Eliz C A Johnson’s Answers

Eliz C A Johnson

Danville Estate Planning Attorney.

Contributor Level 17
  1. How long does an attorney have to keep original documents (such as estate planning or corporate documents)?

    Answered over 1 year ago.

    1. Eliz C A Johnson
    2. Michael Leo Potter
    3. James P. Frederick
    3 lawyer answers

    Here, in California, like many jurisdictions there is no clear number of years. The State Bar is not even that much help in guiding. It was once thought 5 years was sufficient for some documents but estate planning originals will have to be kept until they are needed. The Rules of Professional Conduct and State Bar Act do not specifically direct how long an attorney should keep a client's files. But rule 4-100(B)(3) requires records regarding entrusted client property and funds to be...

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  2. What taxes are paid on employment lawsuit settlement for individuals?

    Answered 9 months ago.

    1. Phillip Monroe Smith
    2. Eliz C A Johnson
    3. Gregory M. McCauley
    3 lawyer answers

    Mr. Smith nails it. What you are collecting is a substitution for wages you were due. If you plead personal physical injuries as a consequence, and they should have been pleaded up front if they existed and were serious enough, then there is an allocation perhaps between taxable and tax free recovery. This is a big deal and something you need to review with your attorney. Emotional distress is taxable generally. Your facts do not give enough for a more precise answer but the bottom line is...

    8 lawyers agreed with this answer

  3. Can I purchase my mother's home, now that she is deceased and not have it fall under the banks arms length policy?

    Answered over 1 year ago.

    1. Edward Warren Goodson
    2. Eliz C A Johnson
    3. Jugjit Singh Johal
    4. Evan A Nielsen
    4 lawyer answers

    Irrespective of what happened before you mother died, because she died owning the property still, you are going to have to file for Probate to get the authority to handle the property. Do it today because the longer they go without payment, the more likely you will lose the property in foreclosure. Once a probate is opened, banks are more likely to wait or talk to you. Get a referral to an attorney in your county today. Often, an attorney will do an initial consultation free.

    7 lawyers agreed with this answer

  4. What is the risk of funding a living trust with real estate using an assignment, rather than a changing title via a deed?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Eliz C A Johnson
    3. Randall F Kaiden
    4. Justin Albert Shiau
    5. Charles Lawrence Huddleston III
    5 lawyer answers

    The Successor Trustee acts as the owner during the time the Trust administration is happening. If it takes a year or more, then that is what it takes. S/He is responsible to preserve the asset and take steps to sell it or whatever you decide. The Affidavit of Successor Trustee needs to be done so that the Successor Trustee has the authority to sell it later. Title is then in X as Successor Trustee of the Z Trust. As such, there is nothing YOU own; what you have is an expectation of a...

    7 lawyers agreed with this answer

  5. My parent has had a stroke. She has no real assets..a stock worth about $10,000. She has no will and will not make any

    Answered over 1 year ago.

    1. Eliz C A Johnson
    2. Maxine Devillefranche
    3. Lawrence A Friedman
    4. Daniel Mcgraw Little
    5. Joel Steven Weissler
    5 lawyer answers

    I am sorry to hear this. It is a hard position to be in and stressful on top. Your parent may qualify for MediCal or other assistance. You need to see an Elder Law specialist in the Diamond Bar area. The Los Angeles County Bar Association will be able to refer you to one; many offer a free initial consultation.

    6 lawyers agreed with this answer

  6. I used my fathers income to purchase a home so he would be more comfortable in his later years.

    Answered over 1 year ago.

    1. Edward Zaryl Kotkin
    2. Eliz C A Johnson
    3. John Noah Kitta
    4. Kevin Arnold Spainhour
    4 lawyer answers

    There is not a lot to add to the excellent answer above. If title is in his name, no, you cannot sell it because you do not own it. If your name is not on the deed and he agrees it should be, you need to change that while he is able to do so. An alternative is to have him sign a document setting out your financial rights if any to the property. I too do not see what the rental home of yours has to do with this. What I do know is you need to see an attorney now to resolve these issues...

    6 lawyers agreed with this answer

  7. I'd like to set up a special needs trust for an SSI recipient in CA and grant him a life estate. What's the first step?

    Answered over 1 year ago.

    1. Eliz C A Johnson
    2. Brian Coleman Kelly
    3. Matthew Thomas Majeski
    3 lawyer answers

    I am a California attorney near you. The first step is to contact an attorney like me who does special needs trusts. The rules are fairly precise as to what you can or cannot do and the cost of doing it wrong is high. Contact me or an attorney in San Mateo soon.

    5 lawyers agreed with this answer

  8. Should I meet with an IRS Criminal Investigator without an attorney if they have already confiscated all money from my biz act

    Answered over 1 year ago.

    1. Phillip Monroe Smith
    2. Robert Kenneth Morrow
    3. Raphael Samuel Moore
    4. Michael Raymond Daymude
    5. Eliz C A Johnson
    6. ···
    6 lawyer answers

    It would be reckless to not meet with counsel before you go to this meeting. Counsel would be reckless in letting you go. Of course they don't want you to have an attorney because they hope you will blunder and give them enough to then send it to the DA for a conviction.

    5 lawyers agreed with this answer

  9. My mother died intestate and owned land in Oregon valued at about $120,000. Could it be handled as a simplified small estate?

    Answered over 1 year ago.

    1. Eliz C A Johnson
    2. Michael Charles Doland
    3. James P. Frederick
    3 lawyer answers

    I answered your re-post. Time is ticking; get a referral today or you will be stuck with the result.

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  10. Do the other siblings have a claim if one child inherits everything?

    Answered over 2 years ago.

    1. Eliz C A Johnson
    2. Michael Robert Weinstein
    3. Steven M Zelinger
    3 lawyer answers

    Your Mother if competent when she made the arrangement is free to do what she wants with her estate. Your Brother who is happy to sit on the side lines and let his brother do all the ugly work and then sweep in a claim is "fair share" will lose unless he can prove undue influence or fraud. You should raise this with your Mom now so she can take steps to preserve her capacity and her wishes. She can say "in return for caring for us" I leave everything to Z. It is my wish that X and Y do not...

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