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Keith A Davidson
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Keith Davidson’s Answers

123 total


  • How do I go about reviewing my trust that was giving to me I have all the documents I don't no how to go about it please help me

    My grandmother Left me a trust fund either when I finish an 5 year collage or when I turn 25 and I turned 25 in January I have a copy of the trust/will I just don't no how to go about getting what she left me

    Keith’s Answer

    I agree that you need to make a written demand to the Trustee to receive your share of the Trust fund. Have you ever obtained any financial information from the Trust, or an accounting? That would be a good place to start, by asking for an accounting. You can also ask for a timeframe for your distribution. This can all be done in a simple letter or email to the Trustee. The trustee then has 60 days to respond to your requests. If you do not hear anything, or the Trustee is not helpful, then you have to file a petition with the Court to force the distribution. It may be best to consult with a lawyer, but you can send a letter or email on your own to at least start the process.

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  • Probate: What are the ramifications of notifying the FTB of decedent's death AFTER the CA 90 days requirement?

    I failed to notify Franchise Tax Board of my relative's death in a CA Probate case. He died in late 2013. I was appointed administrator in March 2014. The case is wrapping up now, and I am getting ready to do my final accounting. I just now re...

    Keith’s Answer

    I agree, just serve your notice on the FTB. The FTB no longer provides a closing letter, so your estate can be closed without that, but the Court will require notice. As long as you have paid the taxes, you will be fine. If any taxes remain unpaid, then the FTB will come after you personally, so you may not want to distribute the estate or close the probate unless you are certain all taxes have been paid.

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  • What evidence is admissible in probate court as proof of your case?

    Mother died, no will, no attorney, two heirs split 50/50 while one is executor. Case has been handled by legal document specialist. Case is complete and been in probate and has court approval for final distribution and executor is stalling. I have...

    Keith’s Answer

    You do not need Probate Code sections 811 or 850 if there is a Court order for final distribution. All you need is to file a Motion for Contempt requesting that the Court hold the Executor in contempt of court for not make distribution according to the Court's order. And most Court's hate when their orders are ignored, so it is an easy argument to make. I agree with the first comment though, that you need to give the executor some time to perform before going into court, but after a few weeks, you should be good to go.

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  • Can a trustee of a trust enforced a note against me as an advance on my inheritance if they can't produce the original note?

    20 years ago my mother and I signed a note which stated she was loaning me $50,000.00. The note called for no interest, had no due dates for repayment, and stated any unpaid amount on the note would be counted against my share of inheritance. A...

    Keith’s Answer

    I agree that the note cannot be offset at this point. But that does not mean your sister will agree. You need to demand that she account for the estate without the note being offset. If she refuses, then you will need to file in court to protect your rights.

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  • My father past away 10 years ago.there is still property under the estate name&a missing 401k check.what is the best way to go.

    My sister and I were both under 18 when the estate went into probabte. My aunt who was the executor went missing and now we found out there is still property under the estate and the check. Both probate attorneys removed themselves from the case.....

    Keith’s Answer

    Probate can still be opened if needed. Although if the amount is less than $150,000 then you may be able to transfer the money to you and your sister without probate. You can talk to the financial institution first to see if they are willing to transfer the money. Also, most 401(k) accounts have a beneficiary designation, so if there is a named beneficiary, then probate is not required.

    If all else fails, then you need to file to open probate, which you can still do.

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  • Find if a will/ trust was made in a diffrent state, and bank accounts as living person has altimers /demtra bad, and doesnt now

    my mother is the only living child and she is having trouble and is stuck as she need to file a GUARENTOR so she can be power of attorney and have all rights over her mother ( my grandmother), where does she goes to see any trust or will my grandm...

    Keith’s Answer

    There really is no public place to go and look for a trust or will. Those are typically private documents until someone dies, and then the may or may not be filed with the court (in California, original Wills are supposed to filed with the court after death, but that does not always happen). Trusts are usually not recorded either. The typical way to find these things is to go through someone's papers at their home and see what you can find. If a they had a lawyer, and you know her or his name, try contacting the lawyer. Lastly, if your grandmother had bank accounts, try looking at her mail since most banks send statements you will find them that way. Finally, you could do an asset search through an asset search company, but that usually costs anywhere from $500 to $1,500, so you would only want to resort to that if nothing else works.

