Eliz C A Johnson’s Answers

Eliz C A Johnson

Danville Estate Planning Attorney.

Contributor Level 17
  1. What are the pros and cons of putting the title of my car in a trust---or is that even necessary in California?

    Answered over 3 years ago.

    1. Eliz C A Johnson
    2. George Ellis Corson IV
    3. Francis N. Soave
    3 lawyer answers

    I don't generally advise CA clients to put a car in a Trust just because it is so easy to transfer title with DMV. Everything else should fund the Trust but, unless it is for creditor protection purposes, I don't see the need to title every car in the Trust. As you see here, opinions vary.

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  2. My parents are transferring their paid off house to me. What's the city tax amt that needs to be recorded on the quitclaim deed?

    Answered about 1 year ago.

    1. Pardis Patrick Ashouri
    2. Bruce Givner
    3. Eliz C A Johnson
    4. David Thomson Egli
    4 lawyer answers

    Often, this is NOT a good idea. BEFORE you do anything, as eager as you may be to have the property, you need to talk to an estate planning attorney first. You lose any step up in basis in the property for one thing and if they have owned this property a long time, that may be a significant loss to you. It can cost you a huge amount on capital gains taxes later. So, while there may be no property tax issues, there are other significant tax issues. You cannot undo this to fix them so be...

    2 lawyers agreed with this answer

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  3. My mother had a trust for nearly all of her estate and that has been transferred to the beneficiaries. One investment account

    Answered over 2 years ago.

    1. Joel Steven Weissler
    2. Eliz C A Johnson
    2 lawyer answers

    The attorney above gives solid advice. Depending on the size of the 'one asset', there may be an affidavit procedure available to you. It is unlikely there is no beneficiary listed on the asset. If there is a beneficiary listed, the asset goes by operation of law to that person[s], just like the rest. If it is a case where somehow there is no beneficiary or that person or persons predeceased, then depending on the amount of the account, you may be able to do a small estates proceeding by...

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  4. My brother and I inherited land in ND. Do we have to have an attorney to change the title? There is $15,000 rents due in Novem

    Answered over 2 years ago.

    1. Michael Leo Potter
    2. Eliz C A Johnson
    3. Steven J. Fromm
    4. Robert Pecco Baker
    4 lawyer answers

    Has there been a probate for Mom's estate? Either here or North Dakota? That is a pretty important fact. The Executor or Administrator would be charged with the tasks needed to clear this up. Mr. Fromm gives a typically brilliant insight as to the tax returns that may be needed. This needs an attorney to look it over. It may be able to be done within this tax year but see an attorney today.

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  5. LIVING TRUST

    Answered over 3 years ago.

    1. Eliz C A Johnson
    2. Kelly M. Shovelin
    2 lawyer answers

    Start with punctuation and a post not in all caps if you want help here. This is hard to follow for lack of punctuation. Are you saying there was Trust in place before his second marriage? Marriage does not revoke a Trust but a spouse may have a claim against the estate as an omitted spouse if there is not a prenup in place or another arrangement. The Trust is not "on a house" so maybe you mean the house was included in the Trust. If he added his wife's name on the deed, who owns it on...

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  6. Cps told me to get gardenship of my grandson i did got temp gardenship

    Answered over 3 years ago.

    1. Eliz C A Johnson
    2. Oliver Alexander Greenwood
    2 lawyer answers

    This is too important to try to do yourself, without an attorney. If you are serious about your Grandson, use the AVVO.com to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    2 lawyers agreed with this answer

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  7. Will I get in trouble if I don't pay the debt I have with a made up ssn?

    Answered over 1 year ago.

    1. Allan E Richardson
    2. Daniel Patrick Hanlon
    3. Eliz C A Johnson
    4. Judson Eric Crump
    5. Yolanda Navarrete
    6. ···
    6 lawyer answers

    It is called "fraud".

    4 lawyers agreed with this answer

  8. What can I do if attorney has not sent me my check?

    Answered over 1 year ago.

    1. Gregory Herman-Giddens
    2. James P. Frederick
    3. Christopher Quinn Wintter
    4. Eliz C A Johnson
    4 lawyer answers

    If it has been a long time, beyond reasonable, in California we would contact the State Bar Association. One call from them should get your check to you immediately.

    4 lawyers agreed with this answer

  9. I received a letter from a ACS saying they have sent a levey to my bank on behalf of IRS. this is taxes that my deceased husband

    Answered about 2 years ago.

    1. Jonathan Paul Decatorsmith
    2. Eliz C A Johnson
    3. Christopher Michael Larson
    3 lawyer answers

    It looks like you waited too long to deal with this based on the fact that there is now a levy and that means the clock is really ticking against you. Get on the phone today, set up a plan if you can and stick to it. Banks are obligated to honor levies under a prescribed set of circumstances so your time is short to do so. Best to you. The local bar association in your county in Oklahoma will have a referral for you and most attorneys do an initial consultation free.

    4 lawyers agreed with this answer

  10. Estate/tax question: how to buy other siblings out of a paid for house without creating a taxable event

    Answered about 2 years ago.

    1. Eric Jerome Gold
    2. E Dwight Taylor
    3. Michael A Kirtland
    4. Abraham Thomas Schwager
    5. Eliz C A Johnson
    6. ···
    6 lawyer answers

    Is Mother alive still or not? If not, there are issues of property tax assessment and in many but not all states, transfers from Mom to child are without reassessment BUT transfers from sibling to sibling would not qualify. There are many issues to sort out and as lame as it may seem to you to ask and be told to see an attorney, there is too much we don't know to give you useful advice. An attorney meeting with you would be able to ferret out all the details and work out a plan. It can be...

    4 lawyers agreed with this answer