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About Janet Brewer
(Top Expert on this page)

Expertise
I am available to answer questions about probating estates, preparing wills and trusts, administering estates and trusts, forming family limited partnerships and limited liability companies, and establishing a wide variety of estate and gift tax-sensitive trusts (charitable trusts, children's trusts, irrevocable life insurance trusts, etc.).

I can also answer questions regarding the preparation of estate tax returns (Form 706) in taxable estates. Please note that I do not prepare trust income tax returns and cannot provide you with any information about that type of return.

Please note: I am only able to practice law in the State of California. I cannot answer specific questions about other states' laws; I can only provide some "general" information that may or may not apply to your situation.

Experience
I have practiced California estate, gift-planning, and probate law exclusively since 1991. I am certified as a specialist in estate planning and probate law by the California State Bar Board of Legal Specialization (there are less than 125 such specialists practicing in Santa Clara County and fewer than 7,000 practicing in California - out of over 170,000 lawyers statewide).

I have served as an Instructor in the CFP (certificate in financial planning) program at University of California – Santa Cruz, teaching the estate planning segment.

Organizations
Silicon Valley Bar Association
Wealth Counsel
Wealth Advisors' Forum

Education/Credentials
I received my law degree (J.D.) from University of Denver Law School in 1975. I was admitted to the Colorado Bar in 1975 and to the California Bar in 1977 (NOTE: although I am a member of the Colorado Bar, I am on INACTIVE status there). I earned an M.B.A. in 1982, and I am currently studying for a Masters Degree in Taxation Law (LLM) at Golden Gate University Law School.
More at:
http://www.calprobate.com

Awards and Honors
2007, 2008, & 2009 - chosen as a "SuperLawyer" - one of the top 5% of Northern California lawyers practicing in the estate planning and probate area (www.superlawyers.com)

   

