Roy Wayne Litherland’s Answers

Roy Wayne Litherland

Campbell Trusts Attorney.

Contributor Level 11
  1. When filing a claim against an Estate (Trust and Will) can one include one claim that covers more than one type of compensation?

    Answered over 2 years ago.

    1. Molly Cristin Hansen
    2. Roy Wayne Litherland
    3. Steven J. Fromm
    3 lawyer answers

    The answer is yes, but that won't be particularly helpful to you. People create living trusts as part of the estate plan in order to avoid the death probate process which can be both time consuming and expensive. If there is a trust involved, you can present your claim to the trustee, and it can be in any format which communicates the nature and amount of the claim so the trustee can determine its validity. Anyone acting as a trustee would be foolish to not address a creditor's claim,...

    4 lawyers agreed with this answer

  2. If an in-law draws up a Will or Trust for the parent of his wife, does that void her share?

    Answered over 2 years ago.

    1. Roy Wayne Litherland
    2. Janet Lee Brewer
    2 lawyer answers

    The question being asked is whether or not a daughter whose husband prepared a will for the daughter's mother is disinherited because of her husband's involvement, specifically in reference to Probate Code Sections 21380 and following. The answer is more complicated than the question. Probate Code Section 21380 does not "disinherit" anyone. What it does is creates a "presumption" that the instrument (such as a will or a trust, or other dispositive document) was obtained as a result of fraud...

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  3. How do I transfer title of property inherited from a living trust.

    Answered over 3 years ago.

    1. Roy Wayne Litherland
    2. Michael John Harrington
    3. Robert Jan Suhajda
    3 lawyer answers

    The answer addresses several areas not anticipated by the question. First, assuming the home is still in the name of your mother as the trustee of the trust, a document known as an affidavit of death of trustee will have to be recorded together with an original certified copy of her death certificate. This will be accompanied by a Preliminary Change of Ownership Report (PCOR"). The successor trustee of your mother's trust is then required to give notice to the Department of health Care...

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  4. For an irrevocable trust to pass medicaid review, can either a new ein or personal ssn be used?

    Answered about 3 years ago.

    1. Roy Wayne Litherland
    2. David Allen Hiersekorn
    3. Jerry E Shiles
    3 lawyer answers

    The simple answer is that whether you use the trust creator's (grantor/trustor) social security number ("SSN") or a separate Federal Employer Identification Number ("FEIN") is irrelevant to the question of whether or not the irrevocable trust will pass Medi-Cal muster. Using either of those tax identifier numbers is sole a question of income tax law and has nothing to do with Medicaid/Medi-Cal qualification or recovery. For purposes of Medi-Cal qualification, generally assets in a trust...

    3 lawyers agreed with this answer

  5. Who do I hire to find a paper trail of stocks, bonds etc. that were left to my mother & I? My mother is spending it all & I got

    Answered about 3 years ago.

    1. Roy Wayne Litherland
    2. Eliz C A Johnson
    2 lawyer answers

    Under California law, when a decedent dies and their living trust become irrevocable, the trustee (your aunt) is required by Probate Code Section 16061.7 to give any beneficiary notice of that fact and advise that the beneficiary has a right to receive a copy of the trust and periodic accountings. You have the right to contest the trust within 120 days after receipt of such notice. Having received no such notice, your right to contest the trust is four years unless there are other factors...

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  6. Does a will giving most of personal estate to a minor son from first marriage supercede the rights of current wife?

    Answered about 3 years ago.

    1. Roy Wayne Litherland
    2. Eliz C A Johnson
    3. Theodore W. Robinson
    3 lawyer answers

    Your questions if more complicated factually than legally. The answer depends much upon family law questions? California is a community property state. Many people are confused about what is community property. Basically, community property is everything a married couple acquires as a result of their labors commencing with the date of marriage. Community property does not include many things, such as separate property owned by one spouse prior to the marriage, gifts and inheritance...

    2 lawyers agreed with this answer

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  7. My brother and I are coexecutors of our parents living trust. Under what legal terms a I obligated to complete the trust?

    Answered over 2 years ago.

    1. Roy Wayne Litherland
    2. Steven M Zelinger
    3. Cecilia A Tsang
    3 lawyer answers

    What I’m getting from your post is that you really don’t want to work with your sibling to administer your parent’s trust estate upon their deaths. I’d like to take something from each of the two prior attorney responses. First, you need to have someone look at the Trust document itself. Many will include provisions for a trustee to appoint their own successor, in which case you could appoint someone to undertake all action you could have undertaken individually. The other point is that if...

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  8. Can an irrevocable trust be raided of assets?

    Answered almost 3 years ago.

    1. Roy Wayne Litherland
    2. Michael Christopher Bennett
    3. Kelly M. Shovelin
    3 lawyer answers

    And I agree with the prior two responses. The trustee is in a fiduciary capacity and as such is required to act as an objective stake holder. The trustee may have certain obligations to fulfill, based upon the trust document, such as paying debts, filing tax returns, etc. But as far as distribution is concerned, I'd advise the trustee to make no distributions until a final determination had been made in any legal proceedings. And I concur with the recommendation that unless your interests...

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  9. My ex-husband died this month, leaving a hand written will, leaving everything to me.

    Answered over 2 years ago.

    1. Roy Wayne Litherland
    2. Steven M Zelinger
    2 lawyer answers

    The prior post was entered from an attorney from New Jersey, so he not likely to know enough about California law to be able to address our specific issue. I agree, you can ask the landlord to reissue the check making is payable to you, but if they are concerned, they won’t do it because of concerns of competing claims of other persons. Under California law, a hand written will is valid so long as it is signed by the decedent. If the total value of all assets subject to probate does not...

    2 lawyers agreed with this answer

  10. My mother is 81 years old living TX, she can no longer take care of herself & is living in filth. How can I get power of

    Answered over 3 years ago.

    1. Roy Wayne Litherland
    2. Julie Maureen Fiedler
    2 lawyer answers

    I am frequently asked the question of how and when do family members draw a line in the sand and decide that their elder can no longer take care of themselves. This is a very tough legal and emotional question, probably one of the hardest for family members to address. And where the elder is adamantly uncooperative, it becomes even harder. No one wants to tell their parent or other loved one that they are losing it and no longer capable of taking care of themselves. The emotional...

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    2 people marked this answer as helpful

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