Kevin L Von Tungeln's Answers

CA trust law, can a beneficary of a living trust who is on ssi decline their part of money or assign it to another

The beneficiary cannot "assign" it to another, but he or she can set up a Special Needs Trust. A Special Needs Trust (SNT) is specifically allowed under federal law. SNT's are designed to allow beneficiaries who are receiving public benefits receive their inheritances, and still remain eligible for public benefits. It is critical to find an estate planning attorney who is knowledgably about First Party Special Needs Trusts. SNT's are very technical, and they have important restrictions on...

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Executor/Trustee wants to resign, who takes over the responsibility?

In California, if the trust does not name a successor trustee, or all of the named succesor trustees decline to act, any interested person can file a petition with the court to be named the successor. You must read the trust to see what it says about successors. If both duaghters want to do it, they both have equal rights. Their ages do not matter as long as they are competent adults.

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Legal entitilement to deceased estate?

More information is needed to answer this question completely. The biggest question is whether the property in question is community property or separate property. In California, community property will pass outright to the surviving spouse, even without a Will. Separate property will pass either one half or two thirds to her children, depending on the number of children she has. If she had one child, it will pass one-half to that child. If she has two or more children, it will pass two-...

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I want to make some changes in my trust. Can I do this myself and initial the changes.

I have just completed two cases where the trustors did exactly what you propose - they made handwritten changes to their trusts and initialed them. Although handwritten changes may seem inexpensive initially, they can cause great uncertainty, which often leads to litigation. I would urge you to contact a qualified estate planning attorney in your area to make the changes. In the long run, that is probably the least expensive route.

Does a minor have a legal right to inheritance if the executor has decided to withhold until 18 or possibly 25?

Regardless of whether this was done with a will or a trust, in California, minors (through their legal guardians) have a right to see the will or trust. Demand that she give you a copy of the will or trust, and then see if the document allows for the withholding of money. Some discretionary trusts give the trustee great flexibility when and even if to make payments. But without the will or trust, there is no way to tell is she is violating her duties. Finally, she must be giving the minors...

Rights for kids

More information is also needed to answer this question completely. The biggest question is whether the property in question is community property or separate property. In California, community property will pass outright to the surviving spouse, even without a Will. Separate property will pass either one half or two thirds to his children, depending on the number of children he has. If he had one child, it will pass one-half to that child. If he has two or more children, it will pass two-...

PROBATE MANAGEMENT

You need to contact a California attorney who handles Probate Litigation. You need to move quickly, however, time is not on your side. Often times, just having an attorney write a letter to the executor’s attorney will change the executor’s behavior. Other times, your attorney may have to take legal action to remove the executor. There are not enough facts given in the question to give you an idea about your chances of success.

As a Step dad, what rights do i have to my step children, in case my wife dies?

In California, the biological father will have priority, but with the facts you describe, you would at least have a chance of becoming the childrens' guardian. At the very least, you need to have your wife nominate you as the kids guardian of the person and estate in a written document, and have the document notarized. Kevin L. Von Tungeln* Thompson Von Tungeln, A P.C. Attorney at Law 857 West Lancaster Boulevard Lancaster, CA 93534-2348 Telephone: (661) 945-5868 Telecopier: (661)...

How does Successor Trustee take over? California

Usually the trust will state how you assume the office of successor trustee. Often it requires one or more doctors to certify that your father cannot manage his financial affairs. Once that is done, you need to fill out a new Trustee's Certificate. This form is basically a declaration that your are the new trustee, the trust has not been revoked, etc. and it lists the powers the trust gives you. You can fill out your own form, or most banks, brokerages, etc. have their own form. They may...

Life insurance claim denied, TX bad faith insurance laws

You need to find a Texas attorney who handles Insurance Bad Faith. You need to act now, time is critical! Most of these attorneys will either talk to you over the phone, or see you for no charge. Again, I cannot stress how important that you act now and seek an attorney who handles Bad Faith Insurances cases.

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