You are here:  Experts > Money > Wills/Estate Planning > Trusts & Estates Law

Questions Answered By Expert  Janet Brewer 
In Category  Trusts & Estates Law

SubjectDate Asked

estate planning11/19/2009
  Q: I am nominated executor in my elderly mother's will. Most of her personal and real property is held ...
  A: Yes, it is a reasonable concern. There is a very, very good chance that the present estate tax law ...
Deceased Father's Car Repossed/Do I have to assume the debt?11/18/2009
  Q: Janet, thanks for your help with the previous questions and your answers were helpful. This one ...
  A: I'm 99.999% certain that the banks won't let you access your father's accounts without the death ...
previous question11/17/2009
  Q: I was thinking of filling out an Affidavit for Transfer without probate California titles vehicle or ...
  A: I'd suggest that you sell it. Keep a careful record of how much you receive for it and who the ...
Finding a will or trust11/11/2009
  Q: my grandmother just passed away and my uncle (by marriage) has assumed responsibility for her estate ...
  A: I'm sorry about your grandmother's death. You say she "lived" in San Mateo County and "died" in ...
Administrator of a Will11/9/2009
  Q: Mother's Maiden name: McDermott I have been named an "Administrator" of a will for a friend that ...
  A: So it appears that your friend used a do-it-yourself" will or had a very inexperienced lawyer help ...
Administrator of a Will11/9/2009
  Q: Mother's Maiden name: McDermott I have been named an "Administrator" of a will for a friend that ...
  A: It sounds like you might be confused about a few things; I hope I can clarify them. First of all, ...
family trust11/8/2009
  Q: My father's will states my stepmother is the surviving trustor and I am listed as 2nd Trustee. We ...
  A: Without seeing the trust, it is impossible for me to answer you. But generally if the checks are ...
Estate check11/2/2009
  Q: My mom recently died and social security sent a check for $537 made out to "THE ESTATE OF " -- she ...
  A: I'm sorry about your mother's death. If Citibank wouldn't deposit the check and that's the only ...
trusts10/31/2009
  Q: 1. Please explain what a remainder beneficiary is. 2. Can the beneficaries of a trust be told what ...
  A: This is a concept that took me quite some time to learn (not because it's a difficult concept, it's ...
Living trust after death10/28/2009
  Q: My in-laws live in California. They have a living trust and a will that cost a lot of money to set ...
  A: I'm sorry about your father-in-law's death. Without knowing the specifics of the trust, the size of ...
law10/25/2009
  Q: This question may not be appropriate to you but i have no idea where to ask and thought as you are ...
  A: I don't know what legal education in New Zealand is like, but if it's similar to the US I think the ...
Reasonable timeframe to settle revocable living trust10/22/2009
  Q: What is the CA. probate code that I can research regarding finding out what is a reasonable ...
  A: There is no statute that definitively states what a reasonable period time for settling a trust ...
IRA distribution to beneficiaries10/21/2009
  Q: My mother-in-law died in 2009. Her IRA listed her children as the beneficiaries. The bank issued a ...
  A: I'm sorry about your mother-in-law's death. Your understanding of the laws is correct. If an IRA ...
Asking trustee for an accounting10/20/2009
  Q: my grandmother died a couple years ago, my aunt is the trustee of the estate. As beneficiaries are ...
  A: Yes, you can ask as simply as that. If you want to let her know that you are also "savvy", you can ...
Asking trustee for an accounting10/19/2009
  Q: my grandmother died a couple years ago, my aunt is the trustee of the estate. As beneficiaries are ...
  A: Assuming that this is a California-based trust, you absolutely have the right to ask for (and ...
deeds & trusts10/16/2009
  Q: All of my rental properties are deeded in my trust. My primary residence because of a recent ...
  A: You need to get your residence back into your trust ASAP or you run the risk of having to have that ...
Tax Id Number10/16/2009
  Q: I am a California resident and recently my lawyer created a special needs trust for my disabled ...
  A: My assistant is probably more competent to answer this question than I am, since she's the one in ...
beneficiary notification10/15/2009
  Q: My great aunt died 7/4/09. The trustee is a well respected professional fiduciary. None of the ...
  A: I'm assuming that since the fiduciary is a member of the CA association, this is a California trust. ...
who owns my deceased fathers home10/8/2009
