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Charles Adam Shultz

Charles Shultz’s Answers

2,562 total


  • I have a clouded title to a home I have inherited that has passed thru three wills that have all been probated.

    I have acquired certified copies of the probated wills. Do I need a real estate attorney or a probate attorney or just a good title company. The deed is still in the name of the first of the deceased persons but has a simple chain of ownership to me.

    Charles’s Answer

    The most cost effective approach would be to start with a title company. You will need certified copies of the orders for distribution of each of the probates. If they provide a clear chain and the title company is willing to ensure title at than you should be fine. If not, the next approach would be to start with a probate attorney because there is probably some issue requiring probate court involvement through one or more of the deceased persons estates.

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  • What happens with this will?

    The will is broken down as follows: 20% for son A, 20% for son B, 20% for son C, 20% for grandchild A, and 20% for grandchild B. Both grandchildren are minors. Their parents, aunts/uncles, and grandparent are specifically excluded from will? What ...

    Charles’s Answer

    What does the Will say about distributions to minors. If the amount is more than $5,000 and there is no provision to a custodian, a guardianship will have to be established for each minor child. The Executor has no power to make changes.

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  • In Arizona, my father told me, his caregiver, etc that he had changed his will.Does this have to be written down by an attorney?

    My father had a will that was written 7 months ago when his wife and he left all of their assets to her daughter. She passed away, which left everything to my father. He since than had told me, his caregiver, his close friends and even my step ...

    Charles’s Answer

    Where is your father currently living? I cannot opine on Arizona law. In California, you cannot have an oral will, oral codicil or any form or oral modification. California does allow holograph (written all in a testator's own handwriting). Without that, the will must be witnessed by two independent parties. The question becomes your father's current capacity. Also, if in California, there would be an issue if you dad dies within 15 years of your step mom - her heir would have claims to her share that went to your dad.

    Regardless, you should consult with an estate planning attorney in the state where your dad is currently residing.

    Good luck.

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  • Is there a code section I can reference in CA law that says, if not stated, a trust is assumed to be revocable?

    I have a banker who wants to make a copy of my FULL trust because my extracted version does not say "revocable" even though it is. I do not want to give my FULL trust to them. Am I wrong?

    Charles’s Answer

    The problem is you need a proper certificate of trust. See Probate Code Section 18100.5 for the requirements. One of them is a statement that the trust is revocable. The presumption of the trust being revocable wont help since you are not giving the entire trust. For all the banker knows, one of the provisions you are not showing says the trust is irrevocable.

    Ask the banker for a certificate of trust form - most banks have them. It will follow PC Section 18100.5.

    Good luck.

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  • Conservator was put over my moms accounts. mom passed away,accounting done.The estate is to be split 3 ways. I am due 1/3. .

    Was supposed to be dispursed .i cant get a hold of the conservator and the conservator attoreny doesnt respond. I sent a strongly worded letter.No response for a week. What can i do

    Charles’s Answer

    A probate is required to settle your mom's estate. The conservator would have to turn the assets over to the personal representative. Was there a final petition filed in the conservatorship to approve the conservators final account? What did the order say regarding the funds in the conservatorship? A little odd to get an order terminating the conservatorship without a petition for probate unless there was a trust or total assets were less than $150,000.

    You need to see an attorney to review all documents and pleadings.

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  • Can my mom transfer money out of a Trust to another bank account that is co-owned by my sister?

    My mom transferred funds into her Trust by creating a new account number on an account. Can she transfer funds out of her Trust into another account that is co-owned by my sister? Can she transfer a large amount out of the Trust also?

    Charles’s Answer

    If your mother has capacity and her trust is revocable, which it most likely is, she can do what she wants with her funds. If you believe she is being unduly influenced by your sister, you should consult with an elder law attorney immediately.

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  • Autopsy-Who has Legal Authority to Request an Autopsy?

    Mother had DPOAHC naming all four children (including myself) as her agents (DPOAHC listed all and did not specify how decisions are made, either by joint consent or majority). Mother was enrolled in a Univ. of Calif research program to ...

    Charles’s Answer

    Another option would be to file for probate or letters of special administration with the authority to authorize autopsy and disposal of body in conformance with decedent's wishes. The personal representative (or special administrator if properly empowered) would have the rights over the remains.

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  • If a husband dies before inheriting from his fathers estate, will it go to the wife? Is she his "issue"

    Husband is beneficiary of fathers estate. Father dies 6 years ago. Estate still not settled. Husband has advance Alzheimer's and not expected to live long. If he dies before dads estate can pay him, will wife inherit. Is she his "issue". It doesn...

    Charles’s Answer

    You have many issues. 1) does trust specify that California law applies to interpretation. My answer will presume that it does.

    2) You need to see if the trust was distributable upon the death of husband's father? And whether survivorship of distribution is required. The Trust needs to be reviewed.

    3) Wife is neither issue of husband or husband's father. Children of husband are issue. That said, if the trust was distributable on dad's death, husband should be beneficiary and could assign his rights. Note, that is a probate asset and the assignment, unless authorized by the trust should be in a document that qualifies as a will. If husband has advanced dementia it may be necessary to establish a conservatorship and then do a substituted judgment trust. If husband dies with separate property (inheritance) and letter does not qualify for testamentary document or transmutation to community property, best wife will get is half.

    Wife should see a qualified attorney fast.

    Good luck.

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  • Is there any similar statutes between CA Probate Code and the Uniform Trust Code?

    What would be similar in the CA Probate Code to Section 604 of the Uniform Trust Code concerning when one may commence judicial proceedings in a trust?

    Charles’s Answer

    See Probate Code Section 16061.7 and 16061.8.

    Good luck.

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  • My father died without will (intestate) How do assert my next of kin rights with his girlfriend?

    They have lived together for 14 years however they have no joint property, accounts or assets. I am trying to obtain some of his personal belongings, a classic car, antique shotgun, a ring and his tools. He had expressed to me that all would be m...

    Charles’s Answer

    You have all rights to his separate property. The girlfriend has no legal rights to inheritance under your facts, but may have other claims which she would have to bring in court. If total assets are under 150,000 you could claim them under a shortened procedure but it sounds like you need to file for Probate for Letters of Administration. As the surviving child you have priority to serve. California does not recognize common law marriage so the girlfriend does not have rights of inheritance.

    Good luck.

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