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Rosemary Jane Meagher-Leonard

Rosemary Meagher-Leonard’s Answers

471 total


  • I have a revocable trust

    I have a revocable trust leaving everything to my son administered by my daughters. there are three houses in the trust. can they be sold after I pass

    Rosemary’s Answer

    The other attorneys are correct. Most revocable trusts provide the trustee with numerous powers, including the power to sell property before distribution. However, the terms of the trust are controlling and will define that what the trustee can and cannot do. I agree with Attorney Shields; you should probably have an estate planning attorney review your trust to make sure it contains the specifications that you want.

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  • What forms are needed to file with Probate Court to petition for probate for a small Corporation owner/ father left to son will

    The son was named executor in the will. And was left solely the corporation.

    Rosemary’s Answer

    • Selected as best answer

    Your son will need to file a Petition for Probate using the judicial council form. He'll need to make sure that there aren't any additional requirements by the local rules. For example, many counties in California require that a list of known debts/financial obligations be attached to the petition even though the petition does not reference this. Other forms to file with the initial Probate are: Duties and Liabilities, Letters of Testamentary (to be issued by the court clerk but signed by your son), Order for Probate (to be signed by the Court), bond (if the will does not waive bond) waiver of bond if there are beneficiaries who are willing to waive bond. Even though Probate involves mostly judicial council forms, he may want to seek legal advise as some of them can be a bit tricky.

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  • My mom is on SSI an is getting an inheritance due to her boyfriend passing an naming her as his beneficiary... Will they take it

    She is getting 40k ...

    Rosemary’s Answer

    Supplement Social Security (SSI) is a needs based program. This means that your mother receives SSI because she qualifies for it based on her income and available resources. Social Security will not take her inheritance. However, she may become disqualified from receiving SSI for a period of time due to that available asset. As Attorney Santaella has recommended, she should consult with an attorney who is knowledgeable about social security and other government benefits.

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  • How do I get custody of my nieces and nephews?

    My brother is a drugatic and their mother is also one. She ran off with their cash and food benefits for a year. She comes around here and there. She does not raise them. My family raise the 3 children out of our pocket money. They eat, sleep, and...

    Rosemary’s Answer

    Attorney Coston is correct. You need to contact a Probate attorney to file a petition for temporary, and then general Guardianship. Based on the facts you have described, an the fact that they children have been living with you and your family, you stand a good chance of prevailing in the guardianship case.

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  • My Husband Passed away and left a TRUST in my son's name.

    My son QUIT DEED and TRANSFER TAX AFFIDAVIT in his name back in 2012 but NEVER changed the Apartment Mortgage Payments or Apartment Insurance into his name. We had 2 apartment units get flooded & since then they've been fixed. The Insurance Comp...

    Rosemary’s Answer

    I am sorry for your loss.
    I agree with Attorney James. If the amount to be received is less than $150,000.00, you should use a small estate affidavit under Probate Code Sec. 13100 to have the check reissued to the name of the trustee for the trust.

    I also agree that sometimes bank employees do not understand this method of collecting assets on behalf of the decedent's trust or estate. So, this may require that you speak with the branch manager or have the employee contact their legal department in order to get the check reissued.

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  • My mother is recently diagnosed with altzhimer's and my sister took it upon herself to have my mother to give her POA

    She was caught, by my mother using a credit card for car repairs for another sister. We know there has been commingling of funds, but this was the first time she was caught. Bottom line is that she now wants to put my mother in a nursing home. My...

    Rosemary’s Answer

    • Selected as best answer

    Your mother is fortunate to have you and your brother who are looking out for her best interests. Unfortunately, this situation is far too common in families which usually do not resolve on their own without court intervention. I agree with Attorney O'Brian. You and your brother should contact a Probate/trust litigation attorney as soon as possible. Most likely, a conservatorship petition and/or petition to remove the offending sister as the trustee will be needed to protect your mother and her assets.

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  • Which would be best, a quitclaim deed or a grant deed, to transfer real estate from a revocable living trust to the heirs?

    I am the successor trustee and, along with my sister, an heir. The property will pass to us as an inheritance with no money involved. This property (a house) was purchased by our parents over 60 yrs. ago and is owned outright with no encumbrances....

    Rosemary’s Answer

    I agree with Attorney Hayes. You may want to consult with an estate planning attorney to ensure that the transfer, and the trust administration is handled properly. A quitclaim deed can be used but often times a trust transfer deed is a better alternative. You will also need to be mindful of the rules concerning transfers between parents and children. If the transfer to your and your sister's names is done properly, the property should not be reappraised for property tax purposes. Since your parents purchased their home 60 years ago, these taxes are probably low and worth preserving.

    You may also want to discuss the best way for you and your sister to hold title to your individual shares. For example, you may want your portion to be held in your own trust. If it's going to remain rental property, you and your sister may want to explore forming an LLC for added liability protection.

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  • Can I sue for excecutership Don't feel I can trust person who is excecuter

    It is my mothers will...she appointed someone else for that

    Rosemary’s Answer

    I agree with Attorney James. You can file your own petition to probate your mother's estate if the named choice for executor has not yet filed. If the named executor has filed but it not yet appointed, you can file an objection to that petition. If the named executor has been appointed, then you can petition the court to have the executor removed. In every such instance, you must have very good reasons for your petitions /objections to petition. As Attorney James advised you, courts favor appointment of an executor who has been nominated by the decedent.

    If your mother's will waives bond, you can also request that the court impose a bond, to protect the assets, if the court is inclined to appoint that person.

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  • How do I compel someone that is holding property that belongs to my family trust to return it to the custody of the trustee?

    I am the trustee of my father's living trust. The trust includes some furniture that is currently in the house of my sister and her husband. They refuse to release it to me voluntarily. My question is what is the precise legal route to compel them...

    Rosemary’s Answer

    As trustee for your father's trust, you are charged with the duty of marshaling all trust assets. Marshaling simply means gathering, inventorying and obtaining values of the trust property. So, you are on the right track by understanding that you, as trustee, should try to recover this property on behalf of the trust. If your sister and her husband refuse to return the property to you, then you may need to file a Petition under Probate Code Sec. 850. In certain circumstances, you may be able to recover double damages from them under Probate Code Sec. 859. Since it is furniture involved, you'll also have to weigh the cost to the trust of pursuing this action versus the value of what is likely to be recovered.

    You should consult with a trust/trust litigation attorney regarding this.

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  • What do I do with my 88 year old mother who is starting dementia and is getting violent?

    My mother lives with my husband and I, and he is her caregiver. She has been a hard person to deal with her whole life, but she is now getting exponentially worse. When she talks, she doesn't make sense and says things that are "off the wall." She...

    Rosemary’s Answer

    I'm so sorry that you are going through this with your mother. The anger, threats of violence and difficulty communicating can be due to dementia. I agree that since it's the holidays and you can't reach her doctor, you might try your local hospital. However, your mother cannot be involuntarily confined to a facility except in certain circumstances. If your mother is an immediate danger to herself and your family, it sounds like it might be the case, then a mandated professional such as the police or a psychiatrist can authorize a 72 hour confinement in a mental facility. This could give you some breathing room to obtain a temporary conservatorship (and ultimately a general conservatorship). A conservatorship with dementia powers would allow you to place your mother in a locked facility.

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