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Charles Adam Shultz

Charles Shultz’s Answers

2,562 total


  • Who is the prevailing party when court declares me the beneficiary, but no money awarded due to offset?

    The case involves my trust petition where the trustee contested that I was not a beneficiary and alternatively claimed the defense offset for debts due to the estate (from my predeceased mother whose share I took by right of representation). The ...

    Charles’s Answer

    If you don't have an attorney, I suggest you get one. What were the debts your mother owed? There maybe statute of limitations issues on asserting even claims of offset against your mother. Your Petition was as a beneficiary and you won. The Trustee raised a new issue essentially his own Petition to Determine distribution of the Trust.

    Note the only costs essentially would be the filing fees at this point unless there has been a lot of discovery. Under the facts you have presented, it does not appear to be a basis on either side for attorneys' fees.

    Good luck.

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  • Possible Power of Attorney in my name

    There is possibly a Power of Attorney granting my father, my signature. Not that it matters, the Bank branch allows him to forge the signature, on checks in anyone’s name, without an ID or POA. The bank is doing this to make him ...

    Charles’s Answer

    If you believe there is a POA out there that you granted given him authority, you should start with a Revocation of the Power of Attorney and record it in every county where you have lived or where you believe your dad will or has used it.

    Second, I agree with the other two attorneys. Contact the DA and close the account and switch banks.

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  • Does CA recognize MA law in inheritance property rights and exceptions for community property?

    Property inherited by husband but transferred directly, deeded and titled "in entirety as husband and wife." MA recognizes it as community property.

    Charles’s Answer

    Massachusetts is not a community property state. Under California law, inheritance to just one spouse is treated as separate property. The question arises why was the deed prepared the way it was? Also, tenancy by the entirety if a form of property ownership between husband and wife and is like a special form of joint tenancy. The best equivalent in California would be Community Property with rights of survivorship.

    It sounds like you need to take the Trust or Will document to a MA attorney to review.

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  • How do I get my deceased father's retirement account and securities out of California's escheated property?

    My father died 5 years ago. He was an indigent conservatee (w/dementia) of the San Mateo County as his girlfriend could no longer care for him and I was considered inappropriate to as I couldn't provide a stable residence. His belongings were sold...

    Charles’s Answer

    • Selected as best answer

    Its not entirely clear. Was your dad receiving any medi-cal? There may be reimbursement due the state. You may want to contact the Department of Health Services before claiming anything. If there was a will and multiple beneficiaries, it could get complicated. The Will should be reviewed. It sounds like, even though, small, you may need an attorney.

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  • Trust Administration - How to Transfer Assets with a Heggstad Order

    A petition for an order confirming trust ownership of a timeshare and bank account has been approved by the court and an order issued by the court. What is the next step? How do we change the name for the time share and bank account from decedent...

    Charles’s Answer

    You really should have an attorney. If your order is complete and has the legal description for the property the order is recordable. You would also need to contact the time share company. As for the bank, you would take a certified copy of the order to the bank and they should transfer the funds to the trustee.

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  • Which date of death value for stepped up basis do I use to calculate capital gains if any, my grandfather's or my father's?

    My grandfather died in 1990 and had a trust where my father was a trustee, and my father passed away in 2011 without a will or trust. The trust had one asset an apartment building which was sold last year and distributed to the grandfather's heir...

    Charles’s Answer

    Its not entirely clear based on your facts. If your grandfather's Trust terminated during your dad's life, the assets was your dad's and includable in his taxable estate. The fact that it was still in your grandfather's trust does not mean that the Trust had not terminated and your dad's interest vested. Your grandfather's trust needs to be reviewed.

    In that instance, the basis would be your dad's date of death. You should discuss the facts in detail with an accountant or an attorney. More is necessary. In addition, I would be surprised if an attorney on this forum would render a tax opinion on this forum.

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  • Does an inventory of personal property and personal effects need to be done within an annual accounting or within an initial?

    Trust is within Southern CA. Trust is revocable. Trustee is failing to provide an inventory of all personal property and effects. Accounts and real property was provided. Trustee states that the condition of both residences were in disarray. Proof...

    Charles’s Answer

    You need to balance the cost and benefit. The Trustee does not have to inventory each plate, utensil, item of clothing etc, but must make a good faith effort to list the items at least in categories. You would have to deal with this by way of objection and or petition for an account.

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  • How can I keep my granddaughter safe

    My granddaughter is almost 11 years old and I live in California she is live with me since she was nine months old in the past two days her mother has taken her away from her home I've tried to find her her mother has changed her cell phone number...

    Charles’s Answer

    You should first call child protective services. In order to have legal custody you are going to need a court order of guardianship or temporary guardianship.

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  • Father just passed away, trying to get his union information and they told me I would need to subpoena the docs. How?

    He left no will. Has a very small estate under 30,000. I am handling all of the details. On his banking information he designated beneficiaries. All expected. On his union information they would only tell me there was only one name. They wil...

    Charles’s Answer

    I agree with Ms. James but note, the obligation to disclose to you the beneficiary of the benefits only applies if you are that person. The documents are private information. What you might want to do is find out when the beneficiary designation was made. Im assuming your mother is deceased. If they say many years ago, there is a good chance it was your mom. In that instance the benefits would go to your father estate. Given the size, if with the union benefits the amount is still under 150,000 you should be able to claim them under Probate Code Section 13100.

    Im also assuming you are an only child. If you cant get the information, yes, the way to go sounds like apply for letters of administration.

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  • I am asking for a friend..her mother and father had their wills made ,father dies, one sister had it all changed she gevenly

    Her father and mother had will made so that the land where her children live would go to them...her mother told her....and her brother...I don't know about the other assessts.....the mother passed ..the father got sick and one sister got him to ch...

    Charles’s Answer

    Its not clear where you are in the process. Just because the will says she gets everything does not make it so. The Will she procured has to be go through probate. You need to find a local attorney and go over the facts with them. If there was a probate and you did not object that is an issue. There are ways to challenge the will but that needs to be done timely.

    See an attorney and good luck.

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