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Michael Robert Weinstein

Michael Weinstein’s Answers

667 total


  • I have a case of extended foster care for my adult autistic son

    Michael’s Answer

    I agree with the other two answering attorneys that a conservatorship will be necessary since your son is now legally an adult. We do not know your son's ability to communicate and reason, whether he will want to return home, and what he will tell the court investigators, or his court appointed counsel. All of this may cause an expensive fight to bring him home. If he is willing and the court believes he understands then it will be like a "hot knife through butter." Since the Britany Spears case was publicized causing the conservatorship laws to become more complex it has become more difficult.

  • As my deceased moms successor trustee, what do I have to file with the recorders office to sell her house.

    Michael’s Answer

    • Selected as best answer

    You will need to record an Affidavit of Death of Trustee including a death certificate. The successor Trustee normally files this and will include a preliminary change of ownership report form so the Assessor know who to send the tax bill to. The successor trustor then has all the powers of the Trustee to sell the property unless forbidden by the trust.

  • How to take living trust out of the LLC?

    Michael’s Answer

    The question I have regarding your property is whether it is located in California or Florida? I will proceed to answer you assuming the property is in California. I agree with the prior answering attorney that the process to take the property out of your Florida LLC and put the property into your California Trust may be a bit complicated. Your first step is to create your California Trust. Your second step is to retain a Florida attorney to guide you in conveying your property out of the Florida LLC and conveying it to your new California Trust. The deed conveying the California property will have to be recorded in California. If the property is in Florida, you will record in Florida. You may need counsel in shutting down your Florida LLC if that is your intent. This will not be a simple process and you definately should retain counsel both in FL and CA to assist you.

  • My sister passed and she was legally separated, I need a copy for her pension, how do I get a copy?

    Michael’s Answer

    If your sister's legal separation was heard by the Orange County Court (your question lists your home as Santa Ana) you can obtain a copy of the order for separation from the Lamoreaux Justice Center in Orange County. You may want to get a certified copy ($41) if the insurance company requires it.

  • What should a payment from an estate or a will say on it for the beneficiary to avoid paying an inheritance tax or an income tax

    Michael’s Answer

    The estate tax exemption is currently $12.6 million dollars. Having more than this is a good problem suffered by less than 1% of the population. As the prior answering attorney commented, inheritance is not taxable as income. If you still have tax concerns speak with a tax advisor such as a CPA

  • What should I put as the date the trust funded when applying for EIN?

    Michael’s Answer

    A trust must be funded on or about the time it is executed. Use the date the July 2019 date.

  • A bank only wants to make a check payable to an estate and I have a trust. Can they dictate how the check titling is payable?

    Michael’s Answer

    Based on the facts you have stated you will have to consult with an attorney who will review the trust and will to see where you are regarding the bank accounts. If the outstanding balance of all outstanding assets including bank accounts is less than $166,000 you may be able to use the small estate affidavit suggested by attorney Luhnow. The alternative requires a "Heggstad" motion to the court to put the bank accounts into the trust. This will provide an order to the bank to make the transfer. The third option is to open probate if the balance of outstanding assets is over $166,000
    Banks are "risk averse" and employ the "Golden Rule: He who has the gold makes the rules". Consult with an attorney who can determine the applicable facts and help you decide which option is best for you within the law.

  • Do relatives who are not included in a trust still need to be notified pursuant to CA Probate Code 16061.7 ?

    Michael’s Answer

    When providing notice of the Trust upon the death of the Trustor, notice has to be given to the 4th degree of relationship to the Trustor. These persons are sometimes referred to as contingent beneficiaries that means they will receive a distribution from the trust if everyone in front of them dies before the trustor. Also keep in mind that the trust may contain terms regarding who gets what if the named beneficiaries die before the Trustor. A cousin usually is a 4th degree of relationship to a trustor.

  • Does my dads wife have complete POA or do I have any rights to advocate for him?

    Michael’s Answer

    Without the details of your father's case I cannot give you reliable advice. I can give you things to look into. Upon admission to a nursing home, your father would have been evaluated to see if he was competent to direct his care. If he was, he would name someone to control his care. In most cases that person is the spouse. Try contacting the nursing home and inquire whether they will share his information with you, his son. If your father is not currently competent, he cannot give permission to share information such as executing a HIPAA waiver or a Health Care Directive, or instruct the nursing home to share his information. Where you live is not a factor pertaining to who can inquire. A spouse has priority in being named as your fathers' conservator if that is necessary.

  • Can a judge make me sign a waiver of notice for a probate matter?

    Michael’s Answer

    It is difficult to answer your question without more information. However, it is improbable that a judge would or could order you to sign a waiver of notice. However, depending on the circumstances, the judge could waive notice. Regarding your second question, your friend could object to whatever was on the court's calendar to be heard based on failure serve you with the required notice. All this might do is cause the judge to continue the hearing to a future date.