Archived
I inherited my moms 50% ownership of a rental property. The agreement was they split rental income. Now they wont send me rents.
Paul's answer
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Answered on November 01, 2018
I have moved your question to real estate. You say that you have owned your 50% interest for about seven years, so it must be out of probate by...
Archived
Life estate holder also the trustee ?
Paul's answer
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Answered on November 01, 2018
It sounds like the second wife is the current trustee of your father's trust. This means that she is both administering the trust and living in...
How long do courts keep conservatorship records in California?
Paul's answer
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Answered on October 31, 2018
In California, a limited conservatorship is not a criminal matter. It is not expunged from someone's record. The fact of its existence is readily...
Archived
How should I treat a creditor claim that redacted the description of services upon which claim is made?
Paul's answer
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Answered on October 31, 2018
Reject the claim(s). This will place the burden on the creditors to file a petition in the probate to collect. At that point you can demand...
Archived
Life estate and remainder interest ?
Paul's answer
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Answered on October 31, 2018
The successor trustee, in his fiduciary capacity, would hold title to the home while the second wife is alive. Upon her death, she would pass...
My father has a living trust; I believe my brother is first trustee and I am secondary trustee. What are the differences?
Paul's answer
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Answered on October 31, 2018
Your brother appears to be the first successor trustee of your father's trust. Assuming that you father is incapacitated, then your brother would...
Archived
Can I create a trust and put my share of the home to my son who I hold joint tenants in common with my brother.?
Paul's answer
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Answered on October 31, 2018
You and your brother apparently own this property as joint tenants. If you were to transfer your interest in the property into your own trust, you...
Archived
Why was I presented with an agreement for distribution and settlement of a living trust?
Paul's answer
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Answered on October 31, 2018
This is a little complicated. The general duty of a trustee to keep the beneficiaries of the trust reasonably informed of the trust and its...
Can a co-borrower on a mortgage add the house to their trust without documentation giving permission from the other co-borrower?
Paul's answer
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Answered on October 29, 2018
Your relative may transfer his interest into his own trust. If the two of you co-own as tenants in common, then it would be a simple matter for...
Archived
Can you petition the court to remove a life estate in California for committing “waste”
Paul's answer
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Answered on October 29, 2018
As the remainder beneficiary, you should review the terms of the trust with your own attorney to make sure that you understand it. Then you should...
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