Thomas Eugene Stindt’s Answers

Thomas Eugene Stindt

Los Angeles Trusts Attorney.

Contributor Level 10
  1. Quitclaim Deed correct way to change the name on a deed to a home?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    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),...

    4 people marked this answer as helpful

  2. Can the expense of a partition action of a Living Trust vary greatly? Is the bulk of cost related to court fees?

    Answered 12 months ago.

    1. Michael Leo Potter
    2. Thomas Eugene Stindt
    2 lawyer answers

    I am assuming in my answer the subject real property is in California and the trust is administered in California, since you are in Santa Barbara. If this assumption is erroneous, this response would need further elaboration. Your intended cause of action is more complex than a basic partition action, because you will be petitioners in a trust proceeding, in which you seek to have the trustee instructed to sell the property. Keep in mind that typically in a trust-owned real property, you...

  3. 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.

    Answered over 5 years ago.

    1. Frank Chih-I Chang
    2. Thomas Eugene Stindt
    2 lawyer answers

    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...

  4. New Jersey Estate Law

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    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 "...

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

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    2. Diedre Wachbrit Braverman
    2 lawyer answers

    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,...

  6. Under CA state law is a power of attorney still valid at the time of the executor's death

    Answered over 5 years ago.

    1. Thomas Glenn Martin
    2. Thomas Eugene Stindt
    3. Jeena R. Belil
    4. Thuong-Tri Nguyen
    4 lawyer answers

    Sorry, you won't be able to sign a stock transfer endorsement that easily. In California, the power of attorney for your family member expired with his demise. The stock transfer agent probably just automatically asked for that power in response to your apparent inquiry on his stock holdings. Depending upon the size of Uncle's unprobated estate, you may be able to use a Small Estate Affidavit to assure the stock tranfer agent that you are the proper transferee. However, proving that you...

  7. Who can place property into probate and make claims on it

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    Whether or not the house you refer to must be inventoried in the probate estate, will depend upon the title to the house. If it was in Granfather's name alone, and not abbreviated probate exceptional procedures are available for modest estates, it should become probate property. You need to know who was designated Executor in Grandfather's Will, and insist that such person proceed or decline to serve. If he had no Will, then there are statutory priorities in California stating who may seek...

  8. Real Estate planning

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    2 lawyer answers

    It would be helpful to know the marital property system of your state of residence, and the family facts involved. If your home is the community property of the two of you, then each of you should have the right to dispose of your respective marital property one-half share. Your donative intentions toward your wife are one thing; your largesse toward your step-children, if any, may be different. Your attorney was trying to assist you in avoiding a probate, apparently. However, there are...

  9. Real Estate planning

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    2 lawyer answers

    It would be helpful to know the marital property system of your state of residence, and the family facts involved. If your home is the community property of the two of you, then each of you should have the right to dispose of your respective marital property one-half share. Your donative intentions toward your wife are one thing; your largesse toward your step-children, if any, may be different. Your attorney was trying to assist you in avoiding a probate, apparently. However, there are...

  10. My elderly parents are deceased. They left no estate. They have outstanding credit card bills. Who is responsible for paying

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    The general rule is that you or your siblings would not "inherit" debt from your parents on their credit card accounts; that debt would be part of their estates, to be paid from probate estate assets. If none exists, then trust estate assets of grantor, revocable trusts they might have created would be responsible, and the successor trustee(s) would need to address such creditors' claims as part of trust administration. Next, if there were no trust estates, consider whether there were...

    3 people marked this answer as helpful