Brian Michael Malloy’s Answers

Brian Michael Malloy

San Diego Estate Planning Attorney.

Contributor Level 10
  1. My oldest brother, executor of my mother's estate (father deceased) failed to include oil and gas rights assets in probate.

    Answered almost 2 years ago.

    1. Brian Michael Malloy
    2. John S. Rueppel
    3. James P. Frederick
    3 lawyer answers

    Hire a trusts and estates attorney in the county in which your mother resided. If there was a probate, it needs to be reopened. If your brother refuses to do it, you do it.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Contract needed

    Answered almost 2 years ago.

    1. Daniel Nathan Ballard
    2. Christine C McCall
    3. Brian Michael Malloy
    3 lawyer answers

    $100 or less? I would imagine you'd more likely be paying $250-$500 to get this done....good luck! Remember....you get what you pay for.

    6 lawyers agreed with this answer

  3. When someone dies does property they own automatically go into the trust if they have one set up?

    Answered almost 2 years ago.

    1. James P. Frederick
    2. Brian Michael Malloy
    3. Kaye P Willi
    3 lawyer answers

    Depends how the property was titled. Depends on the terms of the trust. Depends if the house was meant to be a trust asset. Contact a trusts & estates attorney in your area.

    7 lawyers agreed with this answer

  4. Father passed....no wife....what happens to his estate?

    Answered almost 2 years ago.

    1. John Bernard Palley
    2. Brian Michael Malloy
    3. Rosemary Jane Meagher-Leonard
    4. Robert E. Millsap III
    5. Tai Christopher Bogan
    5 lawyer answers

    Dad's estate passes to each child in equal shares. If dad owned a house or otherwise had assets over $150k, his estate needs to be probated. Speak to a trusts & estates attorney in your area.

    5 lawyers agreed with this answer

  5. What advantages living trust offers over will?

    Answered almost 2 years ago.

    1. Brian Michael Malloy
    2. James P. Frederick
    3. Jerry E Shiles
    3 lawyer answers

    Trusts have several advantages: possibly help save on estate taxes; ability to avoid probate; ability to save time and money in case of incapacity. In a fully integrated basic estate plan, there are usually: revocable living trust, pour-over will (i.e., the only beneficiary of your will is your trust....it pours everything into your trust that isn't already in your trust....a safety net), assignment and grant of personal property to trust, advance health care directive, power of attorney...

    5 lawyers agreed with this answer

  6. How can I receive my mother's insurance money when she has no will and my only other sibling is trying to exclude me?

    Answered almost 2 years ago.

    1. Brian Michael Malloy
    2. Arthur Harold Geffen
    3. James P. Frederick
    3 lawyer answers

    Indeed. Hire an attorney ASAP! The insurance company will likely want to know if there is a probate open on your mother's estate. Put the insurance company on notice.

    5 lawyers agreed with this answer

  7. Hi! I just received notification (per California probate code section 16061.7) about my aunt’s death, and yet I’m not listed on

    Answered almost 2 years ago.

    1. Brian Michael Malloy
    2. Larry Dale Webb
    3. Michael Raymond Daymude
    3 lawyer answers

    Although your question was cut off, I'll try to give you the best answer I can with what you provided. Notice under California Probate Code section 16061.7 is provided, for example, upon death of the trustor or change in trustee. You were probably notified because you are an heir of your aunt, and hopefully, a beneficiary.

    5 lawyers agreed with this answer

  8. Can an Executor of an Estate use a Power of Attorney to asign responsibiilities to someone to act on their behalf?

    Answered almost 2 years ago.

    1. Brian Michael Malloy
    2. Brad S Hindley
    3. Michael Raymond Daymude
    3 lawyer answers

    Since you have accepted the role of Executor, you should hire an attorney to assist you and to protect you from any potential liability with respect to administering the estate. The estate pays for your attorney. Hire an attorney...it's a no brainer!

    4 lawyers agreed with this answer

  9. In california, does the trustee havre the right to hold back from giving a copy of my moms trust that is a copy from the from f

    Answered almost 2 years ago.

    1. Brian Michael Malloy
    2. James P. Frederick
    2 lawyer answers

    I'm not quite sure I understand your entire question, however, you do have a right to obtain a copy of your mother's trust. Make a formal demand upon the trustee (e.g. a letter). If the trustee refuses to comply, hire an attorney and proceed to court.

    4 lawyers agreed with this answer

  10. In the state of California can "no contest" clauses be included in a revocable trust, and if so how binding are they?

    Answered almost 2 years ago.

    1. Brian Michael Malloy
    2. Steven M Zelinger
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    No contest clauses are valid in California and should be taken very seriously. No contest clauses are common and can drafted in a myriad of ways. You should carefully review the no contest clause prior to pursuing any court action. A trustee can be removed from office for breach of trust. Short of that, you will likely not be able to remove the trustee from office. The courts respect the testator's wishes....if the testator wanted this person to serve as trustee, then this person will...

    4 lawyers agreed with this answer