The current trustee should file a petition to determine ownership of trust property under Probate Code section 850, or a quiet title action. You...

If your son will cooperate, it is relatively easy to undo the irrevocable trust. Without his cooperation, you will need to file a lawsuit. This...

What does it mean to "fund" a trust? And what dollar amount are we talking about?

There are two aspects to this: the first is a rule that says that a trust must have some property in it in order to exist. So every trust should...

Can a first in line trustee change the beneficiary in a trust/will post death?

The asset should go to the people named as beneficiaries - successor trustees are managers of the property, and their responsibility is to follow...

If a family member has a lawyer ask for a copy of a trust from the executors does the trust get put on hold for 4 months?

When a trust becomes irrevocable, the trustee must send a notice to each of the beneficiaries and heirs at law. The notice gives those people 60...

I COULD USE SOME CLARIFICATION ABOUT A SPECIAL PROVISION IN A TRUST DOCUMENT

You need professional help. It is very unusual for a trustee to use attorneys working on a contingency basis; and it sounds like the trustee is not...

Can a living trust/will from 2002 supersede a living trust WITHOUT a will from 2008? Both have a different trustee & beneficiary

It is possible for one person to have many trusts, all of which may be valid. The 2008 trust may have replaced the 2002 trust; or it may have been...

My brother without cause filed a restraining order against me for elder abuse of my mom. Can I have a public defender?

You should find an attorney experienced with restraining order proceedings to represent you; if a permanent restraining order is issued, that can...

I am going through Probate with my mother's estate and I would like to know if the mortgage company will demand the balance owe

Federal law (the Garn-St. Germain Act) says that the lender cannot demand the entire balance from you, or force you to refinance. Your attorney...

Hidden TOD POD accounts discovered. What should I be asking holding Co?

Your interest in a POD or TOD account only vests at death - if the funds were removed prior to death, they weren't yours. If you were also a...