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Holly Nabiey

Holly Nabiey’s Answers

31 total

  • How can I obtain a copy of my mom's living trust ? And can her property be sold without my knowledge if I'm an heir?

    I was seriously injured and in a coma for several weeks and hospitalized for months. During this time my mom died, and my brother and sister were taking care of her estate, When I was released they told me very little other than mom had a plan for...

    Holly’s Answer

    Probate Code Section 16061.7 requires that the trustee of a decedent's trust provide a copy of the trust to all legal heirs and beneficiaries within 60 days of the person's passing. If your mother's trust became irrevocable at her death (which it likely did) and if she was not married at the time of her death (which may cause the trust to still be revocable), then you are entitled to a specific notice under the law as well as a copy of the trust. Request a copy of the trust from the trustee in writing, as you are entitled to it.

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  • How do I give my oldest daughter guardianship or custody of my two younger children ?

    I want to give my oldest daughter temporary custody of my two younger children & I want to know if I can write out on line paper that I giving her temporary custody of them & have it notarized & switch their welfare & s.s.i over to her or if not w...

    Holly’s Answer

    If your oldest daughter is an adult (over the age of 18 years), she may petition the court for custody of the minor children. The court will have to appoint her as guardian and must find her to be fit for the role, despite your nomination of her as guardian. More information is needed as I am unsure what you are trying to accomplish through a temporary guardianship. If it is meant to be a very short period of time where you want her to be able to make decisions financially and medically for the children, then a short term power of attorney over minor children may be appropriate. However, I don't think that will be sufficient to have their government benefits transferred to her. For their government benefits to be transferred to your oldest daughter, she will likely have to be appointed as their formal guardian via the court. It can take at least several months for this to happen, assuming it will not be contested (i.e. by the children's father).

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  • Can i get a living trust that gives all my estate goes to a friend but such that his wife has no claim to any of it

    no details

    Holly’s Answer

    • Selected as best answer

    In California, assets received through an inheritance are considered that individual's sole and separate property. Gifting your estate to your friend via a living trust would mean that the assets your friend receives are separate from the spouse. If your friend does a good job of keeping the assets "separate" (i.e. in a separate bank account, not using the inherited money to buy a jointly titled home with his spouse), then your friend's spouse should have no claim to it in the event of a divorce.

    I would still consult with an attorney, however, because at your friend's death, if your friend does not have their own estate plan set up, the assets inherited from you (even if it is considered separate property), may pass at least in part to the spouse if she survives him

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  • My mother just passed away and left my sister and me two houses and money . How do we begin the acquisition of assets? It's splt

    Everything is split evenly

    Holly’s Answer

    I agree with the other attorneys that you first need to determine whether a trust existed or whether a probate would be required. If your mother did not have a trust, probate is required and it involves a court process. If she did have a trust, you should consult an attorney to begin the trust administration process. In any case, make sure that you thoroughly consult with an attorney regarding the distribution of property (specifically real property) to you and your sister, as there are major property tax consequences if the transfer of real property is not done in a specific manner and in such a way as to preserve the property tax rates under Proposition 13. An experienced estate planning attorney should be able to assist you with this.

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  • Wife has insurance settlement in Special Needs Trust that states specific items trustee may pay. Will husband lose his SSI

    Approved items all relate to wife's maintenance and well being.

    Holly’s Answer

    If the special needs trust was prepared for the sole benefit of Wife, and Husband is not named as a beneficiary, then husband should not lose his government benefits. In any case, I would have the document reviewed by an estate planning attorney who could confirm that there are no loopholes in the trust that could potentially jeopardize husband's benefits.

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  • I am creating a revocable living trust.

    I have an etrade account where i manage my company stock. Do I include that in the trust? Are there any cons to that? The trust is a simple trust to leave everything to the kids and is already done. Thank you.

