Helene Patrice-Dreyer Koch’s Answers

Helene Patrice-Dreyer Koch

Indian Wells Estate Planning Attorney.

Contributor Level 8
  1. I have asked this before but perhaps did not phrase it correctly. I was made administrater of my moms estate.

    Answered almost 2 years ago.

    1. Helene Patrice-Dreyer Koch
    2. Eric Jerome Gold
    2 lawyer answers

    You definitely need more forms. The forms you referred to are for use AFTER the court has authorized you to sell the property and has conducted the court auction for its purchase. Before you ever get to that point, you have to get a court date for the sale auction, publish notice of sale, the auction has to be held, etc. Don't be scared off by the term "auction." You should definitely still try to find a buyer. But "technically" the buyer has to "bid" on the property at the court auction...

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  2. Does a California durable power of attorney grant the attorney-in-fact powers to manage assets held in a living trust?

    Answered almost 2 years ago.

    1. Helene Patrice-Dreyer Koch
    2. Eric Jerome Gold
    3. James P. Frederick
    3 lawyer answers

    No. A power of attorney only authorizes the Agent under the power of attorney to act on behalf of the Principal, individually, not to act on behalf of the Principal in any of the Principal's non-individual capacities, such as president of a corporation, trustee of a trust, or guardian of a minor. A power of attorney can SOMETIMES be used to allow the Agent to amend the trust, but only if that power is specifically mentioned in the power of attorney AND is also mentioned in the trust...

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  3. Need clarification of California Probate Code Section 16420, Remedies for Breach of Trust.

    Answered almost 2 years ago.

    1. Helene Patrice-Dreyer Koch
    2. Eric Jerome Gold
    2 lawyer answers

    All of the remedies listed under Probate Code Section 16420 require a court proceeding. Only a judge can impose the remedies and only after a breach of trust has been proven. If the other trustees is not grasping this concept, you might want to point the trustee to the language of Section 16420 that states outright that it is for commencement of a proceeding. There is no "self help" for breach of trust. Hope that helps to clarify things for you. Please remember to select a "Helpful" and...

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  4. My brother n law was in a group home.he pass away ,nobody check on him when he did not show up to eat for a day. what can I do

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Robin Mashal
    3. Kevin Coluccio
    4. Helene Patrice-Dreyer Koch
    5. William West Seegmiller
    6. ···
    10 lawyer answers

    You asked this question in Probate, but it is really a question for the Wrongful Death category. Most personal injury attorneys also handle wrongful death claims. I will try to reroute to the better category for you, but if it does not work, you should repost your question under "Wrongful Death". Good luck to you!

    4 lawyers agreed with this answer

  5. Is a daughter considered entitled to be a legal representative of her deceased father without an estate?

    Answered almost 2 years ago.

    1. Michael Robert Weinstein
    2. Helene Patrice-Dreyer Koch
    2 lawyer answers

    I agree with Attorney Weinstein's comprehensive response. I would only add that, if you try the letter approach first, be sure to include a certified copy of the death certificate, a copy of the Will if he had one, and if he did not have a Will then you might consider adding a copy of the marriage license to establish your mother's relationship.

    4 lawyers agreed with this answer

  6. Under California Probate Code 13100 do you have to file a notice to creditors

    Answered almost 2 years ago.

    1. Helene Patrice-Dreyer Koch
    2. Michael Raymond Daymude
    3. David John Tappeiner
    3 lawyer answers

    No. The Notice to Creditors only applies if you are proceeding with a full probate. HOWEVER, just because creditors are not required to be given notice does NOT mean that the debt vanishes, nor does it mean that you can MISLEAD creditors into believing the decedent is still alive. Generally speaking, the creditors cannot collect on the debt unless they initiate a court proceeding within one year of the date of death. This limitation will MIGHT NOT apply if you mislead the creditor about...

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  7. Dad married and divorced after 4 years having one daughter. dad re married , had another daughter. 25 years later dad died.

    Answered almost 2 years ago.

    1. Brian Leigh DeWitt
    2. Helene Patrice-Dreyer Koch
    3. Shaan Aziz Ansari
    3 lawyer answers

    Attorney De Witt is correct. I would add that, assuming no will and one surviving spouse and two children (you and your half sister), intestate shares would be: spouse gets 100% of community property and 1/3 of your dad's separate property. You get 1/3 of his separate property. Sister gets 1/3 of his separate property. A house owned before the marriage to the surviving spouse would usually be separate property UNLESS payments for the mortgage were made during marriage, in which case the...

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  8. For a married couple with grown children, owning cars, personal residence, house rentals. and some heavy equipment. How best

    Answered almost 2 years ago.

    1. Helene Patrice-Dreyer Koch
    2. Douglass S Lodmell
    3. Denise Leydon Harvey
    3 lawyer answers

    There's no way to fully shield assets from creditors, but you can take steps to "slow them down" by putting barriers in their path. A good idea for the rental properties, for instance, might be setting up an LLC (limited liability company) for each property. If the company is adequately capitalized and run without commingling with their other assets (in other words, treat it like a business), then in most cases creditors related to that property will be limited to the assets of the company...

    3 lawyers agreed with this answer

  9. My previous question was misunderstood....

    Answered almost 2 years ago.

    1. Helene Patrice-Dreyer Koch
    2. Patricia B. Cole
    3. Eric Jerome Gold
    3 lawyer answers

    I am licensed in California. The Texas attorney (Patricia Cole) gave a very complete answer and I concur that it applies in California. I would add that I am curious to know HOW she was able to withdraw funds if the account was in your father and step-mother's names? I assume she used a debit card or electronic transfer that did not require her to go into the bank. If the bank was actively involved (she went in and they gave her the money, for instance), then you MIGHT have a claim against...

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  10. My 89 yr old grandmother died in January.

    Answered almost 2 years ago.

    1. Christine James
    2. Helene Patrice-Dreyer Koch
    3. Daniel Mcgraw Little
    3 lawyer answers

    I agree that you need to see a lawyer as soon as possible. A lawyer can held you get a copy of the trust and the Will without more of this run around. The statutes of limitation do not get shortened until they give you the Trust, together with a required notice, so that's not a concern at the moment, but other limitations run in the long term so it's still better not to sit on it. Also, they may be stalling to clean out assets, so the sooner the better!!

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