Mark Allen Ziebold’s Answers

Mark Allen Ziebold

Irvine Estate Planning Attorney.

Contributor Level 10
  1. What protection does a living trust offer?

    Answered over 3 years ago.

    1. Mark Allen Ziebold
    2. Eric Samuel Mcintosh
    3. Henry Daniel Lively
    3 lawyer answers

    A living or revocable trust can help you to keep your separate property segregated from any community property that you acquire during marriage. Generally these are called separate property trusts by practitioners, and you are the sole Settlor, Trustee, and beneficiary during your lifetime. After your death, you can choose to distribute the funds in your separate property trust to whomever you wish. The advice you have been given above is correct. If the property is separate property...

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  2. Is it to late for probate.

    Answered almost 4 years ago.

    1. Mark Allen Ziebold
    2. Dimitri A. Panagopoulos
    3. Brett S Lytle
    3 lawyer answers

    From your facts it sounds like your mother had every asset titled in the name of a revocable trust. If any assets were left outside of your mother's trust or had a designated beneficiary (such as life insurance or retirement accounts) then those will not be governed by the trust. Anything titled in the trust will be governed by its terms. Do you have a copy of the trust? Under the CA probate code you are entitled to a complete copy of the terms of the irrevocable trust if you request it....

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  3. Do I need an Attorney

    Answered over 3 years ago.

    1. Mark Allen Ziebold
    2. Troy Austin Pickard
    2 lawyer answers

    yes, you should seek out legal counsel on this matter. An estate planning attorney can help you use the will and/or trust of the decedent to determine who was the person in charge of your father's estate. That person may be able to contact the insurance company to determine who the beneficiary of the policy was (due to the fact that your father was the owner of the policy and the person or entity that handles the estate can usually obtain information about these matters). it will ultimately...

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  4. Irrevocable trust

    Answered over 3 years ago.

    1. Mark Allen Ziebold
    2. Howard George Frank III
    3. Daniel Kenneth Printz
    3 lawyer answers

    As noted above, you should first look to the trust itself to see if you retained any powers to remove and replace the trustee. If you did not, then typically the beneficiaries of the trust by majority or unanimous vote may be able to remove the trustee if that provision is included. If there is no internal way to change the trustee, then ask the trustee to resign and if he/she/it does not agree to do so, then you can either modify the terms of the irrevocable trust under the CA probate code...

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  5. Can my spouse surviving children make me sell my home to give them half of their mothers share in our home?

    Answered almost 4 years ago.

    1. Mark Allen Ziebold
    2. Shannon Thebaut Howell
    3. Janet Lee Brewer
    4. Quinton Ray Swanson
    5. Kevin Michael Cortright
    5 lawyer answers

    I agree with Attorney Howell. Make sure that your deed says that you hold the property as "joint tenants" and not as "tenants in common" or "community property". If you do not hold the property as "joint tenants" or as "community propery with right of survivorship", then the decedent's share will generally have to go through probate. If you hold it in such a manner that provides rights of survivorship, then it will automatically pass to the survivor. The issue is often that the survivor...

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  6. Will or living trust?

    Answered almost 4 years ago.

    1. Mark Allen Ziebold
    2. Dimitri A. Panagopoulos
    3. Charles Edward Mcwilliams Jr.
    3 lawyer answers

    You have received some good information already. Ultimately it comes down to what you want to do with your estate. If you don't mind paying the legal fees now, your estate will generally be administered more efficiently with a living or revocable trust rather than having the assets go through probate and be distributed pursuant to your will. Note though that if you set up a testamentary trust through your will, you are not avoiding the probate process as the assets would have to go through...

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  7. Is my husband entitled to my inheritance?

    Answered almost 4 years ago.

    1. Jason C. Morris
    2. Janet Lee Brewer
    3. Mark Allen Ziebold
    3 lawyer answers

    As stated above, the general rule is that inheritances are treated as separate property under community property states. Based on this general rule, if you keep your inheritance separated from any community property assets that you hold with your separated husband then there will be no chance for commingling assets and your separated husband would have a difficult time arguing that any of your separate property was changed (legal term is transmuted) from your separate property into community...

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  8. What do I need to do to write out my will by hand to make it legal?

    Answered over 3 years ago.

    1. Mark Allen Ziebold
    1 lawyer answer

    While I do not recommend that you solely rely on a holographic will (one that does not follow the regular legal requirements but that is in the handwriting of the individual), the requirements in California are that the material provisions be completely in your own handwriting and that it be signed (under Probate Code section 6111). it is also a good idea to date the will, make sure it is legible, and clearly identify which assets are to be left to which beneficiaries. You should strongly...

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  9. California probate

    Answered over 3 years ago.

    1. Mark Allen Ziebold
    2. Janet Lee Brewer
    2 lawyer answers

    Hire an attorney to file a petition for probate that names you both as co-executors or that names you as the sole executor. If your sibling will not work with you then you can ask the court to consider that request, but normally, unless there is evidence to have the judge rule otherwise, the court will go with the request of the decedent. If your sibling is going to fight to be named as the sole executor, then you will need to file a competing petition for probate as well and the court will...

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  10. My dad passed and his insurance co issued a chech made out to the estate of my dads name he has no real property just the check

    Answered over 3 years ago.

    1. Paul J Molinaro
    2. Mark Allen Ziebold
    3. Joel Andrew Gordon
    3 lawyer answers

    It depends on what your father had in place when he died. Did he have a will and/or a trust? If so, then the trustee or nominated individual should contact the insurance company to determine if the estate was named as the beneficiary of the life insurance policy or if this was a mistake by the life insurance company. If you have not opened a probate then a check made out to his estate will not help you as no one in your fact pattern is the personal representative of the estate that has been...

    1 lawyer agreed with this answer