It is difficult to answer these questions with certainty without reviewing the operative trust document but based on the limited facts you have...

Questioning a trustee's operation of a trust does not trigger the no contest clause but there are penalties for objecting in bad faith to the...

If not handled correctly, a gift to a caretaker may be presumed to be the result of fraud or undue influence. Review Section 21380 et seq. of the...

What more is needed for a winning case?

The grounds to challenge a trust include fraud, incapacity or undue influence. If you think you have an undue influence claim, review the new...

Is it necessary to have a signed contract (retainer) for an attorney to probate a case & must the attorney divulge fee structure

Fees in probate matter must be approved by the court and fall into two categories: statutory and extraordinary. Statutory fees are based on a...

Home transfer and Medical

The house can be protected from Medi-Cal recovery and your parents can still enjoy many tax advantages by transferring the residence to a Medi-Cal...

Can someone please put this in to laymans terms so we can understand this..? From: "Uniform probate code"(1969)

You haven't provided the entire code section which makes it difficult to give a complete opinion. Basically, this describes what happens if a...

Do we need to do probate? How soon should we get started? Can we do this on our own or do you advise against it? Why/why not?

You need to act quickly. The reverse mortgage company will demand payment in full within six months and most probates take a minimum of nine...

Is a 1% trustee fee for a non-pro "reasonable?" Also, is it "reasonable" to charge more for remodeling, selling, and buying RE?

Compensation of trustees is addressed in California Rules of Court 7.776. If you review it, you will discover that it addresses many of the...

Can I distribute the monies to benifitiaries ignoring her threats? Dad wanted to avoid probate & would be disgusted at this mess

I would not distribute all of the funds without documentation that they are accepting your accounting (assuming you prepared one) as administrator....