Pablo Cesar Palomino’s Answers

Pablo Cesar Palomino

San Diego Estate Planning Attorney.

Contributor Level 7
  1. Does a trust need to be written by an attorney?

    Answered over 4 years ago.

    1. Pablo Cesar Palomino
    2. Steven Alan Fink
    3. Mark Brian Baer
    3 lawyer answers

    Absolutely not. However, most estates confront a labyrinth of different area of law simultaneously. In many instances you will be facing contract law, real property law, family law, asset protection law, tax law, probate law, trusts and estates law and elder law. If your trust is prepared by the untrained and inexperienced eye, you risk too much. Further, over time the strategies that we attorneys recommend to our clients evolve based on changes in the law and unique circumstances we encounter...

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  2. Does this stand?

    Answered almost 4 years ago.

    1. Stephen C Hartnett
    2. Pablo Cesar Palomino
    2 lawyer answers

    Mr. Hartnett's answer is on point. I would only add the following: sometimes both the Will and the Trust point to a "Personal Property Memorandum". The personal property memorandum is typically used to distribute personal items of relatively smaller value like furniture and cars. Typically the Trustee and the Personal Representative are instructed by the Grantor/Testator (your mom) to divide certain personal items as outlined in in the Personal Property Memorandum. You may look to see if...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. I am POA for my Nana. She is in a nursing home confused/ forgetful. can she change it if my aunt convinces her to.

    Answered over 4 years ago.

    1. Pablo Cesar Palomino
    2. Mark Brian Baer
    2 lawyer answers

    The law requires that your Nana have legal capacity to execute a power of attorney. If she is confused and forgetful, she may not have the requisite capacity to change her old power of attorney and name your aunt. Assuming your aunt does have capacity, then she may name your aunt as the power of attorney and remove you. However, if the "convincing" amounts to "undue influence", the naming of your aunt may not be valid. To protect your aunt, you must first verify that you have power to act on...

    1 lawyer agreed with this answer

  4. My mom past away and I need to know how I would get rights to her estate

    Answered over 4 years ago.

    1. Pablo Cesar Palomino
    2. Mark Brian Baer
    3 lawyer answers

    Assuming there are absolutely no other assets in her estate, the heirs at law may seek from the check issuing entity that those checks be re-cut in the name of the heirs at law. The procedure that would allow for this is found in CA probate code 13101 - 13106. The document you may need is called an "Affidavit of Small Estate". Often the issuing entity has such a form available. Also, you will have to wait at least 40 days since the date of death of your mother.

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  5. Community Property

    Answered over 3 years ago.

    1. Adam Christopher Aparicio
    2. Christopher B. Johnson
    3. Pablo Cesar Palomino
    4. Henry Daniel Lively
    4 lawyer answers

    Mr. Johnson and Mr. Aparicio are correct. I would only add the following: if your father has a Will, you may be looking at having to probate his estate upon his death. You may wish to consider if this is the best method of inheriting his estate. Often probate can be expensive, public, prolonged and emotionally taxing. Further, you may wish to consider having your father leave your inheritance in trust for you so as to protect you from accidentally comingling your inheritance and giving...

  6. What is a simple, inexpensive and reliable way to set up a living trust for an estate valued between 1 and 2 million

    Answered over 4 years ago.

    1. Janet Lee Brewer
    2. Henry Daniel Lively
    3. Mark Brian Baer
    4. Pablo Cesar Palomino
    4 lawyer answers

    Often creating a document is not difficult per se. Indeed, with the myriad of self-help books, online forms and internet services, there are plenty of resources for you to choose from. What you must also factor into your planning is the fact that laws are constantly changing and so are the dynamics of your circumstances. In opting for the easiest most inexpensive method, you risk that when the laws change again you will not know how it impacts your current strategy nor will you know how you...

  7. Can i legally remove my mom from my dads property title? she had a stroke and needs to go on medicaid.

    Answered over 4 years ago.

    1. Pablo Cesar Palomino
    2. Susan Lynne AlexanderMyers
    3. Justin Jay Watling
    3 lawyer answers

    It appears you may have two distinct projects: 1. management of mother's financial affairs during her incapacity, and 2. qualify mom for Medicaid. In order to manage mother's financial affairs, you will need a durable financial power of attorney which names you as the agent. The document must specifically authorize you with the power to manage mother's property interests. Alternatively, you may need to have a judge appoint you as the conservator of your mother's estate. As for your...

  8. Dad has two homes with mortages what happens when he passes

    Answered over 4 years ago.

    1. Freya A Shoffner
    2. Pablo Cesar Palomino
    2 lawyer answers

    You should be clear on the terms of the mortgages. Most provide that the loan is due and payable immediately at death. Evaluate the contract and/or consult with the bank servicing the loan. There are numerous things that can happen with the loan: 1. the heirs may take on the loan and continue servicing the debt themselves (assuming the lending institution allows this); 2. the property is sold and the balance, after paying off the loan, is divided among the heirs; 3. the debt is refinanced; 4....

  9. My will leaves everything to my children. Should they divorce, will their inheritance be outside of any divorce settlement?

    Answered over 4 years ago.

    1. Edward Joseph Smeltzer II
    2. David Perry Davis
    3. Pamela A Wilson
    4. Pablo Cesar Palomino
    5. William A. Swendson II
    5 lawyer answers

    If your objective to totally avoid government interference and achieve maximum protection for your heirs, you should consider the following: 1. Create a trust to hold title to your assets. At death, if all of your assets are in trust, your children should be able to avoid probate. If you leave your assets to your children by way of a only a will, they may have to open probate at your death, thereby suffering unecessary costs and delays. 2. Leave your assets in trust for your children. At...

  10. How long after a person dies in does a person have to contest a will

    Answered over 4 years ago.

    1. Pablo Cesar Palomino
    1 lawyer answer

    You would have to check the statute for the State of Washington. Typically you have a set number of days to contest a will. Of course there are exceptions, so you should be clear on those. You should also look into the "no contest" clauses within that statute so that you do not inadvertently cut yourself out of any beneficial interest you may have in that Will (assuming you are a beneficiary).

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