Archived
Who would be entitled to the deceased person's share of the trust, if she/he is dead, and has no children?
Elena's answer
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Answered on April 30, 2016
Your question does not make it if that heir passed away before or after the death of the trust settlor.
If the heir predeceased the settlor, then...
Archived
My dad made a will, is his will valid?
Elena's answer
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Answered on April 28, 2016
Under California law, a Will is valid if it signed by a testator and two witnesses.
Although the Will that you describe is not valid, it still...
Can an unwitnessed codicil be validated?
Elena's answer
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Answered on April 27, 2016
I disagree with my colleagues. In California, under Prob. Code Section 6111 a will is valid as a holographic will, whether or not witnessed, if...
Archived
Can I legally add my name to the current deed as a trustee?
Elena's answer
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Answered on April 25, 2016
You need to abide by the terms of the trust that should describe the procedure for a removal of an incapacitated trustee. If it means that you...
How do I ensure that I'm legally able to care for my terminally ill mom (69yrs old/lung cancer/CA) before it's too late?Options?
Elena's answer
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Answered on April 25, 2016
Very sorry to hear about your mother's condition.
Most estate planning attorneys agree to make a house call to a terminally ill client.
Look up...
Archived
What is the easiest way to change title on her properties into the irrevocable trust, once it is established?
Elena's answer
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Answered on April 25, 2016
Transferring assets to an irrevocable trust is considered a lifetime gift which may have serious ramifications both for your mother's Medi-cal...
Archived
Is the trust legal?
Elena's answer
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Answered on April 08, 2016
You need to consult with an experienced trust/probate attorney who will review all of the documents and give you an informed opinion if you have...
Do will's cover after acquired property?
Elena's answer
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Answered on April 06, 2016
It depends on the language of the will. If the will covers any and all property belonging to your father whether acquired before or after...
Archived
Can I refinance as one of three trustee's to an irrevocable trust?
Elena's answer
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Answered on April 05, 2016
First, you have to get all beneficiaries agree to you buying them out.
Second, you need to make sure that you abide by your fiduciary duty to all...
Archived
What is our recourse?
Elena's answer
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Answered on April 05, 2016
I agree with my colleagues, you and your siblings need to hire an experienced probate trust litigator.
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