how to function as trustee. Most likely the trust provides that you entitled to use trust funds to defend your administration and there may even be limits on your potential liability. Find counsel as soon as possible for assistance navigating through these issues.

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  • Which type of attorney is best to fight a case/petition to uphold a trust? If we are willed the contents of a trust, but

    According to the trust, decedent didn't word it right, so it's being challenged by his family The property in the trust is worth over 4 million. There may be more, but the decedent was being kept from his inheritance & was searching for an...

    Scott’s Answer

    You need an attorney experienced in trust, estate and probate litigation. Review his or her track record and how many matters he or she has actually taken to trial. An accomplished attorney will be able to point to tangible results in the courtroom.

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  • Can provisions be added to an irrevocable trust not signed by deceased but the trustee as attorney in fact. is this legal?

    The trust was made irrevocable in 2009 signed by deceased and notarize. A month before he died, not sure if he had capacity at this time. He was in a nursing home and on hospice. during this time June 12 an agreement between the deceased and trust...

    Scott’s Answer

    It sounds like the agent under the power of attorney may have exceeded her authority, but it is hard to determine without a careful review of all of the relevant documents. I would consult with trust & estates litigation counsel as soon as possible.

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