Thomas Eugene Stindt's Answers

I was named both the trustee and the beneficary in an irrevocable trust, I lost the last page which had both signatures

You have some work to do, and this is not something you are going to be able to resolve without help. First, you should file a petition in the Superior Court in Los Angeles County, probate department, to confirm the existence of the irrevocable trust, your status as trustee, and confirm the trust estate includible in trust administration. Your verified (under oath) summary of facts will be in that petition, along with the notary's receipt, probably a sworn declaration from that notary, and...

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Mortgage house in trust. should I take out of trust

The answer is more complex than one might think at first reading. At first glance, one might respond that the beneficiaries don't "inherit the debts" of the Trustor of a revocable trust upon death of the Trustor, and that is technically true. However, the real property is the collateral for the secured loan, so it will pass to the beneficiaries who are to receive it subject to that security interest. If the debt exceeds the value, than the beneficiaries have received nothing of value at the...

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In July of 1991 my mother signed a Will and Revocable Trust. Mother passed away in December............we have found the Will

The Will which you have found, is probably a pour-over Will, which should republish the original trust, if missing. You will need to make out the terms of the trust, with a copy or a draft, likely your mother received a discussion draft from her attorney during the estate planning process. Once the Will is admitted to probate, your attorney can ask the probate court to publish the trust as a testamentary trust, provided you can flush out the terms with drafts, notes, or a copy of the unsigned...

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Recently, at the request of a friend, I became sole trustee of his trust. Am I at risk?

As a general rule, you don't incur personal liability as a trustee simply for occupying the office of trustee, although the trust estate of your friend's revocable trust would be responsible for his debts and liabilities. That doesn't mean that you would be insulated from involvement, however, if a lawsuit were filed against your friend and his property were sought to be made responsive as a recovery source. You would be joined in that action at some point, or subsequently in a judgement...

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My father died 7 years ago in TX, I live in CA, my siblings divided assets among themselves,will not probated,any recourse 4 me?

Your father's Will addresses probate property that would be distributable through his estate, which may or may not include the assets divided by your siblings among themselves. You need to review whether those non-probate assets, such as joint tenancy bank accounts, survivorship property, other pay-on-death type assets, or insurance policy proceeds. You should review what you know about titles to those various assets with the Will before you, as to how the Will distributes probate property....

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How much should a typical "850" petition cost?

It may be that something unexpected came up during the proceedings. Possibly there were objections, or a probate examiner raised calendar notes that had to be addressed by a supplement. It would be impossible to tell without knowing all the facts. Generally speaking, when there is a Heggstad order needed via a Section 850 petition, to complete a trust funding defect, we would do this as a straight-forward task that involved one petition, notice of hearing, one appearance, and preparation...

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Quitclaim Deed correct way to change the name on a deed to a home?

Part of the work in implementing a trust--and which people sometimes do not complete--is the funding or transfer of assets into the new trust. To make the trust properly address the residence, i.e., to govern its ownership and disposition, yes, you do need to transfer the home into the trust. This is a transfer by which John and Mary, husband and wife, or however title is vested, transfer and assign the property to John and Mary, as Trustees, and any Successor Trustee, of the (Name of Trust),...

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I am the agent of my mother's springing POA. She is better and wants to revoke it. Her doc's aren't sure she is fit.

Your mother is presumed competent to manage her affairs, absent a decree establishing her lack of capacity or an order conserving her. Since there are no such orders existing in your summary of facts, she should be able to revoke the springing power she had signed earlier. However, because she lives in a skilled nursing facility, actions involving health care powers or business powers of attorney should be validated by the ombudsman who visits the residents of that facility. She should have...

New Jersey Estate Law

As a general rule, when there are two co-executors appointed, actions taken on behalf of the estate need to be taken by them jointly. The Letters issued to the two co-executors typically recite that they are the personal representatives acting together, and not either one of them acting alone. So when a bank account is opened, the account should be opened in the name of the duly authorized personal representatives, the two co-executors to whom Letters of Administration were issued. As to "...

Can an executor be paid to handle an estate if not stated in will?

You are in Long Beach, so I am assuming your aunt's probate will be in Los Angeles County, thus California probate law applies. Whoever is appointed by the Court as Executor, or as Administrator-with-Will annexed, will be entitled to statutory compensation. This is fixed by law for ordinary services, and is taken only with a court order from the probate court, and after the work is done. The estate representative will have to petition for approval of such fees. If additional work is done,...