Benjamin James Sowards's Answers

I have a living trust. I need to change the executor. Can a simple will supercede a previous trust?

Yes. You can revoke all prior wills and revoke your trust at any time if it is a simple revocable living trust or living trust. However, you may not want to do this. You can just ask the lawyer that prepared the original trust or another local attorney to update / change the name of the executor (and successor trustee if appropriate).

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Can a trust gift money to a beneficiary

Yes. It is possible. What does the trust say on the subject? First, you always look to the trust document to see what it allows or disallows. Some inferior trusts or those produced online or in a "trust mill" are often silent on these issues. You may need to work with the successor trustee and a lawyer to determine what is appropriate under the circumstances. Often people set up trusts with specific gifting guidelines (e.g. $10,000 when X graduates college). First review the trust on...

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A ca corporation was formed; nothing was done beyond incorporation. It was suspended for non payment of taxes.

I would just start from scratch. Keep in mind that obtaining 501(c)(3) status takes a decent amount of work. You will either need to hire a good attorney or CPA to move the process along or plan to spend several hours going through the paperwork yourself. You will need bank records, corporate documents and resolutions, etc. in order to get the tax exempt status. The good news is that if you miss anything the IRS will review the application and then allow you to resubmit the missing material.

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Can I represent myself inprobate court? My sister won't put the property in my name and my mother wishes are not being met

Yes you can. It does happen from time to time, although it is best to hire an attorney. The probate court in Santa Clara County is very busy - it is the largest county in the SF Bay Area. The Judge (Hon. Cain) is well versed in the law and is often sympathetic to individuals without an attorney (pro per). The probate examiners and clerks are also very helpful. However, there are strict rules to keep the probate process moving and if you mess up those rules or filing requirements your case...

If I am 80 years old and I am under a conservatorship by the Office of Public Guardian..

This can happen when the county believes that those around you are scamming you or taking advantage of your situation. Generally, the county is looking out for your best interest. If, however, you disagree, consider hiring a court appointed / approved conservatorship attorney to work on getting your conservatorship removed or to allow you to work with a private fiduciary. I've seen this happen in Santa Clara County recently.

My mother's living trust was never funded.

You will be able to avoid a full probate. You will need to file the Heggsted petition in order to have a judge approve the transfer. You will be out filing fees (about $400), plus whatever it takes the lawyer in time to prepare the materials. If the lawyer is good, and the court understands everything submitted, the lawyer likely won't even need to attend the hearing. You can expedite the process by paying a little bit more to the court and going Ex Parte. That way you get moved up in the...

Do I need to obtain legal guardianship of my younger sister who will be living with me?

Since it sounds like you will be the primary caregiver for the next 3 years, I would seriously consider becoming her guardian. As her guardian you will be able to make her medical decisions - something the doctors and hospitals likely won't allow otherwise. Also, as her guardian you can talk with her teachers and principals, sign her out of class, help with financial decisions, etc. I would recommend you seek out an attorney that does guardianships or go to the court and find a guardianship...

Will I be granted traffic school option for speeding ticket 17 mph over limit in CA?

Yes you should. Be respectful and the judge should allow it.

Changing a revocable trust to an irrevocable trust

This all depends on the language of the original trust. Sometimes your mother will have full power to make any changes she desires on the trust and the trust property. Other trusts restrict the surviving spouse's ability to transfer or borrow against trust assets. You need to hire a lawyer to help you determine what to do here.

Can a Corporate officer be a officer or director of another Corporation?

Generally, yes. Without knowing the specifics, one can usually serve as a director or officer for company X while also serving as a director for another company. Officers are often employees. So whether the individual can be employed by two different companies at the same time will depend on the terms of employment between the individual and the respective employers. This arrangement is not prohibited under the law. Often, an individual will serve on the boards of directors for several...

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