Successor Trustees should send a Notification by Trustee telling all immediate family and all beneficiaries that they have a right to receive a copy of the trust. If the Successor Trustee refuses to give someone a copy of the trust, it would be a good idea to demand a copy of the trust in writing.... View More

There are two types of notarizations a notary may use: (1) jurats; and (2) acknowledgments. [You only need to know the names. Don’t worry about what they mean unless you plan to become a notary.] Notaries must follow different rules for each type of notarization.

Most commonly, real... View More

Putting real estate into a trust does not cause a reassessment so long as the people own the same percentage of the real estate both before and after the transfer. Also, if someone has a trust before marriage, it is ALWAYS a good idea to update the trust after marriage. If the trust is not updated... View More

First, the reason your brother's lawyer is not speaking with you is because the ethics codes prohibit lawyers from giving advice to beneficiaries. You are not the lawyer's client. Plus, there are more ethics regulations on lawyers in estate administration matters than most other areas of... View More

I suggest being firm, but not too nasty even if you may fire your lawyer. Here's why: If you fire your lawyer and try to hire another law firm, the new law firm will ask what happened to the first lawyer you hired. If the new firm thinks you are litigious (someone who sues a lot of people),... View More

The fact that your spouse did no estate planning prior to death is unfortunate. I always tell people that they should set up an estate plan FOR THEIR LOVED ONES, not for themselves -- because they'll be gone! So, people have a choice of leaving their loved ones a nice, neat package with... View More

One question: Why do you want to give the real estate to your relative now? If there isn’t an urgent reason for making the property transfer, it is far better — from a tax perspective — to have someone inherit real estate through a trust document. Legally, you can do what you propose doing.... View More

Find a lawyer with whom you are comfortable working. Many lawyers, like me, offer a free initial consultation, which allows you to meet the attorney(s) and see if they are a good fit for your needs. Other lawyers start charging as soon as you walk through their door. I do not recommend drafting... View More

I’m sorry to hear about your uncle’s health declining.

No one can get a power of attorney, or set up a will or trust for another person without their consent. For ethical reasons, he would need to be the person who tells the lawyer what he wants, if anything. Some people don’t want... View More

I’m sorry to say that, when people die without a will or trust, the law generally steps in and dictates who will inherit the assets. “Verbal wills” are not valid but, even if they were, it would be an uphill battle with everyone coming out of the woodworks saying their loved one “said... View More

Very few people like dealing with Medallions! Most banks and credit unions stopped issuing Medallions years ago or, if they still do, they will only issue them for people who bank at their financial institutions. Alternatively, if you have an established business relationship with a financial... View More

There are a number of ways a person can take over another person's business, including through a Trust or Will, by incorporating or forming an LLC and having specific language in the legal documents, etc. The law in California is that anyone with "probatable" assets valued at more... View More

It is difficult for a lawyer to answer questions without having all the facts of a situation, but it sounds like a Special Needs Trust ("SNT") may be the best option for you. The purpose of SNTs is to provide funds to someone receiving government benefits without disqualifying them from... View More

When someone passes away and leaves assets, those assets are called the deceased person’s “estate.” The executor or trustee of the deceased person’s estate will be responsible for repaying all of the deceased person’s debts whether or not the deceased person had a trust or will. (The... View More

It is a common mistake for a beneficiary (the person who benefits from a trust by receiving an inheritance) to believe that an asset belongs to them even though it is still located in another person’s trust. But, while the asset is in another person’s trust, the asset belongs to the trust. It... View More

It depends on where you are located. I have friends in Orange County who charge $7,500 and up for two people. I’m in Monterey County and we are closer to $5,000 for a married couple or registered domestic partnership. Be sure to ask what you get for that cost. My firm, for example, gives 12-20... View More

Once someone has lost their mental capacity from a legal standpoint (a physician should make that determination in writing), then the only way to make decisions for the incapacitated person is to become their conservator. I no longer handle conservatorships, but there are plenty of lawyers on... View More

It is difficult for a lawyer to answer your question without knowing a lot more information, including: what assets he had at death; and the assets’ collective dollar value. Real estate is transferred in a different way than a car, for example. To determine if the deceased person’s estate must... View More

You didn't say if your half of the home is in your trust and the other half in your sister's trust (which is the most common way to do it if you already own the property) or if the property is in your parent's trust but your sister and you are named as beneficiaries of the property... View More

There is no way to know if you were entitled to an inheritance if your relative had a trust because trusts are not filed anywhere unless there is a claim brought, in which case there would be a Petition (think, "lawsuit") filed with the local Probate Court. Wills, however, are supposed to... View More