All my mother's assets were depleted from her trust in July of 2000. She just died in June. What do I do with her empty trust?

The trust is not empty. The house was removed for a purpose and could have be re-deeded to the trust. Depending on the terms of the trust, the...

What is the process for removing an Administrator of a CA estate? It has been so contentious, can I step down I am sick of it?

I am not sure if you are asking what your brother has to do to remove you or how your resign. To remove you, your brother would have to file a...

Is it a violation of the no contest clause in a Trust if someone seeks to have an amendment invalidated?

If the challenge is only to the caregiver, the rest of the amendment may be valid. The California Probate code provides that the caregiver may be...

Selected as the best answer

How can i research the validity of the Lawyer who executed a revocable living trust when Avvo has red flagged her and notary?

I gather that the issue is to the validity of the amendment. The status of the lawyer is not relevant to the validity of the trust of any...

My sister passed away leaving me her bank balance. PERS overpaid her and her bank is demanding I return it. Must I pay?

It is not clear what "leaving her bank account to me" means. Were you a joint tenant or co-owner of the account or the beneficiary on a "payable...

As a co-trustee of living trust, can I refuse any beneficial interest after the trustor passes?

I assume that you are a trustee and a beneficiary. The trustee of a trust is not personally liable for the debts of the trustor. The assets of the...

Do we need a trust?

The property does not automatically go to the surviving spouse. If there is a probate, all community property will go to the surviving spouse (if...

Mom died and left the house to me in a will. With a mortgage how do I transfer title and refinance to pay her bills if possible

If the gross value of the house and all other property belonging to your mom is less than $150,000 there is a procedure for transferring the...

Do I need a civil attorney?

Yes. If you cannot locate one, the San Diego County Bar Assn has a lawyer referral service wherein they will recommend up to three lawyers -...

The existing power of attorney is in violation of their fiduciary duties

I am not clear whether your mother is alive or dead. You make reference to "cashing in" life insurance and a loan "to pay against t he Estate." ...