My parents are in their 80s, somewhat impaired, but not incapacitated. I'd helped them with tasks of daily living and kept an eye on their bank account and bills for the past year. They don't use credit cards or gamble. There was no imminent catas...
Your parents are fortunate to have you looking out for them.
Presumably, your parents have a revocable trust. As trustors/settlors of their own trust, your parents have the ability to amend their trust during their lifetime and while they possess the requisite capacity. This would ordinarily include the ability to change trustees.
I agree that the cost of the caregivers seems excessive based the facts provided. The tasks you've described concern care of household tasks which do not require 24 hour care.
I would recommend that your parents consult with an estate planning attorney regarding the changes they would like to make.See question
In process of divorce. Currently have a family trust written over 10 years ago. Can I legally write a new will to amend who I leave my estate to before the divorce is final? Specifically, I want to be sure my estate is left to someone other tha...
In addition to the excellent advise you've been given here, I would just add that if you and your spouse are both trustors/settlors of the family trust, then you should both revoke the trust. This can be done before the divorce is final. You can then execute a new trust.
If your spouse is uncooperative, you can still create a new trust and fund the trust with any (undisputed) separate property. Once the property issues of the divorce are settled and any assets subject to the divorce are in your name only, you can transfer the assets into your new trust.
If your spouse is not a trustor/settlor of the family trust, then, as you've been advised amend or restate the trust.See question
My sister passed out 2 months ago, she appointed me as trustee. and I'm unable to act. the trust document doesn't say who is the next trustee The trust including all her asset for 2 houses and 2 banks account. My questions: 1-Can I appoint he...
I am sorry for your loss.
Even if another successor trustee is not named, most trusts include terms by which a successor trustee can be appointed. The terms of the trust control what can and cannot be done to appoint a successor trustee.
You are on the right track by consulting with a trust/estate planning attorney about this. The attorney will need to review the trust document in order to advise you as to the best procedure for appointing another trustee.See question
My dad died at the end of July, leaving myself and my two brothers beneficiaries of a trust. The trustee is my step mom. They were married for more than 20 years. We have always had an adversarial relationship. I requested a copy of the trus...
I'm sorry for your loss.
You and your siblings may have a case for financial elder abuse and other causes of action against the stepmother. On the other hand 20 year marriage is a lengthy one and even individuals with dementia can possess the requisite testamentary capacity to make changes to their estate documents. That said, your post seems to indicate that your father's mini mental exam score showed significant impairment.
I would recommend that you and your siblings consult with an elder law attorney. The attorney can review the trust and other relevant documents, and then advise you as to the best course of action. More information would be needed in order to determine potential costs/fees involved in pursuing an action. If you do consult with an attorney and he/she has reviewed all the available documents, then he/she should be able to provide you with a rough estimate of fees and costs.See question
A decedent's trust was not updated prior to his death and he is survived by the decedent's deceased executor's only daughter. Does the estate now go into probate?
The fact that a trustee or successor trustee has died does mean that the estate must would need to be probated.
The trust ordinarily will name another successor trustee if the first named successor is unable/unwilling to act as the trustee. The trust usually also contains terms as to how a successor trustee can be appointed or named if no named successor trustee is willing or able to serve. If the trust does not contain such provisions, a petition can be filed in the Probate Court asking that another individual be appointed.
If I understand your post, the decedent named someone as his successor trustee but that named individual has also died. The fact that the deceased trustee is survived by a daughter is not really relevant in and of itself. Is the daughter related to the trustor (the decedent who created the trust) or is she a beneficiary of the trust?
You should consult with a Probate and trust attorney regarding the issues here. The attorney can advise you as to the best way to proceed.See question
My dad's lawyer was handling the 2 commercial rentals but since he passed the lawyer sent me a letter stating "I was your father's attorney. I am not your attorney. Get your own attorney". The weird part is he emailed 1 tenant and him to" hold off...
I'm so sorry for your loss.
Your father's attorney was correct, you will need to retain your own attorney.
If your father did not have a trust, then your father's estate, including the commercial properties, will likely need to be probated. You can petition the court to be appointed as administrator of his estate. Once appointed, the tenants would pay the rent, including the back rent, to you as administrator of the estate for deposit into an estate account until the estate is settled
. If your father had a will and you are not named as his executor, you can still file a probate petition if the named executor has not done so.
As you have been advised commercial real estate and Probate can be complex areas of law. I would recommend that you consult with a Probate attorney. The attorney can advise you as to the best way to move forward on this.See question
In the section regarding distribution of the Residuary Estate in my will, in the first paragraph I have specified 100% to go to my wife and in case of her death to my surviving children in equal shares. But, then the next paragraph specifies 100% ...
From the information provided, the residuary distribution clause of your will appears to have conflicting provisions. As you have realized, it would be impossible to distribute 200% of anything.
You will need to either have a new will or codicil to your will prepared, signed and witnessed.
It is recommended that you meet with an estate planning attorney so that he/she can review your present will and make a recommendation to you based on that review.See question
We're going through probate to sell our deceased mother's home. I am the administrator for the family of five siblings. The oldest brother is incarcerated and is in agreement with our actions. Is it possible for him to give me POA for this pro...
Yes, it is possible. I just finished a Probate where we had to do exactly that.
Your brother could also appoint another of the siblings, or an adult child (if he has one) or a spouse (if he has one). Whomever the agent/attorney-in-fact is under the power of attorney must make sure that they are acting in accordance with your brother's wishes.
Even if your brother appoints you or another individual as agent/attorney-in-fact, you still need to provide him with all notices required for the probate. This includes a Notice of Proposed Action concerning the sale of the home.See question
I'm turning 14 in march. My dad is verbally abusive and I don't feel emotionally/mentally safe when I'm around him. My parents are still together and my mom won't do anything about him. I have depression, anxiety and insomnia and he uses those aga...
I'm sorry to hear about your situation. As a 14 year old (soon), you have the ability to petition the probate court for guardianship.
Unfortunately, you would not be able to nominate your mother as your guardian. She and your father have parental rights and such have custody of you already.
You might want to speak with your aunt or the friend (assuming the friend is a responsible adult) about whether she/he would be willing to act as your guardian. Perhaps whomever is willing to be your guardian and you can speak with your parents. Do you think your mother will consent to the guardianship?
You and the individual who may be willing to become your guardian should consider speaking with a Probate attorney who has experience with guardianships. Here is some information on guardianships in Sonoma county http://www.courts.ca.gov/selfhelp-guardianship.htm.See question
My Grandfather left a portion of his estate to his wife. Before his trustee gave her the total amount owed, his wife passed away. Does the Trustee of my Grandfather's estate need to give the remaining balance to the estate of his deceased wife o...
The answer to your question depends on the terms of your grandfather's trust, as well as how long your grandfather's wife died after your grandfather.
Although it's unclear from your post, it sounds as though the wife received a share of the trust estate already but died before receiving the entire portion. If so, she likely survived her husband sufficiently. If that's the case, in all likelihood, her remaining portion would pass to her estate.
The best way to receive a definitive answer is to consult with an estate planning attorney. The attorney can review the trust and obtain the necessary information from you and then advise you as to the distribution of the wife's remaining portion.See question