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what if the lawyer pass away and we need to find out if there is a copy of trust (will).
When a lawyer passes away in California, the State Bar of California has specific notification procedures and rules and regulations. You may contact the State Bar of California and advise them of your situation. You may also contact or go online to the Ventura County Superior Court (presuming the Attorney passed in Ventura County) and type in the name to determine if a probate has been filed. If it has, you will need to contact the estate representative or his/her attorney. They will be able to get the files to you.See question
Should a probate case be postponed, until the civil case is decided? When is a Spousal Property Petition and Order filed?
You need to be presented by counsel in California probate court, as the process is complicated. There are no enough facts of your case presented. I strongly recommend that you advise the judge in each court e.g. probate and civil of the related case in the other courtroom. A probate case (if there was a will or no will) is required to be filed within 45 days of the death of the decedent.See question
I want to start selling my photography work, and have a name for an online/offline store. Do I need to trademark the name for posession, and do I hav to copyright each and every image I take, and have already taken?
Yes, you should and need to file a copyright registration for each of your photographs. You may do such with the U.S. Copyright Office. The filing fees are nominal.
If you own a domain name and are only using such in the capacity of a domain name or business name, generally such use would not qualify for trademark registration with the USPTO. You may find more useful information on Copyrights and Trademarks upon the weblinks that I have included for you.See question
I am starting an online business. I will be dropshipping the products out of the Midwest so I will not have any actual business taking place at my home - everything will be done online. I was told as long as I did not have a physical business in...
You most likely do not need to create another corporate entity. However, you need to register your LLC as a foreign LLC doing business in California. If you are engaging in business from California in any capacity whatsoever e.g. monitoring your online sales, managing the business, you are doing business in California. Online businesses are tricky and subject you to the jurisdictions that you do business in e.g. other states you sell or offer your products to. These states each have their own set of laws that you need to comply with in addition to federal laws too. There may be sales tax issues that you need to discuss with your CPA. You are correct in that having a foreign LLC may cost you in duplicative fees, as you need to be registered in California as a corporate entity. It is a common myth that you can do business in California and incorporate in say, Nevada or Delaware and somehow avoid California rules and regulations.See question
My in-laws mother passed away 2 years ago and left her son as the exec. of the will, as well as the benefactor. Probate took place in the state that she died in and all was squared away by the courts there pretty quickly. However, she has real e...
Yes, you need to file a probate in California to transfer the real estate to the beneficiary (ies). A probate is filed through the courts with the applicable fees paid. The type of probate depends upon the appraisal value of the property at the time of death e.g. summary, or full etc. The California probate is based upon the value of the property in California. The title to the California property cannot be transfered with a probate order. Without clear title, you may not do anything with the property e.g. refinance, sell, encumber, etc. The probate would be filed in the County the property is located.
A trust would have avoided a probate.See question
Have a living trust set up when I lived in CA. Now living in Texas. Do I need to change the trust because of the community property laws of Texas?
Yes. You should have a new trust in the state that you reside. However, if you still have property in California, your first trust should remain in force and effect. I recommend that you seek the advise of Texas counsel with respect to the requirements that state for estate planning. As far as California is concerned, make sure that the California property you own is funded into the trust e.g. the deed to any property is in the name of the trust and the deed is recorded properly.See question
There are 16 of us in the trust, we were not listed by name just as heirs. The trustee let one of the 16 use the property, by use, she rented the property and collected all the rent for herself never giving a dime to the trust or the trustee. The ...
The terms of the trust need to be reviewed by an attorney to give you an exact answer. It needs to be determined whether or not their was a duty to account and if so, were the accountings done. You need to determine who the successor trustee is and have accountings done. You also need to determine whether or not the trustee served under a bond. The trustee has a fiduciary duty to the beneficiaries. If that duty was breached, then you may pursue the matter in court. You may petition the court to remove the trustee. You may pursue the bond, if the trustee is found liable by the Court. There may be a wasted asset issue, if no rents were collected. As far as the "what if scenario" you present, the damages are just too vague and speculative. I recommend that you seek the advice of independent counsel as soon as possible.See question
We live in the state of CA and I have a biological grandfather and a step grandmother, they are 90 years old. There are 2 man who have befriended them and we are concerned that these 2 man had them draw up a will and leave them everything. If we a...
I would fie a police report, if you are concerned about these two men and elder abuse (financial or other). If you do not know them, they should not be in the home and may be trespassing. I would also contact or inquire from the police station about a public conservator looking into the matter or having the police report the incident(s) to the District Attorney's office for investigation. You could also inquire of their primary care physician (which would require a HIPAA Declaration from your grandparents giving consent) if the Dr. feels that they are competent to handle their own financial affairs. If they are not, I would strongly recommend that you file a Conservatorship of the Person and or Estate, as appropriate in the county they live in to protect both their person and estate. If the Doctor feels that they are incompetent and have been some for quite some time, including the time the will was drafted, it may be void or voidable in Court. I recommend that you seek independent legal advice from a local attorney in your area immediately.See question
I currently have a Nevada LLC that contains my rental properties in Nevada. My rental properties are being managed by a Nevada Property Management firm and the banking for the property is in Nevada. Since I live in California and my Nevada LLC d...
I would recommend that you register your Nevada corporation in California as a foreign corporation. You will need to have a Certificate of Good Standing from Nevada. This filing will trigger compliance with the California Corporation laws and annual filings etc. I recommend that you seek the advice of counsel in order to consider whether or not your are doing business within this state and to consider many other necessary factors in considering this registration. It is not a simple black and white answer.See question
I am Starting a Charitable organization and am filing all the paperwork. I am about to file all the paperwork, but is it necessary to file the reservation if name if I cam filing the paperwork for incorporation in the same day?
I recommend that you file a name reservation, as the cost is nominal (under $20). You will want to avoid a rejection and then have to redo all of your paperwork. Even if you have done a name search on the state database, another entity may file the same day and you would stand to have your paperwork rejected.See question