    Holly’s Answer

    Most assets without beneficiary designations should be in trust -- this allows your family to avoid probate and a smooth administration of the estate at your passing or upon your incapacity. However, if you have a pour over will, even assets that are not in trust may still avoid probate at your passing so long as they are not under $150,000 in value in the aggregate. In my experience, e-trade accounts have not been possible to transfer into trust. If this is still the case, make sure you have a pour over will in place and keep a low enough balance in the e-trade account to assure that the pour-over will can be used to transfer that asset into your trust at your passing.

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  • My parents have both passed away. They had a trust. In the trust I am to get my home.

    The current trust has their name (trust) and my name as joint tenants. What do I need to do to get their names off

    Holly’s Answer

    Property is sometimes titled jointly between the trust and other individual owners, as in your case. The way you've described it, it seems that your parents' interest was in the trust. When a Trustor dies owning real property, an Affidavit of Death must be filed with the County Recorder's Office to remove the Trustors/Trustees from title and establish the successor Trustee as the new owner. From there, the successor Trustee could deed the property entirely to you.

    It's best to go through all of these steps even if you are the successor trustee and the beneficiary - title is cleaner this way.

    I advise you to consult with an estate planning attorney who could help you with the title transfer paperwork. More importantly, you should remember that the property taxes will be reassessed unless you file the property tax reassessment exclusion paperwork for transfers between parents and children (prop 58 form) - don't delay in finding an experienced attorney in your area to help you.

    Best of luck.

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  • What is a typical percentage that is paid to an Executor of a living trust?

    My mother died leaving approximately $25,000 in savings. I am the Executor of her estate and am still in the process of distributing her assets. Most of the bills are now paid, and I would like to know what is a fair and reasonable amount or per...

    Holly’s Answer

    The trust document typically dictates what an appropriate fee may be, and whether a fee is permissible at all. Most of the time, the trust document will state that the Trustee is entitled to "Reasonable compensation" which, in a simple trust administration, I would agree would be about 1% of the size of the trust estate that the Trustee is named to administer.

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  • My mother died and her revocable trust is now irrevocable. I'm successor trustee. Applying for EIN. Should I take 645 Election?

    The only property in the trust is an income producing house which I am going to sell ASAP. Everything else passes without probate through JTWRS. The total value of the estate is less than exemption amount so no Federal or State estate tax returns...

    Holly’s Answer

    • Selected as best answer

    A 645 election is usually a helpful tool in deferring the payment of income taxes. However, if your mother died recently and the asset received a step up in basis and you are selling it "ASAP", there should be little or no gain realized, which means little or no taxes will be owed, and I would think in such a case the 645 election would not make a difference. I'd consult with an estate planning attorney familiar with tax issues in your area.

    The name of the trust does not change now that your mother is deceased. If the words "living trust" are part of the name, those words will always be part of the trust name.

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  • I am creating a trust for myself and spouse. I would like to create a basic living trust to avoid probate for our house and what

    little assets we have to our two children. I have seen how people name their trusts after themselves, for instance John Doe will name his trust "The John Doe living trust dated xx/xx/xxxx". I would like some free anonymity in naming my trust, so ...

    Holly’s Answer

    I agree with the other attorneys that you may customize the name of your trust as you see fit, however, it's not always a good idea to get creative. Remember, the nice thing about a revocable trust is that life doesn't change very much after the trust is set up. You and your spouse can continue to deposit checks into your accounts, make withdrawals at ease, continue to use your social security numbers in connection with the bank accounts (as opposed to a tax ID number), etc.

    One of the downfalls of a creative trust name, however, is that you may face challenges with the banks and financial institutions when attempting to complete a simple task - such as cashing a check.
    I have had clients who initially set up their trust in their maiden name and haven't been able to cash checks made payable to them in their married names - because the trust title didn't match up.

    My strong recommendation is always to have the trust name reflect the identities of the clients. For those clients who are really opposed to it, another option is simply to ask the bank to not reflect the trust name on your checks - some banks will allow your individual names to appear on the checks, despite the account being a trust account.

    Best of luck either way.

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