Ethan F Miller-Bazemore’s Answers

Ethan F Miller-Bazemore

Garden Grove Probate Attorney.

Contributor Level 7
  1. Wanting to set up a living trust, but hesitating.

    Answered 10 months ago.

    1. Ethan F Miller-Bazemore
    2. John P Corrigan
    3. Christopher Daniel Leroi
    3 lawyer answers

    If I read your question right you are saying the successor trustee (after you) and the beneficiary would be the same person.... And you are asking in that case what is stopping that person from looking out for their best interest and not yours (should you still be alive but possibly incapacitated etc.)? This is a very good question and the answer basically is - not much is stopping them. That is why you should be very certain before you put someone in that very powerful position. An...

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  2. Can a will written in pencil be valid in California?

    Answered 8 months ago.

    1. Ethan F Miller-Bazemore
    1 lawyer answer

    See Probate Code Section 6111. Nothing is specifically stated about the need for it to be in pen. However, the court may scrutinize it more to see if anything was altered if it is in pencil. Lodge it immediately with the Court for safe keeping!

    4 lawyers agreed with this answer

  3. THE trustee of my grandmother's estate sold the only home I have ever known and lived in and now im homeless

    Answered 8 months ago.

    1. Ethan F Miller-Bazemore
    2. Ivette M Santaella
    3. Gary Roger Waitzman
    3 lawyer answers

    If you have no interest in the home under the terms of the Trust, then continue looking for a place to live. You may be successful in stalling the eviction process for a bit, but eventually you will be removed from the house as you are not the owner (and don't have a lease to live in it).

    4 lawyers agreed with this answer

  4. Trust/Probate attorney and administrator fees

    Answered 11 months ago.

    1. Christine James
    2. Peter S. Myers
    3. Michael Raymond Daymude
    4. Steven M Zelinger
    5. Ethan F Miller-Bazemore
    5 lawyer answers

    I will assume this is a trust administration (assets were properly funded into the trust) and not a probate (you are probably blending terminology together). The successor trustee, the CPA, is entitled to hire his own professionals to help. This fee is negotiated between the trustee and the attorney. With this large of an estate, you will want a very experienced (and probably expensive) attorney. Properly administering the trust is a necessity and any mistakes can cost the trust and...

    4 lawyers agreed with this answer

  5. In California - if a beneficiary of a trust lives out of the country and has not been able to effectively communicate

    Answered 6 months ago.

    1. Ivette M Santaella
    2. Ethan F Miller-Bazemore
    3. Rosemary Jane Meagher-Leonard
    4. Mitesh M. Bhakta
    4 lawyer answers

    In my opinion, a mere notarized letter stating such would not work - if I was the Trustee's Lawyer I would answer with the same response you got. I would suggest that your friend hire a attorney that is local to the site of the Trust Administration.

    3 lawyers agreed with this answer

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  6. Can't find the original trust documents, Trustor (my dad) died.There are 2 Trustees:my sister & stepsister. Dad died 12/05/13.

    Answered 8 months ago.

    1. Ethan F Miller-Bazemore
    2. Joel Steven Weissler
    3. Thomas Michael Fafinski
    4. Jason Samuel Sheinberg
    4 lawyer answers

    You will definitely need Court interaction in this matter. First of all, if it is never found and you have this blended of a family, the Court will have to make certain calls on how things go. With your basic facts there is no way I could give you more clear of a picture, other then you have a mess and will need to Petition the Court for instructions, etc. See an attorney!

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Does a live in girlfriend of 5 years have rights to my Dads things after he dies?

    Answered 9 months ago.

    1. Ethan F Miller-Bazemore
    2. Christine James
    3. Benjamin W. Scott
    4. Gregory Paul Benton
    5. Drew Norman Early
    5 lawyer answers

    You need to consult with an attorney as you have a few issues going on here. First, is the house just in your dad's name or also his sisters' names? If just in his name, you will need to petition the court to open a probate and be put in charge. Once that happens you will have options on giving her notice to quit the premises etc. Regarding personal property - anything she purchased is gonna be hers. Anything he purchased and didn't gift to her, is gonna be his estate's. Proof will...

    3 lawyers agreed with this answer

  8. My mom is currently 54, when she was 53, she qualified for Medi-cal. Is she exempt from Estate Recovery in CA?

    Answered over 1 year ago.

    1. Christine James
    2. Ethan F Miller-Bazemore
    3. Kelly Scott Davis
    3 lawyer answers

    No.

    3 lawyers agreed with this answer

  9. Assets that become trust assets.

    Answered 9 months ago.

    1. Ethan F Miller-Bazemore
    2. Steven M Zelinger
    3. Michael Leo Potter
    3 lawyer answers

    At moment of Mom's death the joint owner becomes the sole owner of the account by operation of law - factor that right out of her estate/trust. Re the car - the lease company will need to be contacted immediately and notified she has died. They are usually good about either working out a transfer of the lease or arranging for the end of the lease if the estate/trust is insolvent. Also, regarding the other creditors - I would immediately notify them of the death and the insolvency of the...

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  10. I am creating a revocable living trust.

    Answered 8 months ago.

    1. Lawrence A Ajalat
    2. Ethan F Miller-Bazemore
    3. Holly Nabiey
    3 lawyer answers

    I get this question a ton - and yes it depends on specific facts. However, often a settlor with a regular non-blended family, who wishes to distribute evenly to his kids, it is safe to leave them as beneficiaries. This will trigger a faster distribution to them upon your death. If the distribution pattern is not outright or not equal, I recommend funneling everything into the trust - thus having one big pot of gold to allocate to sub trusts for kids etc. Again, your question is broad and...

    2 lawyers agreed with this answer

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