Peter S. Myers’s Answers

Peter S. Myers

San Francisco Estate Planning Attorney.

Contributor Level 9
  1. In reference to a probate matter: My Aunt passed away and did not have a will, her estate is going through probate.

    Answered 11 months ago.

    1. Peter S. Myers
    2. Christopher B. Johnson
    3. Craig Martin Scalise
    4. Charles Adam Shultz
    5. John P Corrigan
    5 lawyer answers

    This is an all-too-familiar scenario. I concur that you will have a conflict of interest with your creditor's claim; however you can still ask to be appointed in your petition and use a third-party professional fiduciary as a fallback position. The current administrator can be removed for violating a number of fiduciary duties (preserve assets, make them productive for the estate, keep beneficiaries and creditors informed, etc.). His assignment to the inheritance loan company is probative of...

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  2. MOM WILL STATES WE DIVIDE TANGIBLE PERSONAL PROPERTY 8 ways? Not real state?

    Answered 10 months ago.

    1. Christine James
    2. Peter S. Myers
    3. John Bernard Palley
    4. James P. Frederick
    5. Charles Adam Shultz
    5 lawyer answers

    1. In what state did your mother reside at your death? 2. What do you mean "has responsibility of"? That phrase is ambiguous. 3. Is there a trust? 4. At the time your mother prepared her last testamentary instrument, did your oldest brother have control over her affairs? Was he agent under power of attorney? Again, there are not enough facts to answer the question, and insufficient detail in the facts provided to give any guidance.

    8 lawyers agreed with this answer

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  3. Is It Permissible To Write A Letter To A Probate Judge In California?

    Answered 11 months ago.

    1. John Bernard Palley
    2. Charles Adam Shultz
    3. Peter S. Myers
    4. Christine James
    5. Gregory Paul Benton
    6. ···
    6 lawyer answers

    Judges often get letters from various people complaining about lawyers. They have heard it all. But they will not act sua sponte (on their own, without some sort of petition or motion). The previous response is probably your best course. Find a competent lawyer in the county where this is taking place and have them review the file. You can, depending upon what they learn, terminate your existing lawyer and retain the new one. The lawyers will then have to divide the statutory fee based on...

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  4. Husband passed away took my name off life insurance anything I can do to receive this to take care of my son's??

    Answered 11 months ago.

    1. Peter S. Myers
    2. Charles Adam Shultz
    3. Christine James
    4. Christian K. Lassen II
    4 lawyer answers

    1. When did he "take [your] name off the policy? Prior to marriage? After marriage? 2. Do you have a prenuptial or post-nuptial agreement? 3. How were premiums on the policy paid? (From what source)? 4. Were you separated when he died? 5. Is the beneficiary son your child? Is he over 18? After we get these questions answered, we can begin to provide some guidance.

    6 lawyers agreed with this answer

  5. What's the statutory presumption required by Ca. Probate Code §15642 disqualified person really mean? ONLY can be removed?

    Answered 11 months ago.

    1. Peter S. Myers
    2. Gregory Paul Benton
    3. Charles Adam Shultz
    4. Christine James
    5. Joseph Michael Pankowski Jr
    6. ···
    6 lawyer answers

    You appear to have done some research into the law, but it is a little less black and white than you describe. An attorney who drafts the trust instrument for a client generally is disqualified from serving as the sole trustee of the trust, as is any partner, shareholder, or employee of a law firm in which the drafter has an ownership interest, because the attorney is a disqualified person. Prob C §§15642(b)(6), 21350(a)(1), (3), 21380(a)(1), (6). Note however, that the drafter of a will...

    6 lawyers agreed with this answer

  6. Deed not properly distributed during probate 5 years ago

    Answered 11 months ago.

    1. Peter S. Myers
    2. Christine James
    3. Gregory Paul Benton
    4. Charles Adam Shultz
    5. James P. Frederick
    5 lawyer answers

    If the name was changed in violation of a Court Order (for example a Probate Order on Final Distribution), then you would have a claim, probably for fraud. The statute of limitations issue ("is it too late?") depends upon when you discovered the fraud. There is what is called "equitable tolling" (a suspension of time) for the period of time the fraud was unknown or concealed to the victims.

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  7. Trust/Probate attorney and administrator fees

    Answered 5 months ago.

    1. Christine James
    2. Peter S. Myers
    3. Michael Raymond Daymude
    4. Steven M Zelinger
    5. Ethan F Miller-Bazemore
    5 lawyer answers

    I doubt this is a probate if competent professionals are involved and it is that large an estate. It is likely a revocable living trust. In that instance, the terms of the trust need to be reviewed. The trust language will often, but not always, describe the compensation to which the trustee is entitled. It is less likely to describe the attorney compensation. If the trust is silent on compensation, then the trustee is entitled to "reasonable compensation.". To determine what this is,...

    5 lawyers agreed with this answer

  8. What is the best way to remove working contractor from fathers premises after fathers passing?

    Answered 10 months ago.

    1. Charles Adam Shultz
    2. Peter S. Myers
    3. Celia R Reed
    4. Gregory Paul Benton
    4 lawyer answers

    I am having trouble answering your question, because it appears you have not focused your objectives in the matter. Do you want the contractor to leave, or do you want the work completed? Obviously, if the executor or trustee (whether will or trust) fires the contractor, he will have a basis to claim he could not finish the work. The attorney you consult should know both probate law and a little about construction law. The termination of the contractor without payment will trigger a...

    5 lawyers agreed with this answer

  9. Can My Probate Attorney Quit Without Providing 30-Days Notice?

    Answered 11 months ago.

    1. Peter S. Myers
    2. Gregory Paul Benton
    3. Charles Adam Shultz
    4. Christine James
    5. Kelly Scott Davis
    5 lawyer answers

    This sounds familiar . . . perhaps the same poster. Regardless, the rules of professional conduct require an attorney not abandon a client. But if they are not a specialist in estate planning and probate law, they are probably quite frustrated with the difference in procedure relative to, for example, p.i. law. Many lawyers of other specialty areas think that probate is a bunch of judicial council forms and not very specialized. So it appears, from here, that it dawned on him it probably was...

    5 lawyers agreed with this answer

  10. Are joint living trusts legal in California?

    Answered 12 months ago.

    1. Charles Adam Shultz
    2. Michael Raymond Daymude
    3. Peter S. Myers
    4. Joan Alison Watters
    4 lawyer answers

    Because every situation is different (where did the house come from, is it separate property or community property, are there other children of either grandparent, what are their wishes, what other assets are there for other children, are other assets set aside for their care-giving if required by health reasons, etc.) and because you cannot put every variable that a competent lawyer would find relevant into a short hypothetical, its always best to meet with an estate planning specialist to...

    5 lawyers agreed with this answer

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