Aida Milagros Del Valle’s Answers

Aida Milagros Del Valle

San Rafael Estate Planning Attorney.

Contributor Level 8
  1. In reference to a Probate Estate Case: Creditor Claim Approval/ Rejections in California

    Answered about 2 years ago.

    1. Aida Milagros Del Valle
    2. Michael Raymond Daymude
    3. Thomas Edward Rossmeissl
    3 lawyer answers

    Have you tried contacting the adminitrator and the attorney? Under Probate Code 9250, the adminitrator should allow or reject the claim in writing. Also depending on local rules in the county of administration, the allowance or rejection may also need to be filed with the court, though usually that is only a requirement if it is a claim by the admnistrator or attorney. If the administrator is acting under the Indepndent Administration of Estates Act, this may also mean that there's no...

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  2. What are estate tax and gift tax consequences of a parent givting assets in an irrevocable trust befor the parent dies.

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Aida Milagros Del Valle
    3. Steven J. Fromm
    3 lawyer answers

    The great benefit for the parent is that it removes the assets put into the trust from his or her own estate for purposes of estate tax. That is why so many people with estates liable for estate taxes will gift those assets to loved ones, instead of having to pay the estate taxes.

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  3. Inherited property that the estate admin sold & I have never received any money from them @all.

    Answered about 2 years ago.

    1. Aida Milagros Del Valle
    2. Michael Raymond Daymude
    3. James P. Frederick
    3 lawyer answers

    You need to supply more facts for any one here to help you. Was there a formal administration? Was there a will? Did you receive the required notices? Was it real estate? Liquid assets? It could be that if the assets were liquid, they were all spent on attorney, excecutor, and court admnistration fees during the administration of the estate, but in that case an accounting should have been filed with the court, unless the will waived it. If the estate went through administration in the...

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  4. We live in California but plan to move to Texas in Feb 2013. Can we have a TX trust now or do we need to move to Texas first ?

    Answered about 2 years ago.

    1. William Martin Burbank
    2. Aida Milagros Del Valle
    3. John Noah Kitta
    3 lawyer answers

    I would have the trust drawn up in the state which will be your primary residence: where your kids will be going to school, where you will be voting, etc. If the primary residence will be in Texas, the California property can potentially be put in your Texas trust once it's drafted by a California attorney who will draw up a deed and preliminary change of ownership report stating that you as trustees of your Texas trust are now the owners of the property. Whoever does your trust in Texas...

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  5. What can we do

    Answered over 2 years ago.

    1. Aida Milagros Del Valle
    2. Justin C. Lowenthal
    3. Eric Jerome Gold
    3 lawyer answers

    First of all, if your grandmother had a will (no trust) it should have gone through the probate process at her death, and the home distributed by the court to your father and aunt in whatever proportion the will indicated (e.g 50-50, 60-40, etc.). Your father and your aunt would have then become "tenants in common" or co-owners of the home, and either of them had a right to occupy the property or sell it without the consent of the other owner. If this never occurred, you need to consult a...

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  6. In California I am the executor of my mothers trust, she is alive but incapitated. Can I loan my brother money from the trust

    Answered over 2 years ago.

    1. Aida Milagros Del Valle
    2. Eric Jerome Gold
    3. Michael Raymond Daymude
    3 lawyer answers

    I agree with my colleagues about the need for you to understand the terms of the trust. The trust will either allow or disallow the loan, and will specify whether any loan can be made against the eventual inheritance of the beneficiary. Also, if your mother is incapacitated, you should have formally taken on the role of the successor trustee according to the terms of the trust, usually by an Affidavit of Acceptance of Duties of Successor Trustee and a new Certificate of Trust. If there is...

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  7. CA Beneficiary, NM trustee - other NM beneficiaries suing to remove trustee as it's been 7+ years & still not settled

    Answered over 2 years ago.

    1. Aida Milagros Del Valle
    2. Eric Jerome Gold
    3. Steven J. Fromm
    3 lawyer answers

    It sounds like your father is interested in preserving the relationship with his siblings and does not want to make a choice that will clearly putting him on one side or the other; he doesn't want to be involved in a litigious battle with family members. This is to be respected as families are too often torn asunder over property and money. That being said, I think he should at the least consult with an attorney so that he understands the potential downside of the case going to federal court...

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  8. How long does a claimant have to make a claim on a non-probated estate?

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. Aida Milagros Del Valle
    3. Thomas Edward Rossmeissl
    3 lawyer answers

    I agree that there are far too few facts to assess the situation legally. Was the father married? Did the will say that the personal tangible property went to specific persons, etc, or as part of the residue of the estate to his heirs? Was the personal property separate property, or community property? The daughter may have a claim depending on the facts, particularly if the beneficiary designations were made shortly before death and she suspected undue influence. If she can, she should...

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  9. How can we get help to get POA for my mom who's having memory lapse.

    Answered about 2 years ago.

    1. Aida Milagros Del Valle
    2. Shawn Michael Haggerty
    3. Leigh Anne Timiney
    3 lawyer answers

    Your mom should only sign a power of attorney if a lawyer in counseling her is assured that she has the mental capacity to give control of all her financial matters to someone else. The standard used for a power of attorney is "the capacity to contract". That is, she understands the rights and responsibilities created by the document, the consequences for her in signing the document, and the risks and benefits of doing so. That being said, memory lapses can run the gamut from just being...

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  10. Can a Comprehensive Transfer Document be relied upon to fund a living trust fund?

    Answered over 2 years ago.

    1. Robert Paul Bergman
    2. Aida Milagros Del Valle
    3. Robert L. Brenna Jr.
    4. Edwin Jordon Gooze
    5. James P. Frederick
    5 lawyer answers

    I agree that I would not rely on a Comprehensive Transfer Document or General Assignment as a practice. I know of no attorney that would. That being said, a recent California case held that a General Assignment brought certain assets into a trust even though they had not been titled in the name of the trust. The ruling in this case, however, did not extend to real property. Therefore, I think that a General Assignment is a good back-up to titling all of your assets appropriately, but will...

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