I am preparing my house for sale in the next 2 months.
Who established the trust? If you set up the trust and you are also a beneficiary, then it will not protect you against creditors whether you set it up yesterday or 50 years ago.
California Probate Code section 15304(a) and (b) make it extremely difficult for a California resident to establish a trust that offers creditor protection.
My office is in Palo Alto. I'd be happy to assist you with this.See question
I looked at several Durable POA forms - each states only _medical_ reasons. But now I found http://www.avvo.com/legal-guides/ugc/powers-of-attorney-2 where it says, "This document may be used when a person becomes mentally or physically incapac...
There are 2 different POA types - one for medical matters and a separate one for financial matters. In addition, the financial POA can be set up to handle transactions while you have mental capacity to do things yourself or when you are incapacitated.
Most title companies have very specific language that they want to see in a power of attorney that permits someone else to sell your real estate. Most forms you find on the web or in an office supplies store lack that language.
As the other attorneys have said, you need competent legal advice to make sure that the form will work when you need it to.
My office is in Palo Alto. We'd be happy to assist you.See question
Mr. Carrier's answer works for California, too. If you want to make sure you're always notified of court petitions, then you can fill out a form called "Request for Special Notice". Make sure you follow the instructions regarding sending it to other heirs/beneficiaries, the personal representative, the personal representative's attorney, and the Court.See question
I have 2 siblings and our uncle is the executor of our probate. Our lawyer has told us we've done everything we needed and the executor has also. That it's just a matter of things on his end. That has been the story for the last year! When the exe...
File a petition with the probate court to have the executor removed for failure to complete the probate - if it's his lawyer's fault, then the executor needs to fire his lawyer and hire someone else (or file a petition to finish the probate "in pro per").See question
Married, have a home. Son is disabled, so we need to be able to give him everything, but keep him eligible for medicare when he turns 18. Have 2 other children.
Both Mr. Pippen and Mr. Frederick raise good points. I strongly suggest that you contact a certified specialist in estate planning law. You can find a list of certified specialists in Riverside County here: http://members.calbar.ca.gov/fal/MemberSearch/AdvancedSearch?LastNameOption=b&LastName=&FirstNameOption=b&FirstName=&MiddleNameOption=b&MiddleName=&FirmNameOption=b&FirmName=&CityOption=b&City=&State=&Zip=&District=&County=RV&LegalSpecialty=06&LanguageSpoken=&x=88&y=8See question
My mother would like to write me out of her will. I have 2 children and we are financially secure. My brother is unmarried and has no children, but has no money and no pension plan. Is there a clause that would leave use of the house to my brot...
The other attorneys are correct that this can be done. However, if you want to keep your mother's property tax basis ("Prop 13"), she will need to make sure that she does not accidentally trigger an increase in property taxes when she does this.... it would actually be better from a property tax standpoint for her to provide that your brother has the right to live in the house for his lifetime and then upon his death, the property passes to you.
HOWEVER, depending on the size of your mother's estate and how many gifts she has made during her lifetime, there might be estate tax reasons not to do what I just suggested.... it would be best to review the entire situation with an estate planning lawyer who is familiar with both estate/gift tax law and the best way to preserve the parent-child exclusion from property tax reassessment.See question
...above gifts, & after death taxes, the payment of my debts, & the expenses of my funeral & last illness & of thde administration of my property & estatte, costs, expenses of litigation,counsel fees or other charges the Executor may incur shall b...
Without reading the entire will to make sure there isn't another gift somewhere, I would be guessing. However, based strictly on what you quoted above, it appears that the will contains a serious error. If the person who created the will (the "testator") is still alive, I suggest s/he go back to the lawyer who made the mistake and have it rectified immediately!
If the "testator" is not alive, then the will will need to be submitted to probate. There are (at least) 2 possible outcomes:
a) Mike Smith can try to prove that there was an error in the document and that he is supposed to receive the "entire" residuary estate or
b) the 50% that does not go to Mike Smith will pass by "intestate succession" to the "testator's" nearest surviving relatives.... if Mike Smith is a half-brother and there are no other siblings, then it would appear (based on the information you provided) that he would end up with the entire estate.See question
13 year old is living with grandparents who have legal guardianship.She is not happy there and is abused (hit, slapped, mistreated) and wants to leave. Can she petition to live with her uncle. Not only can she have a better life but a chance at li...
Mr. Carrier's answer might be correct under Michigan law, but in California a 13 year old is old enough to file his or her own petition for a change in guardianship - in fact, California law provides that a 12 year old is old enough to petition for guardianship. See California Probate Code section 1510(a)].
There are nonprofit agencies that will assist the child in petitioning for guardianship. In Silicon Valley, there is an organization called "LACY" (Legal Advocates for Children and Youth). In Los Angeles County, you should try contacting the Children's Law Center of California.See question
Looked for heirs on heirs.com, ancentry.com, placed an ad in Austin, TX newspaper.
You don't provide quite enough information to answer your question, but if the heirs were named in the probate proceeding and they can't be found, then as a general rule the assets are supposed to be transferred to the County Controller's Office to be held until the heirs claim them.See question
All parties request no probate .
As Mr. Tigerman says, the hearing on the petition cannot be "stopped" if the person who filed the petition complies with the proper procedure. However, if you have a "legal interest" in the estate (for example, if you are an "heir"), you have a right to appear at the hearing and object to the petition.
Be aware that this is not "Judge Judy" or "The People's Court". The judge will give you time (usually 30 to 45 days) to find a lawyer and file a "contest" or an "opposition" to the petition. If you don't do that, then the petition will probably be granted on the rescheduled hearing date.See question