Hello, If you and your brother are currently serving as co-trustees, you, in that capacity will have authority over assets titled in the name of...

Will & Trust, are Power of Attorney and Will enforceable if the person(s) is unaware of the docs they are signing?

In California,to sign estate planning documents, the person executing the documents must have at least testamentary capacity (wills) and legal...

TOD accounts usually have a primary beneficiary designation and a secondary beneficiary designation. If the primary beneficiary predeceases the...

MY MOTHER LEFT HER PROPERTY TO MYSELF AND THREE SIBLINGS. I WANT TO BUY THEM OUT. CAN WE AVOID PROBATE AND JUST DO A QUIT DEED?

If title to the home is in your mother's name, you will likely have to go through probate proceedings. During the probate proceedings, you can...

How can I use the funds in my mom's account to pay for burial expenses?

I am very sorry for your loss. If your mother had a revocable living trust, please review the document. It should very likely state that all of...

I am the living child of the deceased. The Trustee of my mothers will is not related nor is a benificiary. I live out of state

The trustee must act in the best interest of all the beneficiaries. If there is any fraud, self-dealing, theft, etc., the trustee has committed a...

Can a probate administrator force a heir to move from the family home before the sell of the property

You bet! Serve the required notice to vacate and hopefully the person will vacate without having to file an unlawful detainer action.

How do I go about getting Power of Attorney for my 88 yr. old mother?

If mom is competent, she should see a trusts & estates attorney (many attorneys make house calls as well if mom is immobile). It could be that mom...

My Daughter went to live with her Dad last year, she was 18 years old. He and his Wife made her sign a power of attorney giving

Since your daughter is 18, she is an adult, and only she can revoke the power of attorney and execute a new one if she so chooses.

My deceased husband set up a living trust for me. when we got married.

From what I recall in law school, this type of provision does not violate public policy and will likely be held valid. You can always try to have...