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Thomas Glenn Martin

Thomas Martin’s Answers

82 total


  • CA estate planning laws, setting up a revocable trust

    I have been living with my mother for over 4 years, to help her physically and finacially. She says the house will go to me (not my sister) when she dies. She hasa revocable trust, with the county. I was wondering if it would be better to have my...

    Thomas’s Answer

    In general, putting your name on the deed with your mom is a bad idea, for both of you. Please read my article on the subject - I've included a hyperlink below. A better option is for you to receive the house through inheritance by way of a revocable living trust, as it appears the house is now held.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • What are my legal responsibilities and liabilities for my 2 elderly parents that haev dementia under CA laws

    I have 2 elderly parents, 87 and 89, one with dementia. They live alone and have refused any safety precautions I have tried to put in place. As an only child I want to keep them safe. What are my legal reponsbilities and liabilities. What if ...

    Thomas’s Answer

    You would not be liable for the actions of your parents. However, to the extent they cause damages to themselves or others, any monies necessary to compensate for such liability would be owed by them and ultimately their estate. So, indirectly, if you would likely receive an inheritance from your parents, it may be diminished by any liability they incur. Bottom line, it pays to ensure your parents are taken care of while you're out of the country.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • CA probate law, can executor withhold money from beneficiaries

    My sister is to inherit 10,000 dollars on her 18th birthday from her grandfather who passed away. Her uncle is withholding the money. How long can he legally withhold the money under California law?

    Thomas’s Answer

    First, your sister should obtain a copy of the will or trust. Second, if the document states, as you believe, that your sister is to inherit $10,000 on her 18th birthday and her 18th birthday has passed, your sister should send your uncle a certified letter demanding he release the $10,000 to her since she is now 18 and the will or trust states she is to receive the money when she turns 18. If your uncle refuses after having a reasonable time to turn over the money (e.g. 30 days), then your sister could file a petition in probate court to force him to hand it over. For this last step your sister should consult with a qualified probate attorney.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • In event of my mother's death how do I ensure her house stays with me

    In january my Mother could no longer make her house payment. So I sold my house and took over her payments. I pay all bills related to the household, even though they are still in her name. She has a extremely low interest rate therefore I don't...

    Thomas’s Answer

    Well, it depends on whether your mother want to leave the house to you. Assuming she does, a living trust would avoid probate, which is more costly and time consuming than trust administration.

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  • CA probate laws, intestate succession

    My father in law passed away about 3 years ago. He passed away in Ca. with no will or living trust. The only asset is his home that my husband has been living in, and making the mortgage payments on. He is not, on the mortgage though, but continu...

    Thomas’s Answer

    To transfer title, the house must be probated. You need to contact a qualified probate attorney to accomplish this. Feel free to call me with any questions.

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  • Estate planning, wills and trusts

    IMy parents have a will and living trust in which I am included in the eventual dispersal of their assets. I would like to remove myself from any inheritance, is there a way I can do this, either superceding or bypassing their trusts and will?

    Thomas’s Answer

    When the time comes, you can simply disclaim the inheritance and it will pass to the next beneficiary as if you had predeceased your parents.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • Legal right to write checks for my elderly parent

    my elderly parent has a checking and a saving account which i am on both. will there be a problem if i was to write checks on his acoounts. he has a some case of dementia

    Thomas’s Answer

    Generally, if the account is a joint account and you are on the joint account with your elderly parent, you would have the right to write checks from the account.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • Trust estate planning

    my father has resigned as trustee on his estate. His two trustees signed to act as one and yet one of them now has changed their mind. How can this be changed now.

    Thomas’s Answer

    It really depends on what the trusts says. Generally, if a trustee chooses not to act, the next successor trustee is called upon to serve. However, in your case, it is unclear whether the successor would replace the trustee who has decided not to act or if the trustee, who has decided to carry out his responsibilities, would carry on as the sole trustee. I take it from your remarks the latter is unlikely. In any case, you should consult with a qualified attorney at your earliest possibility.

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  • Trust Question

    My dad and his two sisters are all listed as trust beneficiaries of my late grandma's trust. My aunt was named the successor trustee. Most of everything in the trust has been settled except one piece of family property that is on the market now. M...

    Thomas’s Answer

    It depends on what the trust says. Please consult with a qualified attorney as soon as possible. For a quicker answer, take a copy of the trust with you to the consultation with the attorney.

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  • California trust law, when can an executor be removed from the estate

    what are some reasons to have an exectutor removed from the estate

    Thomas’s Answer

    Please describe what's going on and we can advise you if there is a basis for removal of the trustee or executor.

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