Can a quitclaim invalidate a trust?
Based on your description, you, as trustee, distributed the home 50/50 to you and your brother when you signed the quit claim. What should have...
Irvine, CA
Estate planning Lawyer at Irvine, CA
Practice Areas: Estate Planning, Probate ... +2 more
Based on your description, you, as trustee, distributed the home 50/50 to you and your brother when you signed the quit claim. What should have...
The trustee is required to follow the terms of the trust, so if the trust says you can stay there free of charge, you generally can do so. I will...
You're correct and the person telling you that you need Letters is wrong. I'd write them a letter, quote from the probate code section, and send...
The good news is you will just need one lawsuit. Jurisdiction over a trust is based on where the "principal place of administration" is occurring,...
Find an attorney who does probate litigation to look everything over. If the Trust just the estate needs to be split equally -- not the home...
You should just be able to send the entity holding the 401K a small estate affidavit, death certificate, and maybe complete the claim forms. Some...
Use the original date. Your trust name doesn't change when you amend it or restate it. The whole point of restating a trust, versus creating an...
You need to clarify the question. Are you saying your mother's will says the home goes to your sister and on her death, it goes 50% to you and 50%...
Your understanding of how all this works is incorrect. I'm assuming you have an attorney already and that they've sent out what's called a Trustee...
It sounds like you may have a case for undue influence or maybe even a claim she lacked the requisite mental capacity and/or fraud. The...