My husband and I live in California and have set up a trust leaving our entire estate to our two sons equally. One son is divorced, and the other is married to a woman to whom we do not wish to "get her hands on" any of our hard-earned money. Is t...
The only way to assure that property does not make it into the hands of a daughter-in-law would be to leave the property in trusts for your children, with someone OTHER than your children as the trustee in charge. This is especially the case if you are concerned about a child commingling or otherwise giving access to an inheritance to a spouse or other party.
You should consult with legal counsel who can draft the appropriate estate planning to protect the inheritance from spouses (and other potential creditors as well).See question
I have 3 properties in Alameda county, CA. Will properties go to probate without a living trust even if I have children ?
Probate is triggered by the fact that you own property (personal or real) in your name or payable to your estate at death, where the property is more than $150,000 in total value, which could include real estate up to $50,000 in market value.
Right now, your estate will go through the Probate process without taking further action, such as preparing a revocable living trust and transferring the ownership of your property into the trust ownership.
Living trust planning is more complicated than people think. You should consult with an experience estate planning attorney to assist you.See question
My 95-year-old mother-in-law disinherited my wife six months before the former passed away. On the Notary to validate her stated intentions, she badly misspelled her name twice on two signature lines. My wife and I are challenging the validity of ...
In addition to the other answers, unless your mother's original trust required it, there is no requirement that a trust or amendment to a trust be notarized at all. That may have figured into the Judge's decision.
The key factors would be if your mother-in-law did, in fact, sign the amendment, and she had the legal capacity to do so at the time. The fact that the drafting attorney also acted as the notary is more evidence of validity. In general, misspelled names are considered minor errors, which often happen for many reasons.
Unless you are disputing that your mother-in-law did NOT sign the amendment and/or that she lacked the legal capacity to do so, the amendment is likely completely valid.See question
I have a life insurance policy that will pay $500k when I die. Should I be naming my son as the direct beneficiary or my trust (that names him as the sole beneficiary)? Isn't the same goal achieved (my son gets the $500k)? What are the pros and...
I would recommend naming the trust instead of your son, and also that you consider having your property left in a lifetime trust for your son. With property trust planning, your son's inheritance (including the life insurance proceeds) can be protected from future creditors, divorcing spouses, and tax liens.
Consider having your trust reviewed to see if it is a "dynasty" or "legacy" trust.See question
house was sold at trustee sale. Turns out my loan was not in default but attorney and trustee fees of $8.500 were paid from surplus funds. Since there was no default, the attorney and trustee expended no efforts to enforce the obligation. Can i...
Unless the trustee and attorney knew that there was no default, your only recourse may be to go after the lender for those fees. If the lender put you into the foreclosure wrongfully (i.e. there was no default), the lender is the direct cause for the loss of moneys paid out for trustee's fees and attorney's fees.
I believe you need to consult with an attorney, probably real estate, that deals with foreclosure issues.See question
I have a client attempting to sell me 3 properties to my company. She claims rightful ownership of the parcels as per a Trust in her parents name. This trust assigned 50% conveyance to her and 50% to their niece. This has been contested in court f...
A petition such as what you indicated would normally be filed in the county where the deceased person lived and died, or in the county where the trust was administered after the death of the original owner. The petition would be filed under the name of the trust itself. So, if you can search the court records of the likely County or counties involved, you should be able to find a listing for the petition under the trust name. Of course, if there is no such petition, then the search will come up empty.See question
Mom and dad have a Trust. When dad died, the trust was split into the By Pass Trust (dad's) which contains the money and is irrevocable, and the Surviving Spouse Trust (mom's) which contains the house only and is revocable. I tried to dissolve t...
If you have already taken incorrect steps to dissolve your mother's trust to transfer her property into your name, then you cannot get any advice in a public forum. There is no way to know just what you did that needs to be corrected.
You should consult with legal counsel to help you handle the correction.See question
The living trust is in CA
If a valid Will is involved AND a Probate is even necessary, you would be seeking Letters Testamentary. However, it is likely a Probate will not be necessary.
If, for example, assets owned by the deceased person do not exceed $150,000 in total value, a Small Estate Affidavit under the Probate Code could be prepared by the named Personal Representative or "Executor" named in the Pour-Over Will. This Affidavit can be used to take over that property and turn it over to the living trust without a formal Probate proceeding. Even real property in California with a market value of under $50,000 can be handled in this way.
You can find a good discussion and self-help assistance at http://www.courts.ca.gov/10440.htm.See question
My mother died unexpectedly and did not sign the back of the stock certificates over to me. It is not listed in her trust but she has a pour over will. I am the sole heir and successor trustee on her trust and pour over will leaves everything to ...
It may be that the trust itself has language assigning interests such as the co-op stock into her trust. There may also be a general assignment of property into the trust as well. If the pour-over will does not name her trust as the beneficiary of any assets subject to probate (such as the co-op stock if it is worth too much), but instead names you personally, you may have to probate the stock to receive ownership.See question
charles triay law firm bullied me into signing docs as blackmail and i was too traumatized after mom's death to even read it so now after all 5 homes in estate were sold there's a home outside estate can i try for that home
Nothing can be answered through a public forum. You need to consult with estate planning legal counsel in Alameda County to assist you.See question