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...
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.See question
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?
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.See question
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?
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:
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...
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.See question
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...
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.See question
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...
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.See question
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?
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.See question
The simple will makes deceased sister executor of property not belonging to the spouse.
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.See question
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...
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.See question