Charles Adam Shultz’s Answers

Charles Adam Shultz

Los Angeles Probate Attorney.

Contributor Level 19
  1. My father told me he went to a paralegal and changed his revocable living trust and had it notarized. Is that legal?

    Answered 10 months ago.

    1. Charles Adam Shultz
    2. Donna R Blaustein
    3. Gian Nicole Ducic-Montoya
    3 lawyer answers

    Please note, if this is your dad's revocable trust, you are not a beneficiary until he dies. You have no right to see the trust and no right to know what changes he made. Same goes with his will. If you believe he does not have a capacity or is being influenced by someone unduly, you should consult with an elder law attorney or one familiar with conservatorships. Your father can amend the trust on his own, online, or through any other means he wants as long as he is acting on his own free...

    11 lawyers agreed with this answer

  2. How do I ensure my share of my parents trust is secure. My sister is not trustworthy.

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Amanda Marie Cook
    3. Donna R Blaustein
    4. Matthew William Deen
    4 lawyer answers

    Are you both now acting as trustee? Was there a declaration of incapacity as required under the trust? Does the trust indicate what State laws apply to the trust? Does it specify Nevada law is to be applied? Does your dad live in Nevada, California or elsewhere? Where does your sister live? You should gather as much information as you can about the trust assets. Before doing anything, you should meet with a trust attorney and discuss how to notify banks and institutions about the trust...

    11 lawyers agreed with this answer

  3. I know my mother had a will don't remember law firm how can I find that firm?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Anthony Paul Scali
    3. Joseph Michael Pankowski Jr
    4. Helen Partlow
    5. Michael S. Haber
    6. ···
    7 lawyer answers

    Unfortunately its going to be like a needle in the haystack. You can start by looking through all your mother's papers and records including cancelled checks to see if there is any indication of the lawyer or law firm that represented your mother.

    11 lawyers agreed with this answer

  4. Should I hire a lawyer? Adult protective services came to our home today to ask my 78 year old grandmother some "questions."

    Answered about 1 year ago.

    1. Valerie Ann Shivers
    2. Charles Adam Shultz
    3. Jayson Lutzky
    4. Brian A. Raphan
    5. Marco Caviglia
    5 lawyer answers

    Based on your facts and your response, absolutely you need to get an attorney very familiar with elder law to counsel you. Shutting out the social worker is not a good idea. It makes it look like your hiding something and could result in a bad report and further investigation and action.

    11 lawyers agreed with this answer

  5. Will a durable power of attorney give the agent access to a 406b

    Answered about 1 year ago.

    1. Dagmar Pollex
    2. Charles Adam Shultz
    3. Joseph Michael Pankowski Jr
    4. Adam Kielich
    4 lawyer answers

    I assume you mean a 403(b) plan? When you say access, what do you mean. To have power over the pension plan, the power of attorney would need to specifically authorize the actions you are looking to do. If your husband still has capacity and is concerned about making sure you have sufficient authorization, you should contact the administrator now and ask if your power of attorney is sufficient.

    11 lawyers agreed with this answer

  6. MY sister and I are beneficiaries of my recently deceased mother's Trust. What needs to be done now. Is legal counsel necessary?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Stephen Scott Pearcy
    3. William Richardson Christian
    3 lawyer answers

    Who is the trustee? If you are, and the trust does not authorize your occupancy, you are self dealing and your sister could really put you to task if she wanted to. The terms of the trust control. You should consult a trust attorney. I suggest you try to work this out to your sister's satisfaction before it becomes an issue. AGAIN, the trust controls and you have not right to dictate your use if the trust says 50-50.

    11 lawyers agreed with this answer

  7. Where to file probate if person died in state other than residence

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Joseph Michael Pankowski Jr
    3. Keeley Canning Luhnow
    4. Donald Joseph Quinn II
    4 lawyer answers

    It sounds like Probate would be in New York unless he had property in California. If the Will was executed under the formalities of the state where executed it will be valid in any state. Testamentary Letters (Letters Testamentary) are issued by the probate court to the personal representative (Executor - person named in the Will). They are issued by the probate court. Contact a New York probate attorney in the county where your uncle was domiciled and let them know the mix of assets....

    11 lawyers agreed with this answer

  8. What can we do to stop my cousins from taking everthing from my aunt for themselves ?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Jessica Anne Newill
    3. Jacob Scott Pelley
    4. Robert William Haley
    5. Kathleen Elizabeth Curler
    5 lawyer answers

    You need to contact an Elder Law attorney immediately. From the sound of it they are abusing her financially and otherwise. It sound like a conservator/guardian is necessary. Dont wait, act immediately. There are many Elder Law attorneys from Texas that post on these boards that sound like they would be able to help you.

    Selected as best answer

  9. Are online wills and living wills accepted and are they legal ?

    Answered about 1 year ago.

    1. Joseph Franklin Pippen Jr.
    2. Charles Adam Shultz
    3. Joseph Michael Pankowski Jr
    4. Ethan M. Rush
    5. Kelly Scott Davis
    5 lawyer answers

    my colleagues are both correct. While the documents will most likely be okay, they may not address you needs properly or completely. In addition, wills must be executed with proper formalities. You really would be wise to have an estate planning attorney assist you. They can ask questions that you may not even realize are issues or thing you should consider.

    12 lawyers agreed with this answer

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  10. How do you get POA on someone in the late stages of Alzheimer's?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Alan James Brinkmeier
    3. Kelly Scott Davis
    4. Michael S. Haber
    4 lawyer answers

    It sounds like your sister lacks capacity so she cannot execute a power of attorney. If you need legal authority over her you will need to file for conservatorship/guardianship.

    12 lawyers agreed with this answer