How do you distribute the car asset value that isn't in the trust if 1 beneficiary wants to inherit the car?
Brian's answer
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Answered on July 17, 2025
Your suggestion makes sense, your brother's (the successor trustee) does not.
Take the car and give each brother $6k; split the remaining cash in...
Can an assigned agent for medical power of attorney add a co agent as an alternative to redoing the trust?
Brian's answer
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Answered on July 08, 2025
I don't think that there is any language in California's Advance Healthcare Directive that allows for the agent acting under such directive to deal...
Question about asset protection for an irrevocable trust?
Brian's answer
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Answered on July 02, 2025
The kind of trust that you are describing is a "self-settled" asset protection trust. Unfortunately, California law does not extend asset...
If a trustor wanted to disinherit one or more beneficiaries, could that be done by amending the trust?
Brian's answer
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Answered on June 20, 2025
Don't sign that receipt until you have a lawyer review the trust and the amendment!
I'm not a litigator but I am a certified specialist in estate...
When a trustee hires an attorney is that attorney working for the trustee or for the trust and beneficiaries as a whole?
Brian's answer
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Answered on May 27, 2025
If a Trustee hires an attorney, that attorney represents the Trustee, not "the Trust". That lawyer will advise the Trustee only, not the...
We are sisters in law. Can we have one revocable trust to hold title to our condo in California? We own it now as joint tenants?
Brian's answer
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Answered on May 08, 2025
I think that would be too complicated. Presumably, the reason you want to have the property in a trust is to 1) change the disposition of the...
I have a POA for my mother that places me as the principal when she becomes incapacitated, can I sell her home upon her death?
Brian's answer
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Answered on March 14, 2025
Sorry, but no, after your mother dies, the power of attorney is no longer valid. Your mother should either create a living trust or execute a...
Does this withdrawal appear to be legal, and am I protected?
Brian's answer
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Answered on January 29, 2025
It's really hard to say without seeing the trust. I'm assuming that the "martial trust " is for the exclusive benefit of your mother during her...
Correct way to transfer property?
Brian's answer
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Answered on January 16, 2025
Unfortunately you will have to file a petition in probate court in Kern County. Whether that needs to be a full probate case, or a "Heggstad"...
Can I record my revocable trust without having real estate in LA COUNTY ? If I can't what law enforces that I cant record it?
Brian's answer
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Answered on January 13, 2025
If the LA Recorder is telling you that a trust is not recordable, it is probably due to California Government Code Section 27279(a), which defines...
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