If a beneficiary dies after the settelor and hasn’t received his total distribution where do the rest of is funds go?: I am the trustee to my fathers estate. My father has passed. I have made a partial distribution to the three beneficiaries. One of the beneficiary’s recently passed. He is/was married and has 2 sons. Where do the rest of his funds get distributed too? Would it be divided to the 2 remaining beneficiaries? Or would it go to his family and which member?
Stephen’s answer: Chances are very good that the trust answers that question for you. If you have any question, take it to an attorney who can help you understand what you are supposed to do. You, as successor trustee have many obligations to the trust and beneficiaries when you take over after the original trustor/beneficiary passes. You should probably get some help from an attorney just to make sure you have not accidently crossed over any legal lines.
Is my baby mama (never married) entitled to my wife's income?: We live in California and I recently got married to my partner of 7 years. Now that I am married my baby mama is asking for more money in child support and says that now that I am married she is going to go after my wife's income. My wife and I also have a child together and she uses her income to help support me, our child, and my children from my previous relationship already.
Stephen’s answer: Your share of earned income is considered community property and will be used in calculating you child support. Your new spouse's income is not except in very limited circumstances, although it could be used in calculating payments in an enforcement action for child support, but this requires an existing child support order that has been violated. See Family Code section 4057.5 and In re Marriage of Knowles (2009) 178 Cal.App.4th 35, 100 Cal.Rptr.3d 199. Hope this helps.
How do i get the title of my deceased mother's house into her trust? : She had a condo titled under her trust since 2004. In 2014, she sold it and in 2015, she bought a house but never transferred title to the trust. She passed away June 2018.
Stephen’s answer: You will need an attorney to help you on this one. The procedure is probably a motion under Probate Code section 850, but it is going to require some good legal analysis to determine whether facts exist to allow the transfer post death.