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My father is 84 years old & would like to put us kids on the title of the houses. What kind of attorney do we need to see that: can help us with that. We want to keep the properties under prop 13. There is also an issue with one of my siblings being disabled & receiving Medicare & Medicaid-we would want to protect any potential inheritance.

Asked over 6 years ago in Estate Planning

Shirley’s answer: The prior answers by the other two attorneys are correct. One further comment I would like to add is that because one of your siblings is receiving entitlement government benefits, if proper estate planning isn't done for your father, the inheritance to that sibling will likely interrupt, if not terminate, his eligibility to receive those benefits. Have your father see an qualified estate planning attorney to address these issues of the special needs of your brother, potential gift tax and property tax issues, as well as issues to avoid the probate process and having an orderly transfer of assets to you and your siblings.

Attorney Disclaimer:
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. This answer does not create an attorney-client relationship.

Answered over 6 years ago.


My husbands family had a living trust.he was trustee. he has aphasia from stroke but does understand can I as his wife represent: can my husband yet be the trustee.with me speaking for him or do I have any rights as a wife since 91.his parents passed as sole heir does the trust end. Do I have property rights as a wife if it does from the state of calif. we went to an attorney and he gave me power of attorney over all his real estate and propertys.yet his relatives ganged up on us and took all. putting in a home and all I get is to call him teus and thurs at 7:00. the trustee evidently did not hold trust but sold and transfered propertys to his name and supposedly conserved my husband. threatened my life. As well as his Xbest shadow friend whom somehow got our 2 timeshares. I'm in doubt as to the conservation at this time . I went to a family advocates for court .clerk did not let us enter to protest.#wrong.lost case

Asked over 6 years ago in Trusts

Shirley’s answer: This question is a little hard to discern, but what I gather from your question is that your husband was at one point the trustee of his parents' trust. However, he suffered a stroke and I assume does not have capacity to serve as Trustee any longer. Based on your question, it seems that your husband has been conserved and you are not the named conservator for your husband.

To speak in general terms, if your husband does not have capacity to act as Trustee, the named successor Trustee after him shall serve as Trustee of the particular trust in question. Although your husband may no longer be the Trustee, he is still a beneficiary of the trust (assuming he is a beneficiary of the trust). The new successor Trustee has a duty to manage the trust assets allocate to your husband and cannot simply "take" the assets away from him. The new Trustee has rights to sell assets, but those proceeds should be in trust for the benefit of the beneficiaries.

Depending on the provisions of the Trust, you may or may not have beneficial interest in your husband's distributive share from the Trust. You need to see what the trust says. Also, as a rule, when one inherits assets, those assets are the sole and separate property of that individual. In other words, there is no community property interests in your spouse's inheritance.

If your husband has been conserved and you have missed your opportunity to initially be named as your husband's conservator, you will need to Petition the Court to have the current conservator removed to request that you be named as the conservator instead. I imagine if the current conservator has been abusing his authority and not allowing you to see your husband, that you have cause to seek the removal. If the Power of Attorney signed by your husband also happens to nominate you in advance as his choice of conservator, you will likely want to present that to the Court.

It would be best if you retain legal counsel. Good luck to you.

Attorney Disclaimer:
Although the response is believed to be accurate, it should not be relied upon as any type of legal advice. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney-client relation is formed with me without a written contract. This answer does not create an attorney-client relationship.

Answered over 6 years ago.


Educational Trust fund interest is being with held by the executor: My brother and I are beneficiaries of seperate educational trusts, set up by our grandmother. Our mother is the executor of this trust and has always done the paperwork every year to obtain the trust interest and provide us with the apropriate tax paperwork. However, it is never given on a specific date, usually just days before Taxes are due, and this year she is threatening to with hold interest funds due to a family fued. Can she do this? what are our options to receive this money in a timely manner?

Asked over 6 years ago in Trusts

Shirley’s answer: I agree with the above answers provided and would only add that taking your mother to court to enforce the terms of the educational trust should be a last resort. It will likely irreparably damage your relationship with your mom and the costs and expenses to filing a Petition with the Court for a trust accounting and/or to order the distribution of income to you and your brother may exceed the distribution owed to you in the first place.

If it is at all possible to mend the feud, that would be your best option.

Attorney Disclaimer:
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. This answer does not create an attorney-client relationship.

Answered over 6 years ago.