  Q: I have recently been through the process of obtaining a sum of money from my fathers pension and pre ...
  A: I'm sorry about your father's death. You don't say that your father lived in California, but based ...
Guardian of Estate10/6/2009
  Q: My brother died a few days ago and I am trying to make sense of his will regarding his 13 year old ...
  A: I am very sorry to learn of your brother's death. The guardian of the estate is the person who is ...
Trustee Issues10/2/2009
  Q: I need some direction and hope you can help. My former husband passed away earlier this year. We ...
  A: I know nothing about the laws there, but I thought maybe I could find some samples of forms that ...
sole and separate property10/2/2009
  Q: I am married and purchasing a home in my name only. My parents are helping with finances and want to ...
  A: From your description, it sounds like you are doing everything to ensure that the property stays ...
trust timeline10/1/2009
  Q: Wierd no I am in california not canada
  A: I don't know why the settings show you're in Canada if you're in California. To answer your ...
co-trustees on irrevocable trust B9/29/2009
  Q: A California question. My parents had a living trust with my sister and me as co-trustees. Dad ...
  A: I have 2 answers to the question regarding the financial institution. The first would be: find out ...
Trust admintration in CA9/29/2009
  Q: Good morning Ms. Brewer, My mother passed away in August and left a living trust and will with my ...
  A: I'm sorry about your mother's death. The fees the lawyer is asking for aren't out of line, but I ...
joint account9/27/2009
  Q: My father and his wife (not my mother) sold their house in California, the proceeds of which were ...
  A: You are correct that a joint account overrides the terms of a will. Your father could move the ...
Co trustee of Mother's revocable living trust9/26/2009
  Q: After the passing of my father, my mom added me as a co-trustee of her trust. Upon her passing, I ...
  A: Yes, you are correct ("Mom and Sandra, as Co-Trustees of the Family Trust"). Use "and" between your ...
Co trustee of Mother's revocable living trust9/26/2009
  Q: After the passing of my father, my mom added me as a co-trustee of her trust. Upon her passing, I ...
  A: You aren't getting ahead of yourself; you're being "pro-active". Do NOT add your name to the ...
taxes9/25/2009
  Q: Mom died in june 2009. She left me trust money but she also left me stocks in her will which is in ...
  A: I'm sorry about your mother's death. I assume the tax benefit you're referring to is the "step up" ...
Will with a living trust9/24/2009
  Q: My dad lived in California and recently died. My stepsister is the sucessor trustee of this trust. ...
  A: I'm sorry about your father's death. This highlights once again why it is better to use a ...
Garnering access to my deceased father's checking account9/19/2009
  Q: Janet, thanks for your help with the previous questions and your answers were helpful. This one ...
  A: Jason. The banks probably won't be very co-operative in letting you access your father's accounts ...
Revocable Trust9/14/2009
  Q: Good morning, I am not sure how to handle the closing of a mutual fund held by the Trust. Our ...
  A: I'm sorry about your mother's death. While your mother was alive, the trust was what the IRS ...
Living Trusts in California9/6/2009
  Q: My father created a living trust in California and resided there. A couple of years before he died ...
  A: You have a couple of different questions. First, regarding the line of credit. There should not be ...
probate an estate in Lakewood California9/5/2009
  Q: My father-in-law passed away in December 2009. In September 2004, he inherited two properties (both ...
  A: Maybe I misunderstood you, but you stated that your father-in-law "attempted to put the two ...
probate an estate in Lakewood California9/5/2009
  Q: My father-in-law passed away in December 2009. In September 2004, he inherited two properties (both ...
  A: I'm sorry about your father-in-law's death. Although you can file a Petition for Probate and go ...
estate8/29/2009
  Q: if the estate is insolvent who gets payed and who dose not get payed or dose everyone get somthing ...
  A: I am not familiar with Kentucky's laws on this, but I can tell you how it works in California ...
Recording of Quit Claim8/29/2009
  Q: In California: Mother had created Trust and in Trust listed the property. The property had been ...
  A: The short answer to your question is that the quitclaim is still "valid". The longer answer is: ...
Trust8/26/2009
  Q: My aunt left a trust to me for support maintenance and health.I recieve intrest frome the trust.At ...
