Dwight Edward Tompkinsā€™s Answers

Dwight Edward Tompkins

Orange Estate Planning Attorney.

Contributor Level 11
  1. Will estate need to pay creditors listed on will?

    Answered about 2 years ago.

    1. Dwight Edward Tompkins
    2. Janet Lee Brewer
    3. Steve S Baghoomian
    4. Steven J. Fromm
    4 lawyer answers

    Usually creditors are not listed in the will. If this is a California probate, and the claims period has not expired, a creditor may make a claim in the probate case, whether or not the claim is "listed" in the will. The executor may either accept or reject the claim. The court will ultimately decide on the claim.

    2 lawyers agreed with this answer

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  2. Dad bought house in Riverside, CA. Wants to add me & wife to title as Joint Tenants for estate planning purposes. What effect?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    2. Roy Wayne Litherland
    2 lawyer answers

    A living trust is a much better way to pass on property to loved ones, because it is a true estate plan. Joint tenancy with right of survivorship is a way to hold title which has a successorship built into it; and that's why some people try to use it. You obviously have discovered the gift tax problem. I won't go into all of the other problems of joint tenancy, but I will highlight just a couple of them. One of the main problems is that it fails to provide for contingent beneficiaries....

    2 lawyers agreed with this answer

  3. How can we find out whether we are beneficiaries in a Trust ?

    Answered about 2 years ago.

    1. Robin Mashal
    2. Jennifer Suzanne Rouse
    3. Dwight Edward Tompkins
    3 lawyer answers

    I agree with the previous answers. Even if the trustee, for some reason, refuses to give you a copy of the trust document; you may want to ask other members in the family if they have a copy of the trust. You have to be careful, because they may not have an up to date version of the trust, but it would give you something for your attorney to review and follow up on.

    1 lawyer agreed with this answer

  4. A few assets not in trust

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    2. Rosemary Jane Meagher-Leonard
    2 lawyer answers

    If those bank accounts total less than $100,000, then you will not need to open a probate to settle those accounts. California has a small estate administration procedure which will allow you to settle those accounts. You will need a certified copy of his death certificate, and you will need to execute an affidavit under California Probate Code Sec. 13100 with the death certificate attached to it. The affidavit must be notarized; and you cannot present the affidavit to the bank until 40...

    1 lawyer agreed with this answer

  5. What to do when you find out your sister has illegally claimed to be the sole heir of your deceased mother

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Dwight Edward Tompkins
    2 lawyer answers

    Your question was posted in Orange, California; but your question ends with you stating that you live in North Carolina. You need to bring a challenge in the same Probate Court where your sister opened the case; bringing a case to remove her as executor, including a demand for an accounting, and asking the court to re-open the Probate so that all of the heirs are included and notified. It is unclear to me in the facts as presented where the Probate case took place. You should obtain legal...

    1 lawyer agreed with this answer

  6. When funding a living trust in FL, is it better to use quitclaim or warranty deed?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    2. Joseph Franklin Pippen Jr.
    3. Mohammad Ahmed Faruqui
    4. Robert L. Brenna Jr.
    4 lawyer answers

    Both deeds will fund the trust, but a Warranty Deed will make the chain of title stronger, which may be helpful in a later sale. The grantee of trust funding deed is the trust, but it is a general rule that the title also identify the trustee as well, and the date of the trust. For example, Joe Smith, trustee of the Smith Family Trust dated January 1, 2011. When the beneficiaries receive any money or assets depends on how the trust is written. Typically, the ultimate beneficiaries do not...

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  7. Do I have to list a joint account in an inventory and appraisal for probate?

    Answered almost 2 years ago.

    1. Thomas Edward Rossmeissl
    2. Steven J. Fromm
    3. Dwight Edward Tompkins
    3 lawyer answers

    If this is a joint tenancy with right of survivorship account, it should not be included in the inventory of the probate estate as a general rule. If the account is set up differently, as a tenancy in common, for example, or you are merely a power of attorney on the account, then the account (or some part of it) will be considered part of the probate estate in California.

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  8. How can we protect ourselves from any unauthorized changes of a living trust?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    2. Roy Wayne Litherland
    2 lawyer answers

    One of the reasons to have a living trust prepared by an attorney, is that the attorney will know you, have notes in his or her file as to your specific wishes and concerns, and he or she will have a copy of the trust in the file. The attorney then becomes a potential witness in court to authenticate the correct trust. Clients may also have the attorney keep the original of the trust in his or her custody if there is a concern about someone in the family tampering with the original trust....

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  9. My mother just died and only had a $2,000 life policy with no will. I will become the personal rep because there is just my

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    2. Christine Coffman Karr
    3. Steven J. Fromm
    3 lawyer answers

    In addition to asking the insurance company about the beneficiary, you may also ask the funeral home to inquire for you as it seems the insurance company responded to them before. Also ask to make sure that a beneficiary was named. Sometimes people fail to name a beneficiary.

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  10. Can you create a revocable living trust and fund it later?

    Answered about 1 month ago.

    1. Ronald A. Cabanayan
    2. Caitlin Elizabeth Ross
    3. Dwight Edward Tompkins
    3 lawyer answers

    The trust should be funded with at least one asset or with money for the trust to become immediately effective. Generally, further funding of the trust then can take place at anytime by the settlor (trustor) of the trust. The trust declaration or trust agreement should include a section that allows for additions to the trust estate in the future.