Rosemary Jane Meagher-Leonard’s Answers

Rosemary Jane Meagher-Leonard

San Diego Estate Planning Attorney.

Contributor Level 15
  1. I'd like to create a family trust. Can I make my bank the trustee who distributes the funds and real property in the trust?

    Answered about 1 year ago.

    1. Rosemary Jane Meagher-Leonard
    2. Russell Cameron Miller
    3. James P. Frederick
    4. Max M Alavi
    4 lawyer answers

    You should be commended for understanding the importance of creating a family trust. I am presuming that you are not considering nominating a family member/friend as your successor trustee. In many cases, it is preferable not to nominate family/friends in this capacity. Assuming, too, that you would act as your own trustee during your lifetime, you can nominate your bank as the successor trustee. However, most banks with trust departments are only willing to handle very large estates. You...

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  2. I have a premarital agreement with my wife. We are setting up a trust together.

    Answered almost 2 years ago.

    1. Robert Paul Bergman
    2. Russell A. Wyatt
    3. Rosemary Jane Meagher-Leonard
    4. Douglas R Holbrook
    5. John Noah Kitta
    6. ···
    6 lawyer answers

    Yes, all of your separate and community property can (and should) be included in your trust. A properly drafted trust will allow your property to maintain its character even while in the trusts. As the other attorneys have advised, the trust should specifically reference the prenuptial agreement. You should have your trust drafted by an experienced estate planning attorney.

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  3. How much time does the trustee of an estate have before notifying the beneficiaries?

    Answered over 1 year ago.

    1. Rosemary Jane Meagher-Leonard
    2. Mary Lynn Symons
    3. Michael Leo Potter
    4. Michael Raymond Daymude
    5. Charles Adam Shultz
    6. ···
    6 lawyer answers

    I am sorry for your loss. I agree with Attorney Symons If there is a trust, the trustee must, within 60 days after the death of the trustor/trustee provide all beneficiaries and heirs with notice that meets the requirements of Probate Code Sec. 16061.7. This notice must notify the beneficiaries of the change in trustee and that the trust is now irrevocable due to the death. The notice should advise the beneficiaries of their right to request and receive a copy of the terms of the trust. It...

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  4. My brother wants Mother in a nursing home. I want her in her own house. How do we come to a resolution.

    Answered over 1 year ago.

    1. Christine James
    2. Rosemary Jane Meagher-Leonard
    3. Erik Robert Hartstrom
    4. Cynthia Ruth Saffir
    5. Kelly Scott Davis
    6. ···
    6 lawyer answers

    It sounds like your mother is fortunate to have two caring children. Attorneys Hartstrom, James and Davis all provide you with excellent advice. If your mother is legally competent, then she is the one to decide where she should live. If she prefers to stay at home and either has the ability to care for herself or can have assistance in her home, then her wishes should prevail. However, before your mom makes a final decision, she should know what is available to assist her in the aging...

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  5. Is there a form to lodge a pour over will when you are not going to probate an estate? Do I just hand it to the clerk?

    Answered 10 months ago.

    1. Rosemary Jane Meagher-Leonard
    2. Eric Jerome Gold
    3. Samuel Bruce Ledwitz
    3 lawyer answers

    I am sorry for your loss. Assuming your mother died as a resident of San Diego County, you do need to lodge the will with the San Diego County Superior Court Probate Division. The local rule 4.2.1 entitled "Backing on Papers Filed" states that all wills must be attached to a stiff backing cover. There are will covers available at office supply stores. The right side margin of the backing must have the name of the will printed on it. The name must be fully visible. There is also a $50 filing...

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  6. Is there a lookback period for Medi-Cal asset transfer into an irrevocable trust (primary home)

    Answered over 1 year ago.

    1. Rosemary Jane Meagher-Leonard
    2. Kelvin P. Green
    3. Craig Martin Scalise
    4. Steven M Zelinger
    5. Joseph Bernard Mchugh Jr
    6. ···
    6 lawyer answers

    As Attorney Green has said, you are referring to two different Medi-Cal regulations. In California, the applicant's principal residence is an exempt asset. This means the applicant's home, regardless of value, is not considered when determining eligibility for Medi-Cal. However, after the Medi-Cal recipient dies, the State of California will look for reimbursement from the decedent’s assets including the home. If the goal is to protect the home from eventual Medi-Cal reimbursement then an...

    8 lawyers agreed with this answer

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  7. Intestate Succession of Step-Son?

    Answered 6 months ago.

    1. Rosemary Jane Meagher-Leonard
    2. Christine James
    3. Bert Z. Tigerman
    4. Michael Raymond Daymude
    4 lawyer answers

    I agree with Attorneys Tigerman and James. I would add, however, that in some instances where someone has died without a will, stepchildren are considered to be intestate heirs of their stepparent’s estate. Prob Code Sec. 6454 states, “For the purpose of determining intestate succession by a person or the person’s issue from or through a foster parent or stepparent, the relationship of parent and child exists between that person and the person’s foster parent or stepparent if both of the...

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  8. In creating a living trust, who do you name as successor trustee when there are no surviving family members or capable friends?

    Answered 10 months ago.

    1. Rosemary Jane Meagher-Leonard
    2. Justin Albert Shiau
    3. Michael Leo Potter
    4. Jennifer Nicole Sawday
    4 lawyer answers

    You are wise to consider the best options for your successor trustee, particularly when you have no surviving family members and do not wish beneficiaries of the trust to act in this capacity. A good alternate is a licensed, private fiduciary. These private fiduciaries are registered with the State of California and are bonded. You can interview several and select one a your successor trustee and a second one as an alternate. In most cases, financial institutions are unwilling to act as...

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  9. My fathers mortgage will be paid off in two years. He is retired and is 73 years old. What would happen tax wise once the house

    Answered 18 days ago.

    1. Christine James
    2. Rosemary Jane Meagher-Leonard
    3. Frank Wei-Hong Chen
    4. Philip Palmer Lindsley
    5. Joel Steven Weissler
    5 lawyer answers

    I agree with Attorney Chen. It is not clear what you are asking. But, if you are asking whether your father's income taxes will be effected by the payoff, he will no longer be able to claim the interest paid on a mortgage as a deduct on his tax returns. From that standpoint, as he will not be claiming a deduction of the mortgage interest, his income taxes could increase. However, there is a lot for him to consider before taking out another mortgage. At his age, and presuming that he is...

    8 lawyers agreed with this answer

  10. Is it legal for someone who is power of attorney to take ownership of home and all assets after someone passes

    Answered about 1 year ago.

    1. Rosemary Jane Meagher-Leonard
    2. Michael Leo Potter
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    The decedent's son's authority under the Power of Attorney ceased after the mother passed away. Did the mother have a will? Was the son nominated as the executor? If so, then the son must be appointed by the probate court in order to act as such. If there is no will that provides otherwise and the mother was not married at the time of her death, the son and the daughter (the disabled sister) would have equal rights to the mother's estate. If the gross value of the mother's estate is...

    8 lawyers agreed with this answer