  A: If this is California, then it is quite possible to change the terms of the trust unless the trust ...
Dealing with upcoming Estate issues8/25/2009
  Q: Ms. Brewer, First off let me say that I have been reading through this site and have found some ...
  A: This is far too complicated to answer fully on this forum but I'll give you some brief responses. ...
CONFLICT OF INTEREST8/23/2009
  Q: Is it a coflict of intrest for a my aunt and uncles CPA to be their trustee and also have power of ...
  A: There are several questions here; I'll try to address them as best I can. First, the conflict ...
inherited cash, property and house8/20/2009
  Q: My 2 brothers and I have inherited some cash, personal property and a house frm our deceased uncle. ...
  A: I'm sorry about your uncle's death. You don't say what state your uncle lived in, so I can only ...
Living Trust Execution8/18/2009
  Q: My stepfather had 15 brothers and sisters who are dispersed all over the US (some alive, some not) ...
  A: You've asked several questions. I'll try to answer them, but please let me know if I miss anything. ...
1 out of 4 beneficiaries REFUSES to sign dispersement receipt8/3/2009
  Q: This is a follow-up question and I apologize for the length but want you to have all the details and ...
  A: I really don't see how your baby sister can hold you hostage in this for much longer. The only ...
1 out of 4 beneficiaries REFUSES to sign dispersement receipt8/2/2009
  Q: This is a follow-up question and I apologize for the length but want you to have all the details and ...
  A: I am so sorry. This again highlights one of the reasons that I am recommending to more and more of ...
probate8/1/2009
  Q: My mother's husband passed away approx 2 weeks ago. My brother and I would like to move her out west ...
  A: I'm sorry about your stepfather's death. Since the accounts were located in Virginia, that's the ...
Trust7/31/2009
  Q: My mom and dad are still alive and setup 2 separate trusts in their names. They live in Ohio. Upon ...
  A: I am not licensed to practice in Ohio, so all I can provide is some general information. In ...
Mom's Living Trust Used As a Piggy Bank For Sister.7/24/2009
  Q: How do I get a copy of the Living Trust my Mom Created? My sister who is a notary public refuses to ...
  A: I am assuming that your sister is the trustee, correct? Am I also correct that your mother is ...
irrevocable account7/23/2009
  Q: WHat is the difference between a revocable trust account and an irrevocable trust account? I was ...
  A: Ordinarily I don't practice in the area of special needs trusts; I refer them out to a specialist. ...
Selling a Property in Trust7/22/2009
  Q: I am trustee over my grandmother's CA trust. I am in the process of selling her home. I will then ...
  A: Most likely the title company will take care of all of the documentation that you need to file with ...
Inheritance taxes7/15/2009
  Q: I am wondering what taxes would apply in my situation, and if there are certain thresholds or ...
  A: Although I am not licensed to practice in Alaska, your question really involves federal estate ...
revocable trust7/12/2009
  Q: May i contact their attorney and ask who has power of attorney,who is trustee,and who is executor of ...
  A: Unfortunately, without the permission of your aunt and uncle, their attorney is not supposed to ...
Inheritance Tax & Real Estate Appraisals7/4/2009
  Q: I asked you an inheritance tax question last December. I was struck by your knowledge and how ...
  A: I'll try to answer your questions. 1. The appraisals. I'm not sure what to suggest here. The ...
Getting copy of trust when grantor is alive7/3/2009
  Q: My parents are quite elderly and have me as trustee of their living will and if I cannot do the job, ...
  A: Since I don't have the trust in front of me, I am only guessing at the terminology it contains. If ...
Getting copy of trust when grantor is alive7/1/2009
  Q: My parents are quite elderly and have me as trustee of their living will and if I cannot do the job, ...
  A: You don't say where you're located or where your parents live, so I don't know whether California ...
Certificate of Deposit - Age of Majority - UTMA?7/1/2009
  Q: I saw you answer a previous UTMA based question, so hopefully my CD question is UTMA-based. As a ...
  A: 7/1/09 - Ryan, I do have another idea. Can you please contact me privately? thanks. 6/30/09 -I'm ...
UTMA custodial account for insurance benefits6/30/2009
  Q: I want to set up a UTMA custodial account for life insurance benefits. I want the money to go to my ...
  A: If you are setting up a custodial account, name your sister as the custodian. In California you can ...
IRA6/29/2009
