Zev Shalom Brooks’s Answers

Zev Shalom Brooks

Santa Ana Probate Attorney.

Contributor Level 7
  1. What is the best way to handle special instructions on distribution of funds?

    Answered about 3 years ago.

    1. Zev Shalom Brooks
    2. John Rogers Burk
    2 lawyer answers

    Dear Beneficiary: I think the easiest solution to your problem is allocate from the trust itself an amount to be held for the benefit of the grandchildren or to distriubte it ourtight to them if they are adults. The remainder will be split equally by yourself and your siblings. In this manner, you each equally contribute to the grandchildren's gift. For example, if there is $900,000 to distribute and you each are to get $300,000, but from the $900,000 you allocate $150,000 to be managed...

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  2. Grandparents vistation rights in California...

    Answered about 3 years ago.

    1. Zev Shalom Brooks
    1 lawyer answer

    Dear Grandparent: California Family Code sections govern the visitation rights of a grandparent. If the mother does not want to let you see your grandchildren, you can file a petition in Court asking the Court to compell visitation. However, Family Law Code section 3104 (b) prevents your filing such a petition if the mother is married unless one of five exceptions is met. One of the exceptions is if the other child's parents consents to your petition. Another is if the parents are...

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  3. My mother deceased, she had no estate, a check came in for $250 which medicare said that as the sole relative I would be

    Answered about 3 years ago.

    1. Zev Shalom Brooks
    2. Bert Z. Tigerman
    2 lawyer answers

    Dear Beneficiary: You should first try to deposit the bank into an existing bank account of your mother. Chances are the bank will accept it for deposit. It would be different if you were trying to get money out of the account. Once it is in an account, you will need to present to the bank a declaration commonly used for small estates often referred to as a Section 13100 Declaration. This Declaration is used to get third parties to distribute assets without the need to initiate a formal...

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  4. Filing for guardianship over estate for my daughter.

    Answered about 4 years ago.

    1. Zev Shalom Brooks
    2. Christopher B. Johnson
    2 lawyer answers

    Probate Code section 1511 deals with notice of the hearing on a Guardianship. 1511(c) (2)requires fifteen days notice by mail to all those listed in the GC-210 Petition which really refers to those relative listed on your GC-210A. Note that since you are only seeking guardianship over the estate, the statute allows the court to dispense with notice to those relatives if you have a good reason not to give them notice. 1511(c)(2). Typically, I use a rule of thum that says when in doubt, give...

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  5. No will, few assets: California

    Answered about 4 years ago.

    1. Janet Lee Brewer
    2. Zev Shalom Brooks
    2 lawyer answers

    California allows for the settlement of small estates whose probate assets are less than $100,000 by allowing the beneficiaries to deal directly with the third parties who hold assets of the decedent and request that those assets be turned over directly to the beneficiaries. Typically this is done with a written declaration and a death certificate and a will if there is one pursuant to Probate Code section 13100. In your case, since there is no will, the intestate beneficiaries will all need...

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  6. At what finanicial level does Probate become manditory? In California.

    Answered almost 3 years ago.

    1. Michael Robert Weinstein
    2. Kimberly Tsong-Min Lee
    3. Henry Daniel Lively
    4. Zev Shalom Brooks
    4 lawyer answers

    I just wanted you to know the CA assembly has passed legislation increasing the $100,000 cap to $200,000 and increasing the real property cap to $100,000. It is not law yet, but likely will be probably after January 1, 2012.

  7. If a trustee of a signs a deed of trust to a lender, but signs w/o the trustee designation, can they still bind the trust?

    Answered about 3 years ago.

    1. Zev Shalom Brooks
    2. Bert Z. Tigerman
    3. John Rogers Burk
    3 lawyer answers

    I don't know from your questions whether it is to your advantage to have the trust bound by the Deed of Trust or not, but what you have here in essence is a contract question. Two parties intended to enter into an ecomomic relation. The lender provided money and the trust gave the lender a Deed of Trust to secure the loan. It seems to me if the lender and trustee had a meeting of the minds and especially if both understoood the authority of the signer was as trustee, tand that the trust had...

  8. How can my boyfriend go about getting legal gardianship of my 16 year old daughter without having to get both parents conscent?

    Answered almost 3 years ago.

    1. Zev Shalom Brooks
    2. Eliz C A Johnson
    2 lawyer answers

    I don't practice in South Carolina, but if it is anything like California law, you will have to give the father notice and he certainly will have a right to object. However, since your daughter is 16 years old, she might have a say in the matter due to her advanced age and the Court could allow the adoption if she wants it. You might consider whether the adoption would sever her father's parental rights and his obligation, then, for child support.