Archived
Are there grounds and a strategy to appeal a probate court order (California) to pay out of trust legal fees of removed trustee?
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Answered on April 25, 2015
While you have a right to appeal, I do not know an angle to do it in this case. The only time that I have seen a judge overrule Objections, is...
My brother has 1% & I have 99% in a real estate property. We want to transfer his portion into a living trust. How?
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Answered on April 23, 2015
I would record a Quitclaim. All it needs to say is he (however he has taken title to it) quitclaims an undivided 1% interest in the property to...
At what point is someone deemed not of sound mind?
Joseph's answer
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Answered on April 23, 2015
The California Probate Code has a relatively low bar for deeming someone to be incapacitated. Basically, It assumes a person to have capacity if...
Archived
Who pays the executor's attorney?
Joseph's answer
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Answered on April 17, 2015
In a final petition to the Court, the Executor provides an accounting of what assets are in the estate. Then, both the Executor and the Attorney...
Archived
What are our options when a trust does not specifically direct the distribution of the assets
Joseph's answer
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Answered on April 17, 2015
If your mother just cannot handle the responsibility, is there a Successor Trustee named in the Trust. Perhaps she can resign, and allow someone...
Archived
Can CA Revocable Trust transfer title of the house it owns to NV LLC? House is located in CA. it is not rental property.
Joseph's answer
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Answered on April 15, 2015
I would need more information. Is this your residence? Is there are reason to own it in an LLC? There is a concern about triggering a...
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Archived
My grandparents having a family trust/living will.
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Answered on April 15, 2015
You are entitled to a copy of the trust documents by law. Unfortunately, you have to demand it from the Successor Trustee of the Trust. I agree...
Archived
I put my teenage son with autism as the second beneficiary on my life insurance. Should I change that?
Joseph's answer
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Answered on March 27, 2015
You have a lot going on, and should see an experienced estate planning attorney that also knows special needs trusts. I believe you should have a...
Archived
Whats going to happen with my mother's property?
Joseph's answer
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Answered on March 27, 2015
The house being in her individual name, and assuming the value is over $150,000, you will need to open a Probate. Did your mother leave a Will? ...
I was a victim of extortion as a beneficiary of a CA trust. I am in NM.
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Answered on January 14, 2015
The Attorneys are correct that challenging the actions of a Trustee can be expensive. There are some attorneys that may consider litigating on a...
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