I don't have a disability or illness which necessitates a Special Needs Trust. My mother had it made for financial reasons not f

A person can create pretty much any type of trust they wish with their own property. If you apply for government benefits to which you are not...

Whether a guardian ad litem with court action is actually needed is pretty court specific. Here in Santa Clara County, for example, I regularly...

Can my children under age 18 be added to title of home?

The short answer to your question is, "no." Minor children cannot directly own anything, including an interest in a house. Minor children could...

Rental property held in joint tenancy with my father, his half in his trust, my half not in any trust. He now wants to sell.

I will start off by stating that it is legally impossible to own any property in joint tenancy between a trust and a living person. Trusts are...

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An aunt to leave all trust assets to her two nephews without losing all of the money and property to taxes. How to do that?

Based on the brief description you have provided, if the total value of the property and cash is less than $5,250,000, there would be no income or...

A beneficiary of a living trust is a minor. Should the trustee have to set up a new trust in child's name or stay in original?

If the original living trust provided for the minor's share to be left "in trust" for the minor, then a new trust would be created out of the...

Agreed. California law requires the custodian (i.e. current holder) of a Will to lodge it with the Probate Court in the county where the...

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Is POA still effective after death ?

As the other attorneys have indicated, the POA is no longer effective due to your father's death. If the value of the bank accounts and your...

My wife and I have two children and we want a proper estate plan/trust. We are in the US on visas and unsure of our options.

If you have lived here for 4 years, work here, own a house and have children born here, you are likely to be residents of the United States for...

Yes, you can. It all depends on how the living trust is drafted. If you need assistance, I am in San Jose. Please feel free to visit my...