John Dudley Laughton's Answers

I am administrating an insolvent estate. 6 lienholders, sale pending will not cover all. Title co. refuses to issue title ins.

This is a difficult situation, but not uncommon in our present economy. One unpalatable alternative is to resign as administrator and walk away. If you are a family member or are otherwise inclined to wade in and proceed, you will need to file an "ancillary probate" in the county in California where the real property is located. This will bring some order to the process. One advantage to you is that the court should award reasonable executor's fees to you and attorney's fees as a priority...

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In the next two weeks, should I get a Will or Living Trust done?

This is a very common situation. Generally, impending travel or hospitalization drives estate planning off the back burner for most people. In California, your choices include (1) a Will for each of you or (2) a revocable living trust. Other ancillary documents are recommended in both cases that I will discuss later. A Will is a document that is best prepared by an experienced attorney to assure its validity although it can be handwritten (a "holographic" Will). A simple Will identifies...

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My father pasts away 3/8/09 brother had POA and now successor trustee

In addition to the answers already posted, from the allegations that you raise, your brother may be held accountable for financial elder abuse. The courts and district attorney offices in most counties in California take these allegations very seriously. In addition to criminal penalties, your brother may be removed as trustee, required to account for your father's assets, and if funds were misused, he may be "surcharged" by the court, i.e., required to pay back any assets to which he was not...

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Trustee signature of a revocable trust property refinance.

As Mr. Printz noted, the lender often requires that the real property be transferred out of the trust and the promissory note and deed of trust (mortgage) be signed by the owner in his or her individual capacity. If the lender is willing to make the loan to the trust, as owner of the property, then the trustee signs only in his or her capacity as trustee and so notes that capacity on the security documents. He or she is not required to also sign as an individual. The lender will specify...

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Do the powers granted under the Uniform Statutory Form Power of Attorney (CA probate code sec 4401 Prob) end upon death?

The man who is the attorney-in-fact under the power of attorney has no power to act after death. The executor of the will is entrusted with all post death responsibilities. If the decedent also had an Advanced Health Care Directive, the agent under that document may have the power to direct funeral arrangements and such and avoid a probate or other "small estates" court procedures.

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How to get Letters Testamentary in CA appointing me as Executrix

This can be a frustrating and tedious process. In addition to everything else that has been said here, what is required by you is patience and a smile when you deal with the bank. Asking them specifically what they need is the clear first step. You do not need to file a probate. A small estates declaration (CA Probate Code section 13100) together with the original will and an original Certificate of Death is all that you should need. Many counties have legal aid societies such as Alliance...

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Small Estate only 401k, bank account, and life insurance, no Real Property, died Intestate in CA, minor involved

In addition to what has already been said in response to your questions, a probate will have the benefit of having the court supervise the outcome and require the minor's mother to cooperate. Any proceeds that go to the minor can be placed in a Uniform Transfer to Minors Act account until he is at least 18 and his mother does not have to be the custodian of that account. Many counties have self-help centers that can assist you, and in certain circumstances, the filing fees can be reduced or...

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We live in Ca. My mom died, my brother is executor of the trust.

The California Probate Code gives you the right to see a copy of the trust. Your brother, as successor trustee, is required to provide a notice to you within 30 days of the date of the death of your mother and a copy of the trust if you request it. His failure to properly perform his duties as trustee can lead to his removal by the court. Recent changes in California law regarding "no contest" clauses make if unlikely that you would be disinherited under the circumstances you describe....

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Liability for deceased spouse's office lease.

The prior answer was very thoughtful. The issue turns on whether the lease was community property or her separate property. If it is her separate property and was so identified in the trust and on the lease, you should have no personal liability. One option is to file a 17200 petition with the court to seek guidance and a declaration of the responsibility for the debt. Another more extreme alternative would be to probate her estate to have the landlord's claim adjudicated and possibly barred...

Can a beneficiary start living in the family home (in the trust) prior to desbursement.

Who is the successor trustee of your grandfather's trust? That person has (1) the duty to identify and protect the assets, (2) pay all liabilities including taxes, and (3) then distribute the remaining proceeds. He or she has the duty to act evenhandedly in the best interests of the trust and all of the beneficiaries. The 120 day waiting period arises under CA Probate Code section 16060 and following which requires notice to the beneficiaries and heirs, allows the beneficiaries to request a...