Paula Ann Clarkson’s Answers

Paula Ann Clarkson

Santa Ana Estate Planning Attorney.

Contributor Level 6
  1. We need a probate attorney, ASAP, but cannot afford one. What can we do?

    Answered almost 2 years ago.

    1. Paula Ann Clarkson
    2. Eric Jerome Gold
    2 lawyer answers

    I'm sorry about your loss. You or your brother need to petition for probate or else you will not have authority to act on your mother's assets. If there is an emergency issue, the petition is filed along with an Ex Parte (emergency) petition. You should seek the assistance of a probate attorney in your area to make sure everything is done correctly and timely. Good luck.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Co-Trustees cannot agree and the Trust company names as alternate will not take it over, California

    Answered almost 5 years ago.

    1. Paula Ann Clarkson
    2. Henry Daniel Lively
    3. Peter Robert Stone
    3 lawyer answers

    If the size of the Trust is such that a corporate trustee will not take over, an option may be to have a private fiduciary appointed. There are several independent fiduciaries that specialize in managing trusts of all sizes. Private fiduciaries are excellent options to preserve the trust assets and preserve the family relationships. Depending on the terms of the Trust, the trustees may need to petition the Court for appointment of a successor trustee. The terms of the Trust may allow...

    2 people marked this answer as helpful

  3. A house is in a Calif. revokable trust. When the owner dies does the prop. 13 die also?

    Answered almost 5 years ago.

    1. Janet Lee Brewer
    2. Paula Ann Clarkson
    3. Bryan Don Eisenbise
    3 lawyer answers

    There are specific exemptions to property tax reassessment when the property is transferred from a parent to a child/children. Whether the trustee is a child is irrelevant. Additionally, when the property is the parent's residence and all beneficiaires are children, 100% of the value of the property is subject to the reassessment exclusion. If there are further transfers, each of those transfers gets reviewed independently to see if there is a property tax reassessment exclusion available....

  4. Inheritance questions

    Answered almost 5 years ago.

    1. Paula Ann Clarkson
    2. Frank A Selden
    3 lawyer answers

    It all depends on how the account was opened and the requirements that put on withdrawls. If the account is a trust joint tenant account then either party should be able to take out all of the money. This response is informational only and does not constitute legal, accounting or other professional advice nor does it create any attorney client relationship between the asker of the questions, and ready of the answer or me. It is a general response to a general question. A personal and...

  5. Inheritance questions

    Answered almost 5 years ago.

    1. Paula Ann Clarkson
    2. Frank A Selden
    3 lawyer answers

    It all depends on how the account was opened and the requirements that put on withdrawls. If the account is a trust joint tenant account then either party should be able to take out all of the money. This response is informational only and does not constitute legal, accounting or other professional advice nor does it create any attorney client relationship between the asker of the questions, and ready of the answer or me. It is a general response to a general question. A personal and...

  6. Is a will valid if it is delivered to the beneficiaries, or the court, more than 60-days following the death of the testator?

    Answered almost 5 years ago.

    1. Oliver Whitney Bray
    2. Paula Ann Clarkson
    2 lawyer answers

    The will and/or trust are not deemed invalid simply because an executor/trustee refuses to lodge the will or provide a copy of the trust to the beneficiaries. The executor/trustee does have a fiduciary due to lodge the will with the court within a specific period of time and to provide a copy of the trust upon request by a beneficiary. If the executor/trustee is failing to fulfill his or her fiduciary duty then the only option appears to petition the court for these documents and perhaps the...

  7. Can the surviving Trustor amend their Trust to change the Successor Trustee?

    Answered almost 5 years ago.

    1. Phillip Clarence Lemmons
    2. Paula Ann Clarkson
    3. Steven J. Fromm
    3 lawyer answers

    It all depends on the terms of the Trust. Often when a first spouse dies and a trust becomes irrevocable, only a portion becomes irrevocable. If the trust was divided upon the death of the first spouse into two trusts with the decedent's portion becoming irrevocable and the surviving spouse's portion still being revocable, the surviving spouse should be able to amend his or her own trust (i.e. name a new trustee). Again, it all depends on the terms of the trust. I recommend that you speak...

  8. If my sister is my "trust" person in my folks will, can she just go ahead and give me my complete share?

    Answered almost 5 years ago.

    1. Paula Ann Clarkson
    2. Janet Lee Brewer
    2 lawyer answers

    Based on the terms, I am assuming that your parents had a trust and that your sister was named as trustee. If that is correct, then the trustee is required to administer the trust in accordance with its terms. The terms of the trust may provide for different distribution terms for different people with some beneficiaries receiving their interests outright and other receiving their interests periodically. It all depends on the terms of the trust. Depending on the situation, an option may be...

  9. How do you find out who is the benifercary on deceased accounts and is the a statue of limitation time limit to do this in?

    Answered almost 5 years ago.

    1. Paula Ann Clarkson
    1 lawyer answer

    The best way is to contact the financial institution with a certified copy of the decedent's death certificate. If the person requesting the information is not the beneficiary or one of the beneficiaries of the account, then no information should be provided to that person. If the decedent has an estate that is going through probate or has a trust, the executor/administrator or trustee should be able to obtain the information with the proper documentation (Letters Testamentary or Trustee...