Michael E Freedman’s Answers

Michael E Freedman

San Francisco Probate Attorney.

Contributor Level 5
  1. Hello. My sister and I are having trouble getting our inheritance from our brother who is the trustee, should we get a lawyer?

    Answered about 2 years ago.

    1. Paula Brown Sinclair
    2. Richard Melone Bryan
    3. Peter Walter Weston
    4. Michael E Freedman
    5. Matthew Thomas Majeski
    6. ···
    7 lawyer answers

    I recommend retaining an experienced probate specialist to handle this matter. A beneficiary may petition the court for an accounting, distribution, removal and surcharge, as well as many other remedies. Often, a court will award the successful beneficiary your attorney fees. Feel free to contact us for consultation.

    3 lawyers agreed with this answer

  2. How to fill out the caption of a complaint as a self-represented plaintiff who is a Trustee representing a Trust.

    Answered over 2 years ago.

    1. Michael E Freedman
    2. Frank Wei-Hong Chen
    2 lawyer answers

    A trust is not an entity. Only the trustee is the real party in interest for a trust. If this is your revocable trust, then you are genearlly treated the same as the owner of the property. If this is an irrevocable trust, you may have other obligations to the remainder beneficiaries. If you are litigating as trustee of your revocable trust, then proceed as trustee, who is an individual, not an entity. I do not see that a DBA is relevant for purposes of identifying the real party in...

    Selected as best answer

  3. Okay, this is what someones Will says, it's a bit lengthy for me to type but I need to so ....PLEASE give opinions....

    Answered over 2 years ago.

    1. John S. Rueppel
    2. Bruce Givner
    3. Michael E Freedman
    4. Joseph Jonathan Brophy
    4 lawyer answers

    The executor will need to file a Probate Code 11700 petition to determine which charities are to receive the 50% bequest.

    2 lawyers agreed with this answer

  4. So if theres an Administrator & an Executor of an Estate, does that mean there a will & then also not a will..?

    Answered over 2 years ago.

    1. John Bernard Palley
    2. Paula Brown Sinclair
    3. John S. Rueppel
    4. Michael E Freedman
    5. Amanda Louise Ebey
    6. ···
    6 lawyer answers

    An Administrator is a title that may be given to the Personal Representative of a Will in a situation where the appointed Executor of the Will is unable to serve as the Executor. Sometimes the Administrator title is with Will annexed.

    2 lawyers agreed with this answer

  5. What action should I take?

    Answered over 2 years ago.

    1. Michael E Freedman
    2. Rabeh M. A. Soofi
    3. Timothy Edward Kalamaros
    4. James P. Frederick
    4 lawyer answers

    My first impression of this issue is that one of the Trustees is self-dealing. If I understand you correctly, the trustee is occuying trust real property, and running a buiness. If the trustee is not paying market rent, he is self-dealing, can be removed and surcharged for the damages. If the two trustees are co-trustees, they must act unanimously. Where there is conflict between co-trustees, one must file a petition for instructions. A beneficiary could also petition for instructions and...

    2 lawyers agreed with this answer

  6. What is a constructive trust?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Brian Mitchell Mekdsy
    3. Michael E Freedman
    4. David L. Carrier
    4 lawyer answers

    A constructive trust is a legal remedy. It is not a kind trust that is created by a settlor. The court imposes a constructive trust on the assets of a liable person who is in possession of trust assets that have been wrongfully taken, such as financial elder abuse or undue influence.

  7. If a will shows that the testator had contrary intentions for the residuary & the beneficary died before all the schedules...

    Answered over 2 years ago.

    1. Mary Lynn Symons
    2. John S. Rueppel
    3. Michael E Freedman
    4. Amanda Louise Ebey
    4 lawyer answers

    First, with regard to unclaimed property, an Final Order Distributing a probate estate will ordinarly have an omnibus clause to distribute any estate assets that may later be discovered. The executor will comply with the Order if unclaimed property is discovered. If a beneficiary dies before the decedent, the issue is called lapse. California has an anti-lapse statute to determine distribution. The interpretation of a will, if an ambiguity must be resolved, must be determined by the court...

  8. The Bank of America(Executor) & the Public admin.did not notify heirs of their Uncles Will in probate in San Francisco

    Answered over 2 years ago.

    1. Bert Z. Tigerman
    2. Michael E Freedman
    2 lawyer answers

    I agree. Heirs at law must be notified of probate of a will. The probate court is without jurisdiction unless heirs at law are given notification of probate. However, the big question really is, are the heirs at law going to contest the will? Otherwise, notice can be cured and the court will have jurisdiction to proceed.

  9. Can foreclosed property be sold after owners death and before probate?

    Answered over 5 years ago.

    1. Michael E Freedman
    1 lawyer answer

    I'm in California, and so the law is different here than in your state. I had a recent probate with the same issues. After the foreclosure, the estate is entitled to the balance of proceeds from the foreclosure sale. If you have no such balance due from the sale, then I presume that it would not be economically worth while to pursue a survivor's action.

  10. Probate and Trust

    Answered about 6 years ago.

    1. Michael E Freedman
    1 lawyer answer

    Beneficiaires of trusts often have rights afforded to them under the Probate Code or laws of their state. (I am a California Attorney.) In California, a beneficiary has the right to an accounting, distribution, surcharge and removal of the trustee. The first place to start is by reviewing the terms of the trust to determine the identification of the beneficiaries, and the succession of trustees. Then, a letter to the current trustee requesting the distribution and accounting. You might...