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Jennifer Nicole Sawday
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Jennifer Sawday’s Answers

92 total


  • Do I need an estate attourney?

    My mother-in-law passed away on April 25, 2015, and did not have a will. She had 5 children, and they have several properties that they were planning to sell and split the money between all 5 children. Well unfortunately my husband who was one o...

    Jennifer’s Answer

    Yes, you should seek the advice of probate counsel to see what your rights are and if your kids will take from your husband's share. Your kids could also commence probate if a proceeding has yet to be opened. I am sorry to hear about your husband's passing.

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  • CA LA county probate court a formal demand or accounting

    Can someone please tell what form name or number I would use in the CA LA county probate court a formal demand or accounting of an estate. Can you also give me a price to have you file this form.

    Jennifer’s Answer

    Everyone is correct. You have to prepare a pleading to request the administrator or executor to file the accounting. If probate has been opened for less than a year, there is usually a calendar date called an OSC date to file an accounting near the one year period. You can appear at this hearing and request an accounting. Have you filed a request for special notice so you can monitor the probate? The filing fee has increased to $465 to include the court reporter fee. You may qualify for a fee waiver though.

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  • Disadvantages of a Springing POA?

    Now that our children are grown, we're reviewing our Estate Planning. When my own parents were alive, there was a lot of drama over which of their kids held Health CarePOA, Financial POA, Executor, and Trustee titles. They gave each of us kids a...

    Jennifer’s Answer

    You should have a POA that makes you feel comfortable.

    A springing POA is effective when you are declared incapacitated by two doctors as outlined in the POA or other requirements that may be specific to your POA.

    A POA effective immediately can cause issues if you have many family members who fight, bicker or have different agendas.

    You can always name a non-family member to be your agent -- like a trust company or other fiduciary, which would avoid the family issues.

    Talk to your estate planning attorney about your concerns and do what makes you most comfortable.

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  • Can a parent transfer a home to a child's "Special Needs Trust" for child's lifetime without tax consequences to parents.

    Value would be $1.5 million.

    Jennifer’s Answer

    • Selected as best answer

    There are multiple ways a special needs trust can be set up for a child. It may be best to structure it within a parent's estate plan so that the child can receive the step up in basis and the parent can still own the home during their lifetime(s). It is easy to carve out a special needs trust provision in a trust for the parents. If the home is transferred now, there will be a Prop. 58 issue (which will exist later too) and a gift tax reporting issue as well. Talk to a local estate planning attorney about your concerns so you can evaluate your options.

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  • When 2 people want to be co-conservator 1 for person & 1 for estate do each person have to fill out separate forms or 1 form?

    I am a applying 2 be my grandma's conservator of her person, her finacial adv is going to apply for cons. of the estate(he has been with her more than any family member and she loves and trust him)so we can be co-conservators. I have the forms but...

    Jennifer’s Answer

    You should seek the advice of an attorney near where you will be petitioning the court. The Petition for Conservatorship has boxes for who should be the conservator of the person and who should be conservator of the estate so one form can be used, but if you both get attorneys they may want to petition separately.

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  • My brother is stealing my mothers money. She is 85 years old, and he signs for loans against the house, and directs money from

    her accounts. She wises for the three of us siblings, including himself, to inherit equal shares of her estate. There is no will, no living trust, etc. What can we do to preempt him while she is alive? File a lawsuit against her and him, injunctio...

    Jennifer’s Answer

    If your mother is lacking capacity or is being unduly influenced or completely unaware of the abuse, there are many things you can do. You can seek a conservatorship over your mom, file for an elder abuse action against your brother and also contact Adult Protective Services to report the abuse. An attorney can assist you with the conservatorship and elder abuse action in the Orange County court if that's where your mother lives. The action needs to be filed in the county in which she resides. A good probate litigation attorney can assist you.

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  • Los Angeles Probate Court. Did not clear matter in probate notes, missed the hearing. What steps do I take now?

    The probate notes for Petition for Final Distribution are below. Do I need to file an addendum for the petition? At the end of the notes states "RECOMMENDED DISPOSITION: RFA", and I interpreted this to adjust the reimbursement amount in the Final ...

    Jennifer’s Answer

    It appears that your matter was approved without your appearance. You should prepare an order with the adjustments based on the probate notes and submit it for filing.

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  • I hired an attorney to write a trust for me, a living trust. He wrote up four trusts because he said I needed one for me, my

    spouse, one for my son's special needs, and one for my insurance. then I received the bill for $2,500 per trust, times four, totaling $10,000?!! I asked for a living trust like "everyone else has" and I got this! Now that is not the grand finale. ...

    Jennifer’s Answer

    Like the other attorneys stated in their responses, it really depends on what your objectives were. Having multiple trusts may be necessary where you have complex issues. Though it is not standard practice for an attorney to name him or herself as the successor trustee.

    A basic disclaimer trust could contain a carve out for a special needs trust for a special needs beneficiary. A life insurance trust is also a nice idea to avoid having your life insurance proceeds considered part of your taxable estate. If you and your spouse have separate property then having two trusts would make sense. So all in all, more information is needed -- say you only own a home, have a modest estate (under $1 to 2 million) and two children one with special needs then this may be overkill, but again -- more information is needed to determine if this is the best type of plan for you.

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  • Probate I live outside of Ca. the case is in LA. Is there other methods of filing papers then in front of the clerk? email, fax?

    I tried to call the Probate court number, looked at the superior court probate section, can't find any help. Can I file the paperwork on the day of the hearing or day before?

    Jennifer’s Answer

    I'd hate to discourage you from being in pro per, but it would be easier if you had retained an attorney as we can handle the filings, clearing of probate notes and making appearances for you where necessary.

    But yes, you can mail or file with an attorney service.

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  • I was named in a will for an elderly friend who passed away but do not want beneficiary role for estate. What can be done?

    I am not a relative of the friend who passed away and discovered she had a brother in-law she was not in contact with after she passed away.

    Jennifer’s Answer

    If you are named in the will to receive a gift -- you can either disclaim or assign your interest. There are rules for disclaimer and assignments so be careful.

    If you want a certain person to receive the gift, then you are best to receive it and gift it to the intended recipient that you desire.

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