  Q: I was able to get an EIN number easily with your link. I forwarded it to the bank and now they tell ...
  A: I'm glad I was able to assist. As I said in my answer on June 9th, IRAs are governed by federal ...
trustee problems6/29/2009
  Q: on the first page of my mother-in-laws trust it states that : During the lifetime of the Grantors ...
  A: This is really more of an income tax-related question, which is outside of my expertise, but I'll ...
Life insurance beneficiary6/23/2009
  Q: My sister has terminal cancer. She has a life insurance policy which names her husband as ...
  A: I'm so sorry about your sister. The life insurance issue is an interesting one in this case. ...
Pour Over Will Bank Account6/23/2009
  Q: Mother, residing in CA, passed away. She had all her real estate in a living trust and a will that ...
  A: I'm sorry about your mother's death. If the bank account wasn't in the name of the trust, you'll ...
No will - how to protect my son-in-law6/22/2009
  Q: This is in CA; my daughter has owned a condo for years and recently married a great guy. She has a ...
  A: I'm very sorry about your daughter's condition. If your daughter wants to make sure the house goes ...
What to do if there is no will6/22/2009
  Q: My father just recently passed away unexpectedly in Southern California leaving no will. My brother ...
  A: I'm sorry about your father's death. If the estate is worth more than $100,000 then you will need ...
Closing the final trust.6/16/2009
  Q: When everything is finally sold and the final accounting sheet is done. What else is there to do ...
  A: Without knowing more about the trust, your question is a bit difficult to answer. But if you've ...
Notifying siblings.6/13/2009
  Q: I plan to obtain a power of attorney for my incapacitated mother.Should I talk this over with each ...
  A: If your mother is incapacitated, does she have the ability to grant you a power of attorney? If she ...
Farm left in trust6/11/2009
  Q: This is a section of my husbands will and I do not exactly know what it means. 2.1 Disposition of ...
  A: I am only admitted to practice in California, so I can only give you a general answer; Tennessee law ...
IRAs not included in trust6/9/2009
  Q: I have been trying to close the IRA accounts belonging to my deceased parents for three years now. ...
  A: The questions you ask are very good ones. But I don't have a lot of "good news" for you, so please ...
probate? (in California)6/9/2009
  Q: This pertains to California. My father recently passed, and I'm at a loss at what to do next. My ...
  A: I'm sorry about your father's death. It's difficult to answer your questions without a lot more ...
Trustee Reimbursement6/8/2009
  Q: My brother, son and myself are trustees for my Mothers Trust in California. She passed away in March ...
  A: The circumstances you cite are definitely "complicating factors" that would make the estate ...
Trustee Reimbursement6/8/2009
  Q: My brother, son and myself are trustees for my Mothers Trust in California. She passed away in March ...
  A: Although I would need more information to determine whether $40,000 is excessive or not, it ...
Fees to complete irrvocable trust6/4/2009
  Q: First I would like to apologize if I appear confused since i am green in this entire process. This ...
  A: it was very cogent). I am assuming that there are no "liquid" assets (bank accounts, stocks, etc.) ...
Remarriage and irrevocable trusts6/3/2009
  Q: My dad lives in CA is 86 and is remarrying after my moms death in Nov. He says his irrevocable trust ...
  A: I would need to review the trust to give you a definite "yes" or "no" answer. But if your father's ...
Parents Credit Card Debt.6/3/2009
  Q: Brewer: My mother recently passed away and my father passed away 4 years ago. Up to now mother has ...
  A: If you use the trust claims procedure, the cut-off is 4 months. I suggest you look at the Nolo ...
Parents Credit Card Debt.6/2/2009
  Q: Brewer: My mother recently passed away and my father passed away 4 years ago. Up to now mother has ...
  A: I'm sorry about your mother's death. The short answer to your first question is that if you want ...
Referral In The Los Angeles Area?5/9/2009
  Q: I've done a lot of research and have found you to be the most knowledgeable with the legalities on ...
  A: There are a number of excellent estate planning lawyers in the Los Angeles area. Can you give me an ...
Life insurance and wills5/7/2009
  Q: Brewer, "Dear Mr. Northington, At this time in my life I still do not have anything to leave to my ...
  A: I don't understand why your insurance agent said your adult daughter cannot be the beneficiary of ...
irrevocable trust in CA5/5/2009
