The reason for the overpayment was because they did not reconcile their accounts before sending the checks out. We think he should recoup his money by filing a claim on his Professional Liability insurance under the errors and omissions clause.
So let me see if I got this right. You want the attorney who made a mistake to have to pay for the mistake himself either out of pocket or through his insurance (if he has any) so that you do not have to return the money you did not have coming and you do not deserve. It sound like you want to punish the attorney for his error so that you can remain unjustly enriched. Is there something beyond the attorney's error that might justify your position?See question
My mom and stepdad have a joint living trust. My brother and I are beneficiares. My mom has passed away and my stepfather claims everything was left to him and we can not see the trust. He has since remarried and says he will leave our house to hi...
California law, Probate Code section 16061.7 requires that the trustee of a living trust that has become irrevocable, in whole or in part, must provide notice to the heirs and beneficiaries that the trust exists and that they have a right to receive a copy of it. I would inform your step-father of this. Does he have legal counsel assisting in the trust administration? Since you have not received the notice mentioned, I would assume not. If your step-father fails to immediately cooperate, I I would retain competent trust administration/litigation counsel and have him or her write your step-father a letter demanding a copy of the trust under the code section referenced. After you've had a chance to review the trust, you can decide what further action to take.See question
Was the tenants in common dissolved? Thank you.
Tenancy in common is the default property designation in the state of California. The transfer of dad's 50% to his living trust would not alter this designation UNLESS the new deed on it's face created a different designation. Not having been given the specific titling of the property under the new deed I cannot say for certain what the current designation is, but I think you get the basics to determine the answer to your question. Hope this helps.See question
I was wondering if I open a revocable trust will i be able to continue receiving social security disability, medicare and medical? and will the properties and assets in a irrivocable trust be able to be accessed or sold by myself if and when i dec...
Your ability to continue receiving governmental assistance can definitely be impaired if the inheritance you receive if it is in excess of specific amounts. This is a highly technical area that requires expertise beyond the scope of most estate planning attorneys. I strongly recommend you seek immediate legal counsel from a "special needs" estate planning specialist/attorney. One wrong move and your benefits may be suspended or even terminated. Do not wait...seek competent legal counsel now!See question
•This is what stated on line: In California, probate can be avoided with a living trust if all of the non-trust assets remaining at the time of death total less than $100,000 in value. If the non-trust assets are valued at more than $100,000, both...
The material you've referenced is found in Probate Code Section 13000 et. seq. This section was just amended to raise the dollar amount to $150,000. It's a little more complicated than stated above so you'll want to review the statute in total and/or seek legal counsel. I hope this helps.See question
mismanaged assets, missing gold, silver, new cars, tractors, expensive china, gold rings, tools, money in many accounts. Specific wording in Mom's Living Trust required a monthly stipend for my "mentally retarded" brother, he money has been spen...
The prior answer is a good short response. Let me elaborate. The trustee of a trust has the highest duty the law creates (known as a fiduciary duty) to the beneficiaries of the trust. By law, assuming the trust became irrevocable when your mom passed away, your sister has a legal obligation to provide a copy of the trust upon request. From all you said, you should seek immediately legal counsel and file a petition with the court for a complete accounting and perhaps, removal of your sister as trustee. Though it has been some time, failure to provide legal notice as provided for in Probate Code Section 16061.7 may have tolled the statute of limitations on this matter. Availability of attorneys fees is questionable but if you can prove fraud, your sister would likely be liable personally for the damage suffered. Clearly a complete analysis by an attorney is warranted here. I hope this was helpful.See question
the trust odes not state what a share equals
Though a "share" may be defined differently in the body of the trust in question, a share is usually defined as a beneficiaries' portion of the trust assets upon distribution. What that share amounts to in the way of property or cash is normally spelled out in the trust agreement. Thus it is the trust agreement that will define what a "share" is comprised of. I hope that helps.See question
My wife and I have a revocable living trust called "M and N Revocable living trust" with both ofus as cotrustees (I am M, she is N). She recently passed away. I want to name the trust as beneficiary or successor account owner or TOD on various ac...
The easy answer to your question is "generally- YES". As to whether in your specific case it is necessary will depend upon a complete examination and understanding of your underlying trust agreement. I strongly recommend that you seek legal counsel well versed in trust administration immediately to assist you in this process. Failure to properly administer your trust can have substantial, negative consequences.See question
Mortuary has been contacted and Dr is doing death cert. Ali accounts included my name, daughter, sole survivor, and trust also included my name. I assume still have to switch home utility bills. Reverse Mort on home and need to pay that to kee...
Please accept my condolences over the loss of your mother. Unless you have a comfort level educating yourself over all of the items required during the trust administration you have begun, I strongly recommend you seek legal counsel to guide you through the process. Aside from that with which you are already familiar (and assuming the living trust has now become irrevocable), statutory notice should be given to all heirs and beneficiaries, declaration must be filed with the county in which real estate is located, a new certificate of trust should be created (showing you as the successor trustee), etc. I hope this was helpful.See question
I need to know if the whole content on a trust gets recorded or just the grant deed putting the property on the trust?
Generally speaking the intervivos trust is never recorded; to the contrary, one of the attractive components of the living trust is its privacy. The grant deed conveying real property, which should generally be recorded, is not part of the trust agreement itself; it is merely the document that transfers the real property into the trust in question. Hope that helps.See question