Living trusts

While having a will with a living trust is not strictly required, it is strongly. The will is necessary to transfer any assets into the trust in...

Depending upon how the life insurance was paid for may effect the ownership rights on the policy. Frankly, this is an area that is very fact...

Do I need a probate attorney? How can I get a Power of Attorney after a person has passed away? (Doesn't seem possible).

California has a summary probate declaration for assets less than $100,000. A proper declaration pursuant to Probate Code Section 13100 would be a...

As a general rule, a trustee can loan money to any party - so long as it is reasonably secured and meets the requirement of the prudent investor...

My mother has a Revocable Living Trust made up in 1999, first question; should it be update?

My standard advice is to have the estate plan (which would include will, trust and other documents) reviewed at least every five year and more...

Paying my elderly mother's bills

I am sorry to hear that you are having to deal with this process. It can be very difficult, especially if you are having to deal with it...

If you have a will, do bank accounts with pay on death designations count?

I am assuming your mother lived in California at the time of her passing. As a general rule, the designation of a beneficiary on the bank account...

Is my mother responsible for probate costs

As a general rule, probate costs such as legal fees and administrative costs are paid out of the assets of the probate administration. If your...

What is the legal responsibility of the PR to others noted in the will?

A trustee and a personal representative have a fiduciary duty to the beneficiaries of trust and an estate. Amongst those fiduciary duties and a...

My father past away and left me one of his houses but he didnt have a chance to transfer names before his passing what do i do ?

I am sorry, but I have to confirm what you have been told. So long as it is real estate (real property), If your name is not on the house, and...