My father passed away this past March. He did not have a will but he left a Trust. My brother said he was named the Trustee. I asked my brother if I could see a copy of the Trust and he flat out declined. He said that "by law he is the only on...
Under Probate Code Sections 16060-16069, you have a right as an heir of your father to receive a required notice under Probate Code Section 16061.7, as well as a copy of the terms of his trust.
See an estate lawyer, and have him/her send a demand letter to your brother for a copy of the trust. If he then fails to provide it, you may need to go to Probate Court for an order compelling him to turn over a copy, and possibly requesting that the Court remove your brother as trustee because of his refusal.See question
My grandmother just past away July 2, 2016 right before this one of my uncle's stepped up and had a trust set up for her. According to what I was told by my grandmother I got everything except the house and the house was to go to my uncle with som...
Specifically, Probate Code Section 16061.7 requires notice by the trustee of a trust when it becomes irrevocable, such as through the death of the original creator of the trust (the settlor or trustor). The notice has to sent to all named beneficiaries in the trust, and those who would be the heirs under the law for the person who has died.
If you are in fact a beneficiary of the trust, you are entitled to this notice and a copy of the terms of the trust from your uncle. You also should not sign anything until you have consulted with legal counsel about your rights and to review whatever your uncle wishes you to sign.See question
My husband has a trust fund when he was a single /// Now we get married for 4yrs. The trust book was on his brother /// now my husband wants to renew about the trust book but the brother they dont want to give to my husband ?
It is not really clear what you were asking. You should schedule a consultation the local San Jose trust attorney and bring in all the documentation you have. Then you may be able to get an answer to your question.See question
My trust from 20 years ago does not include my IRA. The IRA does have a beneficiary designation. Do I have to put the IRA into the trust to avoid probate?
You actually would not want to transfer your IRA to a living trust, because that would be considered a distribution of the entire value of the IRA in the year you did that.
Having a beneficiary designation does bypass Probate, but only if the beneficiary is alive. Consider creating a standalone retirement plan trust to be the beneficiary of your IRA, because then you can have the same kind of "remote" beneficiaries that your living trust has. A standalone retirement plan trust can also provide asset protection for the value of the IRA when it is passed on to your intended beneficiaries.
You can watch my informative seminar on this subject on Youtube at https://www.youtube.com/watch?v=MTSlR3TlfS4See question
I read through my parents' living trust and it says that "the only way to protect a beneficiary entitled to government support is by creating a special needs trust, excluding that person as a beneficiary of your living trust, and making that indiv...
The much better approach if you have a person who has special needs is to create a standalone Special Needs Trust for them ahead of time. Then any assets that are intended to benefit that person can be directed to the Special Needs Trust from the living trust.See question
We had to have a conservatorship declared for my mother due to her declining health. She passed on March 5, 2016. The trust names the county as executor. I was advised by the county executor that as next of kin I have priority standing to be ap...
You mention a trust, which would suggest that your mother's property was not owned in her individual name, but instead in the name of her trust.
If that is the case, filing a Probate proceeding to be appointed as Personal Representative for your mother is not right way to go forward. Instead, a petition to the Probate Court to be appointed as the successor trustee of your mother's trust would likely be a better option.
I suggest that you have all of your mother's paperwork reviewed by local estate planning counsel to determine what the best approach would be to take over and sell your mother's home, especially if you do not want to waste any time or money.See question
I had some estate documents notarized (Trust, acceptance of asset assignment, trust grant deed, and health care directive). The new CA requirement - boxed wording "A notary public... ... accuracy, or validity of that document" was left out of the...
The notary is correct. Often legal documents have a form of notary acknowledgement that is no longer valid. Attaching a correct notarization form is appropriate. As an alternative, the documents can be redrawn with the appropriate notary language, and then re-signed and notarized again.See question
Should I hold the condo and my personal property in a trust if I want to leave my condo and all personal property to a friend. There is a mortgage on the condo. Can title go directly to my friend for him to decide whether to sell it or mortgage ...
Yes. A living trust would be most appropriate. Your friend can then sell the condo or refinance it to keep it, unless your current bank permits your friend to assume your mortgage.See question
American husband gives 1/2 estate to old girlfriend. Taiwanese wife does not realize. Both have resided in California for 10 years of marriage.
It is not clear from your question what you mean by "sign over." Did the husband leave property to a former girlfriend through a Will or using beneficiary designations, or did he transfer the property while he was still alive?
If he was still alive, and the property was community property, neither spouse has the legal right to transfer any part of community property without the consent of the other spouse. If that was the case, then the Taiwanese wife can sue to get the transferred property back. This would be a family law matter, and not an estate matter.
If the husband passed the property through a Will, then he can give his share of community property to anyone, including an ex-girlfriend. However, if a pension plan or other ERISA plan like a 401k, 403b, or similar plan is involved, the wife's express written consent would be required to do this. Also, most companies handling IRA accounts would require the wife to "sign off" on any beneficiary designation that was to someone other than the wife.See question
I want to set up a trust to leave everything to my adult children with my daughter as trustee. But I have one son with a substance abuse problem, and would like to leave him a monthly allowance so he can't waste his inheritance all at once. I do n...
All of that can be accomplished with a well drafted living trust. As for having another trustee for your son's share, that is also possible. Depending on the value of the trust share, a corporate trustee may be too expensive. An individually licensed fiduciary acting as trustee would likely be more cost effective.See question