Christopher B. Johnson’s Answers

I think you'll need to file a petition to force an accounting, return of any missing assets and surcharge for their use of trust assets without compensation, along with suspension of their trustee powers. Trustees have a duty to avoid self-dealing and also to work with each other. Situations with a beneficiary in trust property can take a while to resolve, as people don't like to give up "free" rent, so I'd recommend acting soon.

An out-of-state trust can hold California real estate, which should avoid the need for a California probate.

Yes, with some conditions given in California Probate Code section 249.5. If your husband specified in a dated and signed writing that his genetic material could be used for such a purpose and he specified who could control the use of the genetic material. Also, the child must be conceived within two years of your husband's passing away.

Check the trust instrument. If it allows compensation, but is silent regarding the amount, you're entitled to "reasonable compensation." You can use professional trustee fee schedules as a guide, but it's generally about 1% of the trust asset value each year.

The trust should have been funded and administered, though it may not matter unless it adversely effects the beneficiaries or causes an extra tax burden. You're entitled to information regarding the trusts under Probate Code section 16061, so that may be the best place to start, and I'd discuss this with an experienced probate lawyer to know your prions and the appropriate deadlines for doing something if you need to.

I agree with the previous answers, and would add that under probate Code section 8200, if there are any damages due to the late filing if the will, the person possessing the will is liable.

Assuming your mother isn't married, you'd inherit the house, with or without a will--this also assumes she's the only one on title to the house. It will have to go through probate, which takes 6-12 months and about 3% of the house's value in attorney fees and costs. A living trust would likely save her money, as the trust cost and trust administration after her death is probably less money than the probate, so it's worth mentioning, though I understand some people would prefer not to spend...

It's possible this would qualify as financial elder abuse, depending on your grandmother's state of mind at the time of the home transfer. Medi-Cal planning often involves transferring the home, but your father may not have had the authority to override your grandmother's previous estate planning. Have an attorney review the relevant documents and facts to see what your rights are.

It depends on the terms of the trust and also whether the gift has vested. Typically a beneficiary takes property subject to liens, so if you're entitled to the gift now per the trust terms, and the trust doesn't provide otherwise, you're likely responsible for the payments. It's worth having an attorney review the trust to be sure.

I agree with the previous answer, as it can depend on the corporation's structure and bylaws, though at the very least you can prepare and sign an assignment of your shares to your trust.