  Q: This entire situation exists in California. My mother passed away recently, and had established a ...
  A: I'm sorry about your mother's death. The credit union is legally correct when they say you and ...
Executor Fees4/27/2009
  Q: What does California Law currently state regarding executor fees? It has taken two years to settle ...
  A: You can find the formula for calculating executor fees here: ...
How often should an executor provide accounting of rental income?4/26/2009
  Q: Greetings Janet, thanks for your help last time! The issue is not yet resolved. I have another ...
  A: It is reasonable to expect an accounting on an annual basis unless the trust instrument "waives" ...
Beneficiary Rights4/24/2009
  Q: Last fall my father died. He was a California resident, and had a revocable trust with one of my ...
  A: I'm sorry about your father's death. Whether you have a "legal" obligation to pay any of the ...
probate question4/23/2009
  Q: My question is whether it is possible to transfer registration of an automobile that is part of my ...
  A: You will be in violation of the California Probate Code if you transfer this vehicle to yourself ...
revocable trust question4/19/2009
  Q: both the (deceased)grantor and the trustee reside in california. How do I know the will/trust is ...
  A: I'm not sure I understand your question, but I'll try to answer. First, did you mean that the ...
Notification by Trustee sent 180 days after date of death.4/10/2009
  Q: if the estate attorney tasked to send a Notification by Trustee in California for the successor ...
  A: California Probate Code section 16061.9 provides: (a) A trustee who fails to serve the notification ...
Am I responsible to pay off deceased sons trailor4/3/2009
  Q: I was wondering if I was responsible to pay off my sons tailor and property - This is the issue I ...
  A: I am very sorry that you are going through all of this on the heels of your son's death. Legally, ...
Executors Unable to Perform Duties4/2/2009
  Q: My father passed away a couple of weeks ago (in California) and it turns out that neither of the 3 ...
  A: I'm sorry about your father's death. First of all, a misconception - none of the people your father ...
Attorney Service4/1/2009
  Q: My lovely Mother passed at age 92 on March 5th 2009 in California and she had a Revocable Trust that ...
  A: If you're referring to an estate tax return, that is only required if the estate was worth more than ...
Attorney Service4/1/2009
  Q: My lovely Mother passed at age 92 on March 5th 2009 in California and she had a Revocable Trust that ...
  A: I'm very sorry about your mother's death. If I understand you correctly, the main question is ...
Duties of Trustee3/25/2009
  Q: I have a sibling who became Trustee (of a Trust in California) after the death of our mother. I ...
  A: To answer your question, based on the information you've provided, it seems very safe to assume that ...
CA Living Trust3/24/2009
  Q: My dad and step mother had a living trust in Calif. They are now dead. My step mother died last ...
  A: Just because your sister didn't keep very good records doesn't mean that you aren't entitled to an ...
CA Living Trust3/22/2009
  Q: My dad and step mother had a living trust in Calif. They are now dead. My step mother died last ...
  A: Under California law, if you sign a receipt saying that "this amount is full settlement" might make ...
Trustee resposnibilty3/22/2009
  Q: My sister became the administrator of our mother's family trust. Our mother was incapacitated with ...
  A: You can try to compel an accounting, but it's hard to say whether it would get anywhere or not. It ...
Trustee resposnibilty3/21/2009
  Q: My sister became the administrator of our mother's family trust. Our mother was incapacitated with ...
  A: I am sorry about your mother's death. You don't say what state your mother or your sister live in, ...
notarization3/20/2009
  Q: ms. brewer: does california law require notarization and/or witness of a revocable living trust? ...
  A: The short answer is "no", but the practical answer is that it is good practice to have the ...
is a ring a gift or part of estate?3/20/2009
  Q: My mother died 5.5 years ago in California. My father gave me her wedding set (.75 carat diamond), ...
  A: I'm sorry about the predicament you're in. There are at least 2 answers here: the "legal" answer ...
Probate code 131093/17/2009
  Q: My grandmother passed away back in February. I had Power of Attorney over her finances while she ...
  A: I'm sorry about your grandmother's death. Since you are quoting a California probate code ...
Trust/Estate Tax3/15/2009
  Q: last year, my nephew's father passed. his father's assets included the following: 4 real ...
