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Edward Warren Goodson's Answers
- 42 Legal Answers
- 0 Legal Guides
3
Attorney answers:
I don't want to be Exectutor, How do I remove myself?
You aren't really the executor until a court appoints you. Your mother's Will gives you the right to serve as executor, but you don't have to do it. As to the process, please see http://trustandprobatelawgroup.com/Legal_Steps_When_a_Loved-On.php . Good Luck!
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3
Attorney answers:
Question re: debts of an elderly relative / power of attorney / “commingling of funds
Without seeing all the papers, I can't determine if your friend is legally responsible for the debt. I think, however, that she probably is. This may negatively impact your friend's credit rating, too. I am even more concerned that the bank may report this case to the authorities as suspected elder abuse -- and then your friend may really be in trouble. Your friend should promptly consult with an elder law attorney regarding these issues, and while she is there, she might also discuss Med-...
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4
Attorney answers:
Stock returns on average from 2006 to now
Since you asked this as an estate planning question, I will assume you are asking about a common situation that arises in estate and trust cases. My apologies if I have guessed incorrectly. If you are the beneficiary of a California trust or estate that has lost money since 2006 through bad or unfortunate investing, you have a potential claim against the fiduciary (trustee or executor). If no money was lost, but returns were very low, it is unlikely you have a claim. Let's assume that...
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2
Attorney answers:
Property dilemma
This is a very complex issue, but it sounds to me like the signed, hand-written note is the decedent's last will, or perhaps a codicil to the earlier will. I recommend that you consult with an attorney who is certified as a specialist in Estate Planning, Trust, and Probate Law by the State Bar of California and show the attorney the will and the note together.
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1
Attorney answers:
Can I get legal guardianship of my sibling under CA guardianship laws?
I will assume that your brother is a resident of California, so California's laws apply. If he resides elsewhere, you must look to the laws of that jurisdiction. Any person over the age of 18 may be appointed guardian of a minor, if the court feels that such appointment is "necessary and convenient." Probate Code section 1514. The court will primarily look to the best interests of the child. Note, however, that the law presumes that a permanent, safe, stable, and loving environment...
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3
Attorney answers:
My father passed away does my stepmother get every thing
I am assuming that your father was a California resident, because this answer could be different in another state. All of your father's community property probably goes to his wife. If he had any separate property, 1/3 would go to his wife and 2/3 would go to his children. It's not always easy to determine what was community and what was separate, so don't give her any sort of permission until you consult with an attorney. Many attorneys will give you a free consultation. Trust &...
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3
Attorney answers:
Do I need to get an attorney to get out of a trust?
I doubt that you have any obligation to contribute to the trust, and if you refuse to pay, I doubt that this will decrease your rights as a beneficiary. Have an attorney review the trust; you don't need to get out of the trust, you just need to learn about your rights as a beneficiary.
1 lawyer agreed with this answer
2
Attorney answers:
Deductibility Mortgage interest and property taxes.
Your question brings up larger issues. The property taxes and mortgage interest payments for the Bypass Trust generally should not be paid by the survivor, because this could lead, down the line, to an argument by the IRS that the Bypass Trust has either been commingled with the survivor's assets, or has been overfunded. I strongly recommend that you hire a tax-estate planning attorney or a CPA experienced in these issues to advise you.
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2
Attorney answers:
My mom passed away and left me a irrevocable trust , but I don't have any money and I need a little help ..if someone could tell
I agree with the previous attorney's answer. We practice in Alameda and Contra Costa Counties, and routinely give free consultations on such matters. Please feel free to call. 925-362-4230. Ed Goodson Certified Specialist in Estate Planning, Trust and Probate Law State Bar of California Board of Legal Specialization
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3
Attorney answers:
How should I word a letter to creditors following the death of my mother, who left no assets to pay them?
Mr. Fink's answer is correct: No estate, then no payments to creditors. I would add, however,that it is not to your advantage to give your name, phone number, or address to any of your mother's creditors, because the collection agencies will hound you just as if you were the debtor.
1 person marked this answer as helpful