Deborah Ann Malkin’s Answers

Deborah Ann Malkin

Soquel Probate Attorney.

Contributor Level 8
  1. My parents made up a trust with an attorney.....

    Answered over 5 years ago.

    1. Robin Mashal
    2. Deborah Ann Malkin
    3. Douglas Anthony Dube
    3 lawyer answers

    If you are the initial trustee of a revocable trust, you are entitled to a copy of the trust immediately upon signature of the trust. If you are the SUCCESSOR trustee, you are entitled to a copy of the trust when it is time for you to act. That time would most likely be upon incapacity of the initial trustees. Are your parents both incapacitated? If so, then it is time for the successor trustee to act. You could obtain letters from a doctor stating that your mother and father are incapacitated (...

    1 person marked this answer as helpful

  2. Mentally handicapped needs to spend down 20K savings account to qualify for SSI. What can you spend the money on? Specificly

    Answered over 5 years ago.

    1. Deborah Ann Malkin
    1 lawyer answer

    Yes, he can spend the savings on a vacation. If he needs an aide, he can also pay for the aide's travel expenses. He can pre-pay certain expenses such as car insurance, telephone, and educational programs. He can also pay someone for services such as driving him to the doctor and other appointments, and helping him with book-keeping and managing his checkbook. As you may already know, he only needs to spend down to $2000.

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  3. Is ther a customary fee a trustee can receive for carrying out the wishes of the deceased? This is for a revocable trust in CA?

    Answered over 5 years ago.

    1. Deborah Ann Malkin
    1 lawyer answer

    Professional trustees usually charge 1% to 1 3/4 % of the value of the assets under management. They take the yearly average value of the assets and compute the fee. They also sometimes charge additional fees for extraordinary services. Private trustees can charge by the same fee scale or can charge hourly. In my practice, private trustees (family members, friends) charge anywhere from $40 to $100 per hour, depending on their expertise and experience.

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  4. Can the terms of a will be broadly interpreted by the executor?

    Answered over 5 years ago.

    1. Deborah Ann Malkin
    2. Edward Joseph Smeltzer II
    3. Alan James Brinkmeier
    3 lawyer answers

    I would recommend that your sister follow the terms of the will. If she does not agree with the terms and thinks there is a valid reason not to follow the terms of the will, then she could go to court and seek to have the will reformed. She should not on her own essentially re-write the will. She could be personally liable for failing to carry out the instructions in the will.

    1 person marked this answer as helpful

  5. What if the Senior Citizen I am taking care of is being mistreated by bank trustee. ie: not getting the right meals and supplies

    Answered over 5 years ago.

    1. Deborah Ann Malkin
    1 lawyer answer

    Because you mention that a case worker is in charge of her money, I assume she is under a conservatorship (guardianship). The court has a book out called Handbook for Conservators, which provides guidance. Also Nolo Press publishes a book about Conservatorships and Guardianships that might be helpful. If she is not under a conservatorship, then it may be time to contact an attorney and pursue that avenue for her. Then the court will oversee her situation and things should improve. Also,...

  6. My mother is terminally ill, what steps do I take to protect her assets?

    Answered over 5 years ago.

    1. Joseph Bernard Mchugh Jr
    2. Deborah Ann Malkin
    3. Mitchell Allan Port
    3 lawyer answers

    If you want to protect the assets from probate, then she should meet with an attorney to sign and fund a living trust. She will also need a Durable Power of Attorney and an Advance Directive (also called Durable Power of Attorney for Health Care Decisions). These documents will allow you to act on her behalf if she can not act or make decisions in her own best interest. Disclaimer: This answer does not, nor is it intended to, create an attorney-client relationship, but is offered solely for...

  7. What is the proper paperwork for transferring title after probate and with a court order?

    Answered over 5 years ago.

    1. Deborah Ann Malkin
    1 lawyer answer

    You will need a certified copy of the court's Order. Take that (and your checkbook) to the County Recorder's office and record the certified Order. You will also need a Preliminary Change of Ownership Report, which you can get online or at the County Recorder's Office. That is technically all that you need, but some people like to also prepare a Deed, and that is generally a good idea. Prepare a quit claim deed from yourself as executor of the estate to yourself as trustee of the trust, and...

  8. I am POA for incapacitated parent. Am I authorized to have her qualify for a loan with my down payment if there is a trust

    Answered over 5 years ago.

    1. Deborah Ann Malkin
    1 lawyer answer

    First part of your question: You can purchase the condo using your money as the down payment or a part of the down payment, but it quickly becomes complicated and I do not recommend it. You would have to carefully document the value of the condo and the amount you personally are putting in. You would then go on title as the owner of a percentage of the property. The complicated part comes when we want to calculate how much you should pay toward each month's mortgage payment. It is critical that...

  9. Do i need a last will with a revocable trust agreement

    Answered over 5 years ago.

    1. Deborah Ann Malkin
    1 lawyer answer

    I always prepare a pour-over will whenever I prepare a revocable trust. Inevitably there will be assets that are left out of the trust (many times purposefully), and the pour-over will scoops up those assets and pours them over into the trust, so they will be distributed according to the instructions and terms of the trust. If a house is deeded to a non-existing trust, you will need to contact an attorney to find out how to reverse the deed. If you prefer to try to find out on your own, you...

    1 person marked this answer as helpful

  10. My mother is the executor of her mothers estate. My mother died last week. What happens with the executorship now?

    Answered over 5 years ago.

    1. Robert W. Hughes Jr.
    2. Deborah Ann Malkin
    2 lawyer answers

    Executorship does not normally move from one person to another automatically. My suggestion is to go back to court and ask that a successor executor be appointed. You will need to prepare the same set of papers that you prepared the first time around, when your mother was appointed by the court, except you will prepare the papers for the new executor. Somewhere in the paperwork you will note the fact that an executor was appointed by the court on [date] and that she died on [date] and that you...

    1 person marked this answer as helpful