Christopher B. Johnson’s Answers

Christopher B. Johnson

Pasadena Probate Attorney.

Contributor Level 12
  1. My 2 brothers and myself are co-trustees of my Father's trust made in Torrance, CA.

    Answered over 1 year ago.

    1. Christopher B. Johnson
    2. Michael Raymond Daymude
    3. Amanda Marie Cook
    3 lawyer 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.

    12 lawyers agreed with this answer

  2. Is a probate attorney necessary to file a Petition for Probate of Will in this case?

    Answered about 1 year ago.

    1. Christopher B. Johnson
    2. Celia R Reed
    3. Joseph Franklin Pippen Jr.
    4. Charles Adam Shultz
    4 lawyer answers

    Probate is complicated enough that I'd recommend using an attorney--even attorneys not familiar with probate court can find it very confusing. You can check with the county court (in the county where her mother lived) to see if probate's been filed, or if the will (if any) has been lodged. You should also check the house title to se whether probate is necessary, and also to see if the sister has already been involved in title transfers. Attorneys often don't charge for the first consultation-...

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  3. Can I probate a COPY of Will?

    Answered about 1 year ago.

    1. John Bernard Palley
    2. Christine James
    3. Charles Adam Shultz
    4. Christopher B. Johnson
    5. Steven M Zelinger
    6. ···
    7 lawyer answers

    You can indeed probate the copy, and it's common to do so--you'll just need to overcome the presumption of revocation (because the original is missing). If there's no one objecting, it most likely will be accepted at the first hearing. I'd recommend seeing an attorney about proving up the lost will, just to be sure you can meet the requirements. Otherwise, it would go by the previous will (if any) or intestate.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If a California house is in an out of state Trust, will it still go through CA probate after the Trustor passes away?

    Answered over 1 year ago.

    1. Christopher B. Johnson
    2. Eric Jerome Gold
    3. James P. Frederick
    4. Amanda Marie Cook
    4 lawyer answers

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

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Before applying for Medi-Cal, can my mom Gift money to family members (see details below)?

    Answered 7 months ago.

    1. Christopher B. Johnson
    2. Paula Brown Sinclair
    3. Rosemary Jane Meagher-Leonard
    4. Leslie Ann Barnett
    4 lawyer answers

    It is most likely a gift. There are complicated rules to follow to be sure she's eligible for Medi-Cal, so see an attorney experienced in Medi-Cal law before making any gifts--it's well worth the money.

    8 lawyers agreed with this answer

  6. My mother is Trustee of her trust which hold a 43% interest as well as Trustee of the Exemption Trust which olds 57% interest

    Answered about 1 year ago.

    1. Bert Z. Tigerman
    2. Christopher B. Johnson
    3. Michael Raymond Daymude
    4. Charles Adam Shultz
    5. Joseph Michael Pankowski Jr
    6. ···
    6 lawyer answers

    I'll add that if her bank won't make the loan, other banks will, though costs and interest rates tend to be higher for irrevocable trusts.

    8 lawyers agreed with this answer

  7. Inheritance question in California

    Answered over 1 year ago.

    1. Christopher B. Johnson
    2. Charles Adam Shultz
    3. James P. Frederick
    3 lawyer answers

    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.

    8 lawyers agreed with this answer

  8. As trustee, how much money can I pay for myself? Is there a percentage or does it depend how much the estate is worth?

    Answered over 1 year ago.

    1. Christopher B. Johnson
    2. Michael Raymond Daymude
    3. Robin Mashal
    3 lawyer answers

    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.

    8 lawyers agreed with this answer

  9. Mom and Dad had an A/B Living Trust. Mom passed in 2010, but Dad never funded the B Trust, per terms.

    Answered over 1 year ago.

    1. Christopher B. Johnson
    2. William Martin Burbank
    3. James P. Frederick
    3 lawyer answers

    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.

    8 lawyers agreed with this answer

  10. My father passed away 7 years ago and left a will with my brother as executor. My brother hasn't filed the will with probate.

    Answered over 1 year ago.

    1. John K Styskal
    2. Eric Jerome Gold
    3. Christopher B. Johnson
    4. Samuel R Walker
    4 lawyer answers

    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.

    8 lawyers agreed with this answer

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