Kendall A VanConas’s Answers

Kendall A VanConas

Oxnard Elder Law Attorney.

Contributor Level 8
  1. Can my brothers and I cash our checks from my grandfather's estate if we will later dispute the amount?

    Answered over 2 years ago.

    1. Kendall A VanConas
    2. Richard Alan Rodgers
    3. Steven M Zelinger
    4. Molly Cristin Hansen
    4 lawyer answers

    In order for a to properly carry out all his/her duties as trustee after death, there is a fairly long laundry list of things that need to be taken care of -- notice to certain people/entities, accountings and reports, inventorying of assets -- and many, many others. Beyond this, it goes without saying that a trustee must act within the confines of the trust document, which will set out the trustee fees to be paid, the beneficiaries under the Trust, and other powers and duties that the Trustee...

    5 lawyers agreed with this answer

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  2. I need to create a living trust but wondering if I can do it through legalzoom.com or if you do not recommend it.

    Answered over 1 year ago.

    1. Kendall A VanConas
    2. Craig Martin Scalise
    3. Joseph Franklin Pippen Jr.
    4. James P. Frederick
    4 lawyer answers

    Well, this may not be the most unbiased forum to pose this question. Although there are many things in the law that a layperson can handle, making a trust -- or doing any estate planning really -- is not one of them. Things that can seem unimportant can often have many layers of consequences, and only an experienced attorney can help you uncover those. If a full-blown trust isn't in the budget right now, I'd suggest doing a simpler plan. Make some wills and powers of attorney, so if...

    5 lawyers agreed with this answer

  3. I was a beneficiary in my grandmother's trust. I was not mailed any documents in a probate proceeding. Were my rights violated?

    Answered over 1 year ago.

    1. Kendall A VanConas
    2. Kelly Scott Davis
    3. Steven M Zelinger
    4. James P. Frederick
    4 lawyer answers

    If you are indeed named as a beneficiary in a Trust, the Trustee is required to give you notice of the trust administration -- advising you of their service as trustee, and where you can write to get a copy of the trust. If you weren't given that notice, no clock has started to run yet on your ability to make any claim against the Trust or the Trustee. If your grandmother didn't actually leave a Trust, your rights will differ.

    4 lawyers agreed with this answer

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  4. My Husband passed away, as his Wife do I have right to his personal belongings including his purchases before our marriage?

    Answered over 1 year ago.

    1. James Louie Cunningham Jr
    2. Kendall A VanConas
    3. Christine James
    4. Bernard Harley Greenberg
    5. James P. Frederick
    5 lawyer answers

    You didn't say whether or not your husband had any estate planning in place at the time of his death, or whether the two of you entered into any kind of pre-marital agreement. If neither of those things were in place, and he died as a resident of California, the distribution of his estate is governed by "default" probate laws of inheritance Assuming that all the items in storage were his before you married, as the surviving spouse, you should be entitled to 1/2 of the value of those items....

    3 lawyers agreed with this answer

  5. Can a trustee appoint a co-trustee even though the trust does not expressly authorize it?

    Answered over 1 year ago.

    1. Rachel Penn Patton
    2. Kendall A VanConas
    3. Erik Robert Hartstrom
    4. Steven M Zelinger
    4 lawyer answers

    The first place to look is the trust document itself . . . if the daughter is named as successor behind Mom, Mom can simply resign and it will put daughter in as trustee automatically. Presumably, Mom is also the sole beneficiary, and in that capacity, has the power to name whomever she wants as trustee. In either of those cases, it shouldn't require you to go to court, but you should get some legal assistance in putting the correct documents together.

    2 lawyers agreed with this answer

  6. Order of documents for probate attachments

    Answered over 1 year ago.

    1. Bert Z. Tigerman
    2. Kendall A VanConas
    3. Craig Martin Scalise
    3 lawyer answers

    The easiest thing to do is to attach them in the order they are listed in the petition form -- if items 3 and 8 each needs an attachment, make them attachment 3 and 8, and put them in that order. There is no special rule that applies there, and I think you just ran across a very particular clerk. Good Luck

    2 lawyers agreed with this answer

  7. Question Calif Probate Code 17200(7)(a)(b)

    Answered over 4 years ago.

    1. Kendall A VanConas
    2. Bert Z. Tigerman
    2 lawyer answers

    The 60 days runs from the date the beneficiary makes the request; in your case, it sounds like it began -- at the latest -- from the date the trustee acknowledged the request. If more than 60 days has elapsed with no accounting from the trustee, you can go ahead and file your petition.

    2 people marked this answer as helpful

  8. Is a truck considered 'personal property" or "real property"? and what about a checking account?

    Answered over 4 years ago.

    1. Kendall A VanConas
    2. Edward Warren Goodson
    3. Theodore W. Robinson
    3 lawyer answers

    You absolutely do not need to probate this estate, or file anything with the court. You can present the affidavit to both the bank and the DMV (in fact, the DMV has their own small affidavit form that you should use). The will does not need to be subjected to probate -- the filing fees alone are a few hundred dollars, and you can avoid it because of the small value of the estate.

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  9. Great Grandmothers will

    Answered almost 5 years ago.

    1. Bert Z. Tigerman
    2. Kendall A VanConas
    3. Janet Lee Brewer
    3 lawyer answers

    The best thing to do is for you to contact an attorney in the county where your grandmother died, and run your facts by him/her. The answer to your question depends upon a number of factors, all of which are going to be governed by the law in the state where she resided at her time of death. You can find a probate lawyer in that area by going to one of the following: naela.com (National Association of Elder Law Attorneys), lawyers.com (Martindale Hubbell searchable data base). Also, most...

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  10. What section of the CA Probate Code has the info for the "Waiver" of the Full Accting for a Trust? Need for our Beneficiaries.

    Answered almost 5 years ago.

    1. Kendall A VanConas
    1 lawyer answer

    Actually, what starts the statute of limitations running is the production of the account itself and the service of it on everyone. If all the beneficiaries are willing to waive the account altogether, the trustee is "in the clear" totally, and the beneficiaries are forever precluded from bringing any claims against him or her. No statute will be running against him, with rare exception. The waiver form is not set out anywhere in the Probate Code, it is a form you will have to draft...

    1 person marked this answer as helpful