Eliz C A Johnson’s Answers

Eliz C A Johnson

Danville Estate Planning Attorney.

Contributor Level 17
  1. As Successor Trustee, Do's and Don'ts re opening a checking account

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Michael Robert Weinstein
    3. G Logan Elliott
    3 lawyer answers

    You are not the owner of the account. The Trust is so you will have an account that lists your name as Trustee for the XYZ Trust. All income and expenses then run through this account and disbursements as set out in the Trust are made from this point. Do not put it in your name only or you will face serious obstacles and potential claims of mismanagement. Checks will not be made payable to you, but to the trust. It might help you to talk to a probate attorney in Alameda County. I am...

    3 lawyers agreed with this answer

  2. Who is responsible for medical bills of a deceased person?

    Answered almost 3 years ago.

    1. Eliz C A Johnson
    2. Matthew Thomas Staab
    3. Frank James Danzo III
    4. David L. Carrier
    4 lawyer answers

    You are not generally responsible to pay your parent's medical bills UNLESS you agreed to do so and it does not sound as if that is the case since you are out of state and not likely to have signed her into the facilities billing her. If there is no probate and no assets from which to pay the bills, notify the creditors of those facts and they will usually stop. Often, they still send bills for months. I would mark them "Deceased, return to sender". This is intended to be general guidance...

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  3. If a trial date has been extended, could we now file for summary judgement as long as this is done 30 days before the trial date

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Frank Wei-Hong Chen
    3. Robert Harlan Stempler
    4. Catherine Elizabeth Bennett
    4 lawyer answers

    CCP 437c sets out the timing and other requirements of a summary judgment motion. You do not have enough time for a summary judgment. I can tell you having done about 65 that they are a HUGE amount of work and if there is any disputed fact, they are not granted. They seem to me to be an excellent source of revenue for the insurance defense firms more than anything else.

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  4. Collecting judgement while a case is pending...

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Pamela Koslyn
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Well, YOU don't enter Judgment, the Court does. You may have a default judgment but it is not going to be effective. You will typically have a prove up hearing for damages. Assume you get all that, you are going after what is advertised as a defunct bankrupt corporate shell. Whether you can get personal liability against two individuals of the corporation, piercing the corporate veil perhaps, remains to be seen. You should have help doing this or you will end up with two expensive...

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  5. How do I find out who the Trustee is in Calif. for an irrevocable trust if the attorney continues to refuse to tell me?

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Michael Robert Weinstein
    2 lawyer answers

    I responded to your other listing. I will call you on Tuesday or you can call me.

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  6. Specific Power of Attorney when two states are involved - which state form to use?

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Steven M Zelinger
    2 lawyer answers

    States generally honor an out of state POA. If you will use a California one, the requirements in California are: 4121. A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal's name by another adult in the principal's presence and at the principal's direction. (c) The power of attorney is either (1)...

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  7. What's the best way to avoid Cap Gains tax? We are selling rental house in Sn Diego to buy a rental house in Temecula California

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Steven J. Fromm
    2 lawyer answers

    Many military families buy a home knowing they'll have to sell it in their next PCS move, so it pays to know about capital gains tax. If you make a profit in the sale of your home, you can generally avoid paying capital gains taxes on up to $250,000 of that profit, or $500,000 if married filing jointly, every two years. June Walbert, a Certified Financial Planner practitioner with USAA, says you can take this exemption an unlimited number of times, as long as you: ** Owned the home for...

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  8. To cure late rent payments, would a change to a month to month lease or renewal of one year lease be the best plan?

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Absolutely, it is apples and oranges. Whether you decide to change the rental periods in the future is unrelated to his being a chronic late payer. If he does not pay you on time, you either accept it [maybe the rental market is tough and there are not a lot of potential renters] or you do something about it. If you are to do something about it, each time he is late, past the time permitted in the lease, serve the 3 day notice and then follow through. Use the AVVO.com web site to...

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  9. I first established the Revocable Living Trust (through LegalZoom.com), it had the original date the trust was begun: 1/1/2008

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Janet Lee Brewer
    3. Steven J. Fromm
    4. Justin Jay Watling
    4 lawyer answers

    The online form sellers provide an inflexible program incapable of understanding the nuances of the Trust. You probably thought you were being smart with money but doing it yourself but what I have seen from these, after the fact, is that when you don't understand what you are doing, you will do it wrong. LegalZoom will not answer you and they are not in the business of giving legal advice, just selling their software program and forms. Without see the forms, none of here can give you...

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  10. Re: Living Trust

    Answered about 3 years ago.

    1. Eliz C A Johnson
    2. Michael John Harrington
    3. Thomas Edward Rossmeissl
    4 lawyer answers

    I think your terms of beneficiary and trustee are confused. If Wells Fargo is a Trustee and you are a Beneficiary, yes, they should provide you a copy. Indeed, you should have been provided a copy with the Trust became irrevocable, usually when Grandfather died. The bank may just hold the accounts for the Trustee and as such, they have no duty to provide you documents. You are not the Trustee and there are privacy issues. You say there are multiple Trustees and then say if one dies it goes...

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