Vicki L Rubin-Howton's Answers

Mom and dad purchased a home in 2005 as husband and wife. Dad dies in july 2008. can mom entire house in revocable trust? son

It depends how title was held. if deed was husband and wife as joint tenants then your mother is the sole owner. If she is the sole owner she has the right to put the house in a revocable trust.

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I am a beneficiary of deceased, account is not titled as a trust, how do i obtain a certified death certificate

The following is provided from the State of California web site and provides information on how to obtain a death certificate. This is not intended as legal advice and does not form an attorney client relationship. Authorized Copy vs. Informational Copy Authorized Copy California law defines individuals who can obtain an authorized copy of a birth or death certificate as: The registrant (person listed on the certificate) or a parent or legal guardian of the registrant. A child,...

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My mother is in nursing care and has no idea where her living will is with power of atty.

Disclaimer: This post does NOT constitute legal advice and does NOT establish an attorney-client relationship. Consult an attorney directly for legal advice. You say your mother is in a nursing home but do not say whether she is mentally competent. If you cannot find her old estate planning documents and she IS competenet, she can execute a new power of attorney, will, living trust or other legal documents. Such documents are not filed or recorded with any govt. agency. She probably paid...

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What is the difference between a last will and testament from a living trust?

Here's the short answer: A living trust avoids probate court which is Public, Expensive, Slow and Tentative... A PEST! A will takes effect upon death. A living trust is effective immediately upon execution, notarization and of course funding of the trust. If you own real property, you should consider a living trust. Disclaimer: The information is for educational purposes only. You may want to consult an attorney for specific legal advice.

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Does a living trust need to be notarized in California?

Yes, as a practical matter. Most banks, mortgage lenders and other financial institutions require it. This is especially true if it involves a deed to real property. The county recorder requires a deed or other similar document to be notarized. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.