My Uncle is an executor of a trust. He sold a house that is ours and is keeping the money. Is this legal? What can we do?

First of all, an unexecuted trust is no trust at all. Your question does not indicate who owns or owned the house that was to go into the trust,...

Do i still need a will and/or living trust?

In addition to a financial power of attorney, you should have an advance health care directive for medical decisions. At least a simple will...

Is there anyway to obtain a Letter of Testamentary via mail or fax? I live 8 hours from the county where my parents passed away

Banks always ask for "letters testamentary" even when they may not be required. If all of the assets of your parents are owned by their living...

If you have a revocable living trust and nosuccessor has been named can you file this in just civil not probate?

The answer is found in Probate Code Section 15660, as follows: 15660. (a) If the trust has no trustee or if the trust instrument requires a...

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Is this a possibility for spousal property petition?

Your posting indicates you are in Santa Clara County where I am located. The first question to answer is this: How were the properties in...

The technical answer is in Probate Code Section 8200: 8200. (a) Unless a petition for probate of the will is earlier filed, the custodian of a...

Can a CA corporation act as a settlor for a revocable inter vivos trust?

The short answer to your question is, "No, a corporation cannot set up a revocable inter vivos (i.e. "living") trust. Those are limited to...

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My father is dying. My mother had an irrevocable trust set up for her children in the event she died first (she did).

Probably you are in for a big fight if your stepmother is somehow asserting potential community property rights that would be held by your father,...

California is a Community Prop. State, can the surviving spouse benefit from a prop under a Trust before marriage?

Your questions actually overlap both estate planning law and family law. Brief answers (in order) are as follows: 1. Your friend was married...

I own a house along with my mother and father (1/3 each). What is the best way?

For the best results and the most flexibility, you should have your 1/3 share owned in a separate trust, and your parents should have their 2/3...