Can I transfer my mom's property back into my parents' trust, even though I am the named trustee of their trust?
Hayward's answer
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Answered on January 23, 2018
If your mother and father put the property into their trust before your father passed away, it should still be in the trust. The affidavit of...
Archived
Will this manner of vesting be correct for the Deed of Trust without stating the settlor's as trustees?
Hayward's answer
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Answered on January 23, 2018
Just add "Trustees of" after their names.
Archived
My sibling is the trustee and there's 7 beneficiaries she says the will says she can lease the house and treat as she owns it .
Hayward's answer
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Answered on January 19, 2018
A trustee does have legal title to the property, but not as an owner. They hold title as trustee only. The trust document determines whether or not...
Archived
If grantor died and there is to trustees one doesn't want to do it can a sibling take his place and be added on as a trustee ?
Hayward's answer
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Answered on January 19, 2018
The Trust document will determine whether or not another sibling can become a co-trustee. If you can not determine it from the document you need to...
Archived
Are ALL of the beneficiaries of an irrevocable trust legally entitled to know...
Hayward's answer
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Answered on January 16, 2018
the short answer is yes. Beneficiaries are entitled to a copy of the trust and any amendments to it upon request. Look at Probate code 16061.7...
Archived
Am I still the executor of the will or is the 18 year old daughter?
Hayward's answer
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Answered on January 15, 2018
Just being named in the will does not make you the executor. You need to open a probate and petition to be named as the executor. Because the...
Archived
How do I transfer property to my name as I am the only living relative/survivor?
Hayward's answer
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Answered on January 08, 2018
From what you said, it sounds like the house will need to go through the probate process. The trust she and your father made may still have...
Archived
How do I go about obtaining an adverse possession claim?
Hayward's answer
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Answered on January 08, 2018
here's a link to what is required for adverse possession.
https://www.justia.com/real-estate/docs/adverse-possession.html
Archived
Can trustees of an ir-revocable trust transfer the property back to themselves individually?
Hayward's answer
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Answered on January 05, 2018
There are circumstances where trustees can transfer property from an irrevocable trust to themselves, but only if it is made expressly authorized...
Am I responsible for my deceased spouse’s debts?
Hayward's answer
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Answered on January 02, 2018
Very sorry for your loss. Since California is a community property state, you would normally be liable for the entire amount of her debts but only...
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