    If you cannot find any trust or power of attorney, then your mother will have to file a Conservatorship action here in California and ask to be appointed Conservator of your mother. Once your mother is appointed conservator, then she can take control of your mother's accounts (assuming you can find them of course). It is a bit of a puzzle, but you just have to keep looking.

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  • Final accounting received on the california trust i am a beneficiary to.

    I understand I have 180 days to sign the waiver saying all accounting is okay and I am not contesting. Being threatened that if I take the full 180 days I will cost the estate $15,000 more. Is this possible? The $15000 was set aside for "final ...

    Keith’s Answer

    It should not be possible that the Trust will incur $15,000 in costs just by you taking time to review the accounting. That is ridiculous. And yes, if there is a reserve then the costs would come out of that. Keep in mind that once the 180 days pass, you have no ability to challenge the information reported to you in the accounting. So you should take all the time you need to feel comfortable before signing any waiver. You should also be sure you have all the necessary backup documents if there is something you question. For example, it is common to ask for copies of the bank statements to support the beginning inventory numbers listed on Schedule A of the accounting. If there are any expenses that were paid that are not immediately understandable, you should be able to obtain copies of invoices or receipts (or at least cancelled checks) to determine what the expense was for. Those are just a few examples.

    Lastly, if you feel the accounting has problems and you are not getting answers, then you have the right to demand that the accounting be filed in court for court approval. That would incur an additional cost, but at times it is worth that cost to get to the bottom of the financial matters.

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  • Probate sold the house I'm the owner in San Bernardino Co. and 50% on the Title the deed caused a cloud on the Title.

    My lawyer at the time said he wanted 50% of the proceeds from the sale to do a quite title I refused that deal and he substituted out of the case. That lawyer was hired by my ex-friend to help me sell my house so I thought. So I go on without a la...

    Keith’s Answer

    • Selected as best answer

    What was the exact name on title? Where you on as a 50% owner as tenants-in-common or as joint tenancy. I'm not sure what the cloud on title was that you are describing. Also, if you did not sign the loan, then there would be no way to enforce your payment of the lien or mortgage. So something is definitely wrong here. But more facts are needed to determine how title was held, who had a loan, the value of the loan versus the value of the property, and who specifically is telling you these things.

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  • I am the beneficiary to my parents estate. Is it possible to find an attorney who will represent me on a contingency basis.

    My siblings took everything of value from my parents house. The house still needs to be sold. I would like to recover some of my parents belongings. I had some items of value in the house that were taken.

    Keith’s Answer

    Sorry to hear about your parents belongings. These are the hardest cases because those items have tremendous, even priceless, value to you, but they are very difficult to track down and recover as part of a court process. And I agree with the previous answer that if the property does not have tangible value, then you will not be able to find a lawyer who will represent you on a contingency basis. What you really need to do is file a petition with the probate court seeking the return of those items, but that can be easier said than done.

    Even if you could file in court, you have to be able to prove what property was there, where it went and who took it. That is always hard to prove in court. Plus, the argument you will hear is that "mom and dad wanted me to have this" or "they gave it to me before they died." It becomes a real mess. But if you are determined then I would advice you look up filing a petition under Probate Code section 850 of the code or open a probate, if probate is not already opened, and seek the return of the property in the probate estate. Again, that is all easy for me to say, but it takes a good amount of work.

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  • Recent marriage & community property in CA, separate property in Indiana, husband died intestate. Will probate be in CA or IN?

    Husband has 2 previous adult children and a long time business in Indiana, where he also still owns a home. We bought house and lived in San Francisco, just got married a few months ago. He suddenly died while we were on a business trip together i...

    Keith’s Answer

    You will need to open the main probate in California where your husband was domiciled at the time of his death. California can control all of the decedent's property wherever located, EXCEPT for real property, which can only be transferred by a Court where the property is located. In this case, that means you will need to open an ancillary probate in Indiana to transfer the Indiana real property under the intestate laws there. So you will have two probates, the main one in California and the ancillary one for real property only in Indiana. You need to find a probate attorney in California and then another one in Indiana. I agree that AVVO is a great place to start to do that. Good luck.

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