My son father passed he got hit by car were not married only engaged and we also have another baby on the way

Family members will have a right to control the disposition of his remains. You would not be included having not been married. Your son would...

Without knowing whether you have supplied all of the pertinent facts and information relevant to your particular situation, in general a fiduciary...

How can I put my ira under the Umbrella of my living trust

You cannot place the IRAs in your trust, but you can name the trust as the beneficiary. However whether or not that is a good structure in your...

Can form interrogs and rfas be used in probate cases such as etitons for conservatorships?

All discovery methods available under the Code of Civil Procedure are applicable to any proceeding brought under the Probate Code just like a civil...

Can each of us hire our own attorney or do we have to share the same attorney?

You can hire your own attorney, but will presumably be doubling the legal fees. If you and your sister are in alignment in your positions and...

Is there a "self help" form for an executor or family of a will to petition the court with out having to go through a lawyer?

In many instances a fiduciary is required to be represented by an attorney. It is very unlikely that a non-attorney could successfully navigate...

Can I view or get a copy of the Trust? Can I authorize her burial?

As stated in part by Mr. Shields, the Probate Code provides that a beneficiary is entitled to a copy of the trust if requested. Even if you are...

I am the trustee of my Mom's estate. Can a special needs bene sign herself a new sub-trustee and out of my control?

First, if a new trustee for your sister's special needs trust were going to be appointed, you should have been the one to make that appointment as...

Unlike race, gender, age, ethnicity and religion, medical and physical disabilities, pregnancy, and other protected classes, the law does not...

Probate allows statutory fee rates per code so why is it so hard to hire an attorney willing to petition Court for compensation?

The fee arrangement between an attorney and client in a trust matter is a typically a negotiable contractual agreement. Your reference to...