Charles Adam Shultz’s Answers

Charles Adam Shultz

Los Angeles Probate Attorney.

Contributor Level 19
  1. Is my brother legally entitled to all of my dad's money because he is joint owner to his accounts and my dad didn't have a will?

    Answered 12 months ago.

    1. Charles Adam Shultz
    2. Dagmar Pollex
    3. Joseph Michael Pankowski Jr
    4. Gregory Paul Benton
    5. James P. Frederick
    5 lawyer answers

    In california the holding of joint assets creates a rebuttable presumption that they pass to the coowner. You would have the burden of showing that holding title in that manner was for convenience only. As to the accounts without beneficiary designation and not held as joint tenants, no, your brother has no right to take those. They would become part of your dad's estate, and pass by intestacy. If your dad was not married at death, then one half to each of you. If your brother took all...

    16 lawyers agreed with this answer

  2. Can there be two trusts on one property?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Michael Leo Potter
    3. James P. Frederick
    4. Amanda Marie Cook
    5. Daniel Mcgraw Little
    5 lawyer answers

    If the intent was to gift dad's share of the property to son, the deed should clearly say so. Were the trusts executed on the same day? The date of the trust should be identified. In addition, the deed should indicate it was a gift transfer. In addition, you can put a notation down Note 1 on the face of the dad describing the transaction. In addition, a PCOR should be filed as well as BOE 58-AH(parent child exclusion). With all that said, you really should be using an attorney for this...

    16 lawyers agreed with this answer

  3. Living trust and real estate

    Answered 9 months ago.

    1. Charles Adam Shultz
    2. Ivette M Santaella
    3. John P Corrigan
    3 lawyer answers

    You raise too many issue to deal with them on this kind of forum. You really need to sit down with a good, competent estate planning attorney. It sounds like your property is separate property and you want to keep it that way and away from his creditors. Placing him on title could be a problem. In addition, it sounds like the new loan would be paid using his income which could give him rights in your property. In additiont to the estate planning issues, there are complicated community...

    15 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Father suddenly mentally incapacitated with property in life trust to me. How can I get title to the property?

    Answered 11 months ago.

    1. Michael Charles Doland
    2. Charles Adam Shultz
    3. Kelly Scott Davis
    3 lawyer answers

    You need to meeting with an estate planning attorney who specializes in Medi-Cal planning. Do not try to move or distribute your father's assets, even if you have power to do so, without talking to an expert. You could cause him to be disqualified from benefits.

    15 lawyers agreed with this answer

  5. If three people are on a will and left a house, can two of the three take out a reverse mortgage without the other's consent?

    Answered 11 months ago.

    1. Charles Adam Shultz
    2. Erik Robert Hartstrom
    3. Matthew Erik Johnson
    4. Gregory Paul Benton
    5. Celia R Reed
    6. ···
    7 lawyer answers

    How was title held? This is also strange because reverse mortgages require the person to own and occupy the property. More facts are necessary. What happened after Grandma's death? Was there a probate? If so, what did the order say regarding distribution? If joint tenancy, who was on the deed? Who is living in the house?

    15 lawyers agreed with this answer

  6. How do I get a DPA? Does the Dr. have to declare the person incompetent?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Craig Martin Scalise
    3. James P. Frederick
    4. Matthew Erik Johnson
    5. William Thomas Schemmel
    5 lawyer answers

    In California we have Powers of Attorney for financial and personal affairs and Advance Health Care Directives for medical decisions. These documents are executed by a principal who grants the power desired to an agent. The documents can be effective immediately or upon someone's incapacity. Regardless, the principal must have contractual capacity to execute these documents. If the person no longer has capacity, the only option is a conservatorship. If capacity is questionable you should...

    15 lawyers agreed with this answer

  7. I owned property as a single man. Ten years later I got married. This property was placed into our trust.

    Answered 12 months ago.

    1. Charles Adam Shultz
    2. Joseph Bernard Mchugh Jr
    3. Michael Leo Potter
    3 lawyer answers

    You need to see your estate planning attorney. Unless you transmuted title to community property, the property remains your separate property. If your wife dies first, your basis stays the same. If the property were transmuted to community property the value would step up to fair market value regardless of the order of death. Note, the property is separate. If you were to get divorced, you keep it. If you transmute the property, your wife is entitled to half (this is a bit of a summary,...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. WE have a estate with real property valued at approximately 1.5 Million. We have will however do we need a living trust?

    Answered 11 months ago.

    1. Francis S Leontitsis
    2. Charles Adam Shultz
    3. Paul Rudolph Miller
    4. Denise Leydon Harvey
    5. Joseph Michael Pankowski Jr
    6. ···
    10 lawyer answers

    You should meet with a reputable estate planning attorney. There are many that post on AVVO who seem to be very professional and very knowledgeable in the Trust area. You would be wise to meet with one and pay for a well thought out plan.

    16 lawyers agreed with this answer

  9. I am in the process of doing a trust. I have the attorney , the plan for my assets, grantors, etc . But in am torn on

    Answered 9 months ago.

    1. Charles Adam Shultz
    2. John Bernard Palley
    3. Kelvin P. Green
    4. Michael Raymond Daymude
    5. Douglass S Lodmell
    5 lawyer answers

    This question should be addressed to your attorney. If they are competent in the field of estate planning they should be able to give you all the necessary information to make an informed decision. That said, you are not going to get asset protection from either trust in California if you are looking to control the assets during your life.

    14 lawyers agreed with this answer

  10. Does my mother need to be named executor of estate if she's on my father's will?

    Answered 11 months ago.

    1. Charles Adam Shultz
    2. Joseph Michael Pankowski Jr
    3. Matthew Erik Johnson
    4. David Christopher Bynum
    5. Gregory Paul Benton
    5 lawyer answers

    I am sorry for your dad's condition. Fortunately, it sounds like there may still be time to prepare a trust and fund the trust. Absent that, title to the property should be community property with rights of survivorship, same for bank accounts. As to the cars, filing forms with the DMV with the Will and death certificate will be enough. Try to contact a local estate planning attorney for assistance immediately.

    14 lawyers agreed with this answer