My uncle's daughter went to his parents' home and took all Will and Trust documents to an attorney and had it revised so that the daughter is the sole beneficiary. The original documents had my uncle and his daughter listed as the beneficiaries. ...
In California,to sign estate planning documents, the person executing the documents must have at least testamentary capacity (wills) and legal capacity for other documents (trusts and powers of attorney, deeds, etc.). If you feel the elderly couple is being taken advantage of, you can contact adult protective services. Further, estate planning documents are frequently challenged in court on the basis of undue influence, fraud, incapacity, etc. If there is proof the documents were signed as a result of undue influence, fraud, incapacity, etc., the documents can be deemed void. Speak with a trusts and estates attorney in your area.See question
Does deceased bene's portion go to his estate or split among other primary benes. No contingents named.
TOD accounts usually have a primary beneficiary designation and a secondary beneficiary designation. If the primary beneficiary predeceases the owner, then the owner dies, the proceeds of that asset will go to the secondary beneficiary. Here, it sounds like the asset will pass to the secondary beneficiary, or if none listed, to the owner's estate. Speak with a trusts and estates attorney in your area to better assist you.See question
THE WILL STATES IT IS TO BE SOLD AT WHAT OLDEST (EXECUTOR) SEES AS FAIR MARKET VALUE. WE HAVE ALL AGREED ON A PRICE. THERE WAS ABSOLUTLEY NO DEBT LEFT OR ANYTHING OWED ON THE PROPERTY. DOES THE PROPERTY HAVE TO BE TRANSFERED INTO ALL FOUR NAMES FI...
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 either sell the home and distribute cash to the beneficiaries or deed the house to the beneficiaries. Speak with a trusts and estates attorney in your area.See question
My mom passed away on 9/3/2012. I was power of attorney for her and her account is a trust account and I believe I am the beneficiary. She was on Medi-Cal and Medicare. Will I be able to use those funds to pay for her final experiences and pay off...
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 her last illness expenses, including funeral costs are to be paid from her trust estate first, then payments to creditors and then to beneficiaries. Have you notified the California Department of Health and Human Services? If not, please do so and they will tell you how much is due, if anything. Contact a trusts and estates attorney in your area to assist you in administering your mother's estate.See question
i live in wa. and my mother lived in ca. i am a benificiary and I have some concerns RE: my mothers belongings. The Trustee who is not related, and was my moms house cleaner gets angry with me when i bring up going down there. I feel she is hid...
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 breach of trust. Make a formal demand for a trust accounting from your mother's date of death to the present. If the trustee fails or you feel the accounting is inaccurate, contact a trusts & estates attorney in the county in which the trustee resides. You may have to petition the court to review the acts of the trustee under probate code 17200.See question
the administrator has stated that if I drag my feet in any way she will have me removed from the property
You bet! Serve the required notice to vacate and hopefully the person will vacate without having to file an unlawful detainer action.See question
Please send any info to: Tanna Lund. E-mail: firstname.lastname@example.org Thank You!
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 may need more than just a power of attorney.See question
giving them control over her medical care,bank accounts and if she were injured I have no say so in her care. She is now back with me and I want to know how to get this removed. Thank you Tracy West
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.See question
It was a living trust and now is a revacable trust. In it it says I cannot remarry , if I do I forfiet my trust. It has been 3 yrs and I have met a very nice older gentleman and we want to get married. The problem is, he makes about $25000 or ...
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 it deemed unenforceable, however, be careful if the trust contains a no contest clause. Contact a trusts and estates attorney in your area to discuss your options.See question
One child has taken over...and says is his...not oldest...
Dad's estate passes to each child in equal shares. If dad owned a house or otherwise had assets over $150k, his estate needs to be probated. Speak to a trusts & estates attorney in your area.See question