Dwight Edward Tompkinsā€™s Answers

Dwight Edward Tompkins

Orange Estate Planning Attorney.

Contributor Level 11
  1. Can the successor trustee also be a beneficiary to the trust?

    Answered 9 months ago.

    1. Ronald A. Cabanayan
    2. Anna Catherine Savino
    3. Caitlin Elizabeth Ross
    4. Dwight Edward Tompkins
    4 lawyer answers

    Yes, and in many family trusts, this is very common. Every situation is different of course, and it may be advantageous to have a successor trustee who is not one of the beneficiaries; but there is no legal prohibition to having one of the beneficiaries serve as the successor trustee.

  2. Estate Law. In California, how many witnesses are required to validate a Testators signature on a will ?

    Answered 9 months ago.

    1. Kelvin P. Green
    2. Christine James
    3. Caitlin Elizabeth Ross
    4. Dwight Edward Tompkins
    4 lawyer answers

    Two witnesses present together with the testator at the time of the signing, and the signing of the witnesses.

  3. Educational Trust fund interest is being with held by the executor

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    2. Robert Jan Suhajda
    3. Shirley Ongee Tam
    3 lawyer answers

    Trustees in California must provide an annual accounting to the beneficiaries of the trust. California Probate Code Section 16062. There are exceptions to this general rule, for example, if the trust instrument itself waives the duty to account. However, it sounds like there is a duty to account because your mother has provided a financial report in the past at tax time. The law does not require the annual accounting to be presented on any certain date, only that it be provided "...

  4. My father died and he left a will for me and my brother in grandmas safe . My grandma hates me so she is saying it dont exist

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    2. Daniel Kenneth Printz
    3. Jonathan Scott Connor
    3 lawyer answers

    You should contact a probate attorney in your area immediately. Attorney fees for probate are paid from the estate. The best strategy is probably to file an intestate succession petition, and request the court appoint you the administrator. If you and your brother are the only children and there is no surviving wife, then you and your brother are the equal heirs to your dad's estate. Therefore, you may not need the will. Also if you believe that an attorney assisted your father in...

  5. My father passed away last September and I am trustee of his estate which includes only his home - no other assets. I am also

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    The first place to look is in the trust document itself, in the sections dealing with the trustee. There may be a provision for compensation of the trustee. It may be stated as a percentage, or it may say that the trustee is entitled to "reasonable compensation". In California, reasonable compensation ranges from about 1% to 2.5% annually. If the trust is silent, you are entitled to "reasonable compensation" (California Probate Code Sec. 15681) You are also entitled to...

  6. My mother has Alsheimers and we moved her from SC to GA a month ago into an assisted living facility

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    2. Stephen Fulton Shaw
    2 lawyer answers

    Based on your description, the man probably has no legal rights to the furniture. The power of attorney can be very helpful depending on the provisions in it. If the furniture is in his possession on his property (owned or rented), this will be tricky. If so, and he refuses to turn over the furniture to you, even with a power of attorney, the police may not help you. They may require you to obtain a court order. The cost of going to court may be more expensive than what the furniture is...

    1 lawyer agreed with this answer

  7. Do you have to use the death date of the grantor of a revocable trust as the step up basis for capital gains?

    Answered almost 4 years ago.

    1. Charles Edward Mcwilliams Jr.
    2. Dwight Edward Tompkins
    3. Steven J. Fromm
    3 lawyer answers

    Your father received your mothers step up on her death 12 years ago, and in 2009, when your father passed away the property tax basis stepped up to to the fair market value of the asset at his date of death. You could elect to use the fair market value for a date within 6 months after your father's date of death, but most estates use the date of death for the step up in basis date. I'm not sure why the attorney decided to handle the transaction in that manner. It may have been more...

    2 people marked this answer as helpful

  8. I'm looking for an attorney who specializes in wills and estates and disputes regarding those in Yolo County, CA

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    In addition to a search of this site, you should call or google the Yolo County Bar Association and ask for the referral service to locate a qualified attorney in Yolo County. Good luck.

    1 person marked this answer as helpful

  9. Transfer of a tenancy in common after death

    Answered almost 4 years ago.

    1. Steven J. Fromm
    2. Clifford L. Tuttle Jr.
    3. Dwight Edward Tompkins
    3 lawyer answers

    The portion of your mother's interest in the property is an asset of her probate estate. The will should be filed with the court in the probate proceeding of your mother's estate. The court will ultimately order a distribution of the estate according to the will, and this usually occurs at the end of the probate case. Assuming there are no other heirs or beneficiaries, the court's order transferring your mother's ownership to you and your brother will be recorded like a deed; and you will...

    1 person marked this answer as helpful

  10. How do I evict a family member from my home? I am elderly the person is my 50 year old son. He pays no rent and is verbally

    Answered almost 4 years ago.

    1. Steven J. Fromm
    2. Dwight Edward Tompkins
    3. Alexandria Broughton Skinner
    3 lawyer answers

    I don't usually answer questions, just to agree with the attorney who has already answered the question. But Attorney Steve Fromm's answer is right on. You are in probable danger. His advice is correct and you should obtain North Carolina counsel right away to protect yourself.

    1 person marked this answer as helpful