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Scott Peter Schomer
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Scott Schomer’s Answers

46 total


  • What is the legal term or description of the motion that asks a court to make a conservator sign a document?

    If the court cannot obtain the information without the person's signature, can it make the person sign the form from the agency having the info to release the information to the court. Is this an injunction?

    Scott’s Answer

    An attorney has the power of subpoena which can be used to compel the production of documents, if you have good cause. You can also petition for instructions asking the court to order the conservator to take a particular action, although this is a more involved process. If the conservator is not acting in the best interests of the conservatee, you can also petition to have the conservator removed. See an attorney for more details.

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  • How can I obtain a copy of my trust?

    My attorney has e retired. Can I go to city hall and pick up a copy same day?

    Scott’s Answer

    You can try, but trusts are usually not recorded in the Official Records. You should have the original of the trust and if you do not, that is a problem. The trust cannot be honored if no one can find a copy of it. It may be time to sit down and revisit your estate plan. I suggest working with someone who addresses this issue and if he or she is retired, will make arrangements to have another attorney maintain a copy of your plan.

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  • In California, can a simple will be overridden by a spouse, if she unwilling to honor it.

    The simple will makes deceased sister executor of property not belonging to the spouse.

    Scott’s Answer

    Surviving spouses have certain protections under California law. See, e.g., Probate Code sec. 6500, et seq. It depends on the nature of the property and the terms of the will. The will may also be subject to attack depending on the method of execution and compliance with the requisite formalities. More facts are necessary and you should consult with an attorney about your concerns.

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  • Trusts, gifts, and real estate down payments

    My mother is the trustee for two trusts: my father's trust (he passed away), and a survivor trust. She has been able to pull money from either quite readily, but to help with my real estate down payment, she wants to pull out a large lump sum from...

    Scott’s Answer

    The potential legal implications of such a transaction could include breach of fiduciary duty, removal as trustee, surcharge and extraordinary damages. Your mother needs to review the matter independent counsel to ascertain whether she has the ability to accomplish her goals.

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  • I live in California and my father passed away without a will, does his live in girlfriend of ten years have rights to anything?

    He was a business, home, and property owner and he was dealing with IRS, does this all transfer to his children or is his girlfriend entitled to anything?

    Scott’s Answer

    Probably not. It would depend on how your father structured his assets. A probate attorney can review the situation and advise you how to proceed.

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  • I have been served with a petition for removal as trustee. How long do I have to respond to this thing?

    I am the trustee of my late mother's trust. My brother has recently removed me claiming breach of trust and he has sought to remove me as trustee. There is a hearing date provided but I do not know if and how I should respond before the hearing ...

    Scott’s Answer

    You are safer answering within 30 days of service. That being said, I have seen instances in Los Angeles County where you can appear on the date of the scheduled hearing (which is usually more than 30 days) and request additional time to respond. But this is something you should take seriously and find counsel to assist you as soon as possible.

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  • I have beneficiaries designated on my investment accounts. I just recently established a trust.

    Do I need to now add the trust as one of the beneficiaries or do I just leave my beneficiary designation alone?

    Scott’s Answer

    Decisions on trust funding are critical decisions. An unfunded trust is like an ink pen with no ink; they look pretty but are pretty much worthless. You should review these decisions with your estate planning attorney on an asset-by-asset basis to insure that the trust actually accomplishes your goals. Mistakes in this area can result in significant expense and headache.

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  • Conservatorship - Notice of Hearing for Petition for Allowance of Fees

    A contested conservatorship has been settled and conservator appointed. A Petition for Allowance of Fees and Costs has been filed by the family. When sending out the Notice of Hearing, is it suggested to include a copy of the Petition for Allowa...

    Scott’s Answer

    Yes. The notice of hearing form has a box indicating whether or not you sent the underlying petition. If the underlying petition is not served, then the interested parties have no way of evaluating the request and have a basis to object to the petition.

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  • If i filed my status conference statement and defendants replied to via letter to the judge

    How should I format my response, through an amended status conference statement or as a direct letter to the judge CC'd to all parties? I wish to make some rebuttal remarks to the defendant's response.

    Scott’s Answer

    In my experience, letters are often disregarded or not being particularly relevant. Focus on the issues raised in the case management conference statement; that is what the court is looking to review at the CMC.

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  • The trust has a appointment of power section no ones named, but in the will it says the executors powers, which i listed below

    in will titled Executors Powers states My executor shall be vested with and have all the rights powers and privileges which and absolute owner of the same property would have including but nit limited to distribute in cash or in kind the power of ...

    Scott’s Answer

    These documents are sophisticated and cannot be meaningfully interpreted without a review of the whole thing. Get the guidance of an estate planning attorney; it is a good investment.

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