Charles Thomas Scott Jr's Answers

Can a beneficiary and her 3 minor dependents be evicted from fathers home they live in with her father by trustee when he passes

Unless the trust provides for you to stay there for a specified length of time, the trustee probably can force you out of the house to sell it so that everybody else can get their shares, and she may even be legally required to so, if the trust doesn't allow the trustee the discretion to let you stay there. She may not be able to do that through a simple eviction if you are a partial owner under the trust, but eventually the court will give probably her that authority. I agree completely with...

1 person marked this answer as helpful

How do I force daughter-in-law to disclose information?

Unfortunately, without some cooperation from her or her attorney, the only way you're going to get answers to most of your questions would probably be through a court, which may not be possible. Trusts are not filed with a court unless there is litigation. Although a will is supposed to be deposited with the court even if there is no probate, it probably would not answer many of your questions, since it would presumably leave everything to the trust. The trust is what has the distribution...

1 person marked this answer as helpful

Does a durable power of attorney need to be filed with the court, or is it valid as soon as it is notorized?

I agree with the other respondents. A power of attorney is almost never "filed" with any court, and unless it has to do with real property it is not recorded with the County Recorder. In California, a petition can be filed under Probate Code Section 4941 to compel a third party to accept an agent's authority. While the US Government is probably immune from damages, others can be liable for attorneys' fees if they unreasonably refuse to accept the power of attorney, although such actions are rare.

1 person marked this answer as helpful

Is lost will valid?

This is a situation where you really need to look at the will to get an answer. If one son was disinherited and the other son got everything, and if the will can be admitted, it may all go to the children of the son named in the will under California's "anti-lapse" statute, Probate Code section 21110, rather than going to all of the grandchildren. If the lost original can't be located, and particularly if it can't be proved through the subscribing witnesses, it may depend on who had the...

Do i fill out court forms or just go to assesors office

In California a surviving spouse can usually avoid a full probate by using an abbreviated procedure called a "spousal property petition" to transfer property from a deceased spouse. This can save thousands of dollars and months of time, and many lawyers who don't do much probate work are not familiar with this alternative.

Can I do anything without paying a lawyer to make my sister move on Trust distribution?

As the previous answer indicates, this is a tough situation for a "do it yourself" solution. Often, getting a lawyer involved is necessary to get a slow trustee moving, and this may be one of those times when it's best to bite the bullet and hire a lawyer to at least make some initial demands. If you clearly limit the amount of money you are willing to spend to a fixed amount, you should be able to find a lawyer who will do at least an initial demand for you for a fair price. Some attorneys...

Where can I locate a copy of a will?

In California and in most of the United States, wills are not registered with the government before somebody dies. After a death, it can sometimes be very difficult to locate the original will. Safe deposit boxes and the decedent's file cabinet are the obvious place to start looking for the original document. Some lawyers retain original wills, although that is less common than it used to be in the past. If you know what lawyer drafted it, that person normally would have at least a photocopy...

CA probate laws, intestate succession

There are no probate court penalties for delaying administration, and I have done some probate cases where the death was decades ago. However, there is a deadline for claiming the exclusion from County property tax reassessment under Proposition 13. After about three years, you can claim the exemption from then on, but you can't reduce past higher property tax bills or get refunds of higher property taxes you paid. Your property tax bills probably went up when the County learned of the death...

Are optional distributions of principal from a credit shelter trust considered taxable income to the beneficiary?

As Mr. Weaver indicates, distributions of principal from a Credit Shelter Trust are normally not considered to be taxable income. You probably already are withdrawing and reporting the income.

1 person marked this answer as helpful

Does it hurt you if you can't agree in settlement negotiations? Besides financially.

In California, and I believe in almost all states, evidence of failed settlement negotiations is not admissible at trial. Judges want to encouage people to try to setlle, and don't want to penalize them if it doesn't work out. Giving settlement a try will help you be perceived as a reasonable person who is at least willing to listen. Many people go into settlement negotiations insisting that they won't budge, but a good mediator or settlement judge can help even stubborn people like your...