A trust is not an entity. Only the trustee is the real party in interest for a trust. If this is your revocable trust, then you are genearlly...

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What is a constructive trust?

A constructive trust is a legal remedy. It is not a kind trust that is created by a settlor. The court imposes a constructive trust on the assets...

Okay, this is what someones Will says, it's a bit lengthy for me to type but I need to so ....PLEASE give opinions....

The executor will need to file a Probate Code 11700 petition to determine which charities are to receive the 50% bequest.

If a will shows that the testator had contrary intentions for the residuary & the beneficary died before all the schedules...

First, with regard to unclaimed property, an Final Order Distributing a probate estate will ordinarly have an omnibus clause to distribute any...

So if theres an Administrator & an Executor of an Estate, does that mean there a will & then also not a will..?

An Administrator is a title that may be given to the Personal Representative of a Will in a situation where the appointed Executor of the Will is...

The Bank of America(Executor) & the Public admin.did not notify heirs of their Uncles Will in probate in San Francisco

I agree. Heirs at law must be notified of probate of a will. The probate court is without jurisdiction unless heirs at law are given notification...

What action should I take?

My first impression of this issue is that one of the Trustees is self-dealing. If I understand you correctly, the trustee is occuying trust real...

Can foreclosed property be sold after owners death and before probate?

I'm in California, and so the law is different here than in your state. I had a recent probate with the same issues. After the foreclosure, the...

Probate and Trust

Beneficiaires of trusts often have rights afforded to them under the Probate Code or laws of their state. (I am a California Attorney.) In...