I live in San Francisco and my mother lived in Los Angeles, California. My mother's sister also lives in Los Angeles and got power of attorney when my mother came down with dementia. I want power of attorney to put my mother in rehabilitative care...
I agree with Mr. Frederick. You'll need to petition the probate court to be appointed as your mother's conservator. However, given that she gave a POA to your aunt, the court might very well conclude that your aunt is the person who should be named as conservator (sometimes a POA form will contain a "nomination of conservator" clause that says something to the effect of "if a court concludes that I need a conservator, I nominate the person to whom I have given this power of attorney").
If your mother lives in Los Angeles, then you will need to file your petition to be appointed conservator in Los Angeles.See question
Trying to find a way for self-directed IRA to own real estate that I can legally use too. Perhaps each party owning a fractional interest? Shares managed professionally and funds kept separate?
If you read the rules regarding self-directed IRAs, you'll learn that you cannot do this.... it's like trying to separate drops of water that are in one glass. You cannot own any interest in property that your IRA owns without having the IRS take the position that you've taken a 100% distribution from your IRA.See question
please advise... ty
Mr. Daymude gave a good explanation. To add to it ... the generation skipping transfer tax applies if more than a certain amount is given to anyone other than your spouse and children or to unrelated people who are more than 37-1/2 years younger than you (so if you're 60 and you give assets to someone who is age 22-1/2 or younger, it would be a generation-skipping gift). Until Dec. 31st, you won't run into the generation-skipping tax until you give away more than $5.12MM dollars. Unless Congress fixes the law beginning 1/1/2013, you could run into this problem if you give away over $1MM.
The tax is a flat 55% on all gifts that are considered "generation-skipping transfers". That tax is in addition to - not instead of - the "regular" estate tax. So if you had a $6MM estate and gave it all to a "skip person" this year, you'd pay the regular 35% estate tax on $6MM - 5.12MM and you'd pay an ADDITIONAL 55% Generation-Skipping Tax. If you wait until next year and the exemption goes down to $1MM, you'd pay up to 55% regular "sliding-scale" estate tax on $6MM - $1MM (the exemption decreases next year and the maximum tax rate increases) PLUS the 55% GST Tax.
This is an area that has a number of very technical requirements and there are several exceptions to the rule (for example, if the donor is making the gift to his grandchild because his child - the grandchild's parent - is deceased, the grandchild is not considered a "skip person"). If you have questions, you need to consult a competent estate planning lawyer for assistance.See question
I would rather not wait a long time and my other siblings feel the same way. Is there much liability as a trustee and beneficiary of a trust that is partially distributed.
Presumably your father had a will that says something to the effect of "distribute my probate assets to the trustee of my trust to be distributed as set forth therein." If it does and if you've terminated the trust before the probate is closed, how will you be able to follow the terms of the will?
I have a different question ... why is a probate necessary? If you have a lawyer, I suggest you ask him/her why s/he's not filing a "Heggstad" petition or a Probate Code Section 850 petition? In most circumstances that would be a simple one-hearing case (at a fee that's far less than the probate fee).... it would ask the Court to transfer assets that weren't in the name of the trust due to "oversight" or other reasons into the trust. If the lawyer says that neither Heggstad nor section 850 apply, ask for that opinion in writing.See question
The estate was settled 25 years ago. My 1/2 brother was 15 years old. He now wants to see thepaperwork from my/our fathers estate. I do not have the paperwork, it was 25 years ago
If your question is "do I have to produce the paperwork?" or "should I have kept it", the answer is don't worry about it ... your half brother should have asked for it years ago (the clock started running when he turned 18).
Any rights he might have had to receive the paperwork expired long ago (the legal concept is called "laches" - an unreasonable delay in pursuing a claim. Furthermore, if he was 15 at the time of your father's death, he presumably had a guardian who was responsible for looking out for his legal rights.
It's doubtful he has any claim against you (especially if this was an actual court probate - the court order that the judge issued most likely says something to the effect of "the executor has competently performed all duties required of him/her." That would be conclusive (100%) evidence in any case your half brother might try to bring against you ... the Court has already ruled that you did everything right.See question
I need contact info for a international lawyer specifically one able to practice in Togo lome west Africa federal high court
I doubt that you will find a lawyer able to practice in Togo Iome on this website. You'll need to contact a lawyer in that country for assistance.See question
I am the Trsustee named in my deceased Mother's Trust. She added a Special Needs Section for my sibling. My sister is undiagnosed with any mental of permanant physical imairments and manages to work to support herself. She does however, receive as...
Without reading the trust it's impossible to say whether the special needs provisions are valid or not. But just because your sibling has not been diagnosed with any kind of impairments doesn't mean that the SNT isn't valid.
As for giving your sister a stipend and the other actions you mention, you really need to retain a lawyer who can advise you about your specific duties (and the risks you run if you don't fulfill your "fiduciary duties" - your obligations as a trustee).
In short, no one should be providing the kind of advice you're asking for without knowing a great deal more information than you could possibly provide in a forum like this one.See question
My friend is very ill and may not have long to live. Can she name her 18 year old son as legal guardian of his 16 year old sister in the event she dies? There is no other family. Is it legitimate if she writes it in a will and has it notorized or...
This sounds like a very sad situation.
Mr. Johnson makes some very good points. It is possible to have an 18 year old appointed - I actually helped an 18 year old obtain guardianship many years ago. But the Judge and the court investigator asked a lot of questions and the 18 year old only succeeded in being appointed because she had a steady job and had a lot of other unique factors going for her.
As for having a will notarized, California does not recognize notarization of wills. The will either needs to be completely in the "testator's" own handwriting OR it needs to be signed by the testator and witnessed by 2 people who are over 18 (not the son!). The witnesses have to actually see the testator and each other sign and they need to all stay in the same room until everyone has signed.See question
Unfortunately, if you don't know where your father-in-law kept his will, it will be virtually impossible to find. If he had a safe deposit box, you can go to the bank with a death certificate and the bank manager should let you search the box for a will (be aware: the bank manager will accompany you and won't let you take anything else out of the box).
You might also contact the local city/county bar association and ask them to send out an email blast to their members asking if anyone recalls having prepared a will for him.
If your father had a tax preparer or a financial advisor, they might know if he had a will and who prepared it.
You might also check with his friends to see if he ever discussed a will with them.
Otherwise, you will have to consider that he died "intestate" and proceed accordingly.
If you need assistance probating his estate, I have handled probates in San Diego County and would be able to assist you.See question
There are less than $2,500 of assets remaining my mother's name. Probate ended 12 years ago and unfortunately, there were a couple of assets that didn't make it into probate that were in her name. Do we need to open probate again? Is it worth ...
If the order for final distribution contained a clause that says something to the effect of "any after-discovered property shall be distributed to the beneficiaries in the same proportions as stated herein", then you should be able to show the bank a certified copy of the order and have them distribute the assets to you.
You might also be able to use a small estate affidavit.
Given that the filing fees and publication fees to reinitiate a probate would be well over $600, it probably would not be cost effective to re-open the probate.See question