  A: The estate tax has nothing to do with whether the assets are liquid or not. Estate tax is based ...
Revocable Living Trust3/10/2009
  Q: ..I think I know the answer, but......you know what they say! My mother recently passed, and she ...
  A: I'll keep your offer in mind. I believe that there's an inheritance tax in Indiana (my aunt lived ...
trust & sister3/10/2009
  Q: My father & step mother both passed in early 08'in So Cal. They had placed most assets (home, bank ...
  A: This is a great example of why I advise my clients to use professional trustees, even though there ...
trust fund3/8/2009
  Q: My Wife's father has a family trust that name's My wife as one of the beneficiary's of the trust. ...
  A: Without seeing the exact language of the trust provisions related to you, I cannot give you a ...
Irrevocable Living Trust3/8/2009
  Q: and thank you for your answer in advance... My mom is the Trustee of the family living trust..upon ...
  A: I believe my Allexperts profile says I cannot address income tax issues related to trusts (I only ...
Revocable Living Trust3/7/2009
  Q: ..I think I know the answer, but......you know what they say! My mother recently passed, and she ...
  A: I'm sorry about your mother's death. You don't say what state your mother lived in, so I can only ...
time frame for trust disbursement in California3/7/2009
  Q: I am in Southern California. My grandmother passed away (she also lived in Southern California), ...
  A: There are no "hard & fast" rules in this area as to when the distibutions need to be made. They ...
Life insurance policy, executer of will3/4/2009
  Q: My dad passed away this February. I was named executor of his will. I am also sole beneficiary of ...
  A: I'm sorry about your father's death. If the life insurance policy names you as the beneficiary, ...
Removing a house from a trust to refinance3/4/2009
  Q: Is there a California form that would allow me to do this on my own, and do you know where I could ...
  A: There is no form that I know of. Usually the title company prepares a deed from you as trustee(s) ...
Trust3/4/2009
  Q: In our trust it says that the residence of the settlors to be sold. We no longer own a home( we ...
  A: You don't say what state you live in, so I can only provide general information. But as a general ...
transferring real property in CA in trust following death3/3/2009
  Q: On 12/01/2008 you answered somebody’s question on how the successor trustee “takes over” after the ...
  A: I'm sorry about your mother's death. And thank you for letting me know that California law applies. ...
Getting a copy of a trust3/2/2009
  Q: My wife and I have a long-time friend. She is 65 years old, widowed, with one adult son. She owns ...
  A: You are correct that your friend has the right to receive a copy of the trust. California law ...
transfering home in will2/24/2009
  Q: In the event of both my wife and my death,If in our will would our house be transfered safely to ...
  A: There is a saying that "a will is the only document you'll ever sign that ensures you will end up in ...
wILLS2/24/2009
  Q: My wife and I just moved from Florida to Georgia. We each had a will created in Florida. MyAre ...
  A: Under the Full Faith & Credit Clause of the US Constitution, if your wills were valid in Florida ...
Form 706 & Plummeting House Value2/22/2009
  Q: My mother died in Nov'08 with assets in AZ Living Trust. We will owe estate tax with Form 706 in ...
  A: I'm sorry about your mother's death. The IRS rules only provide that you can use either the date ...
Beneficiaries of a will2/19/2009
  Q: Janet, I live in the state of California, and was named as one of the beneficiaries of my Aunts ...
  A: what's relevant, though is where your Aunt lived. But I'll assume that California law applies. In ...
No Will2/14/2009
  Q: My situation is alittle bit complicated. My dad passed away recently and there is no will. he had ...
  A: I'm sorry about your father's death. You don't say what state he lived in, so I cannot really give ...
Helping father develop will for family farm2/11/2009
  Q: My father currently owns 120 acres of our family farm and was trying to decide how to split up the ...
  A: You don't say what state your father lives in, so I can only provide a general answer. There are a ...
Dividing Trust Assets Between Beneficiaries2/9/2009
  Q: My mother died with her assets in an Arizona living trust, and her 3 children as trustees (unanimity ...
  A: This might not be the best time to sell vacation property, given the state of the economy. But you ...
Slightly overqualified estate2/9/2009
  Q: My father recently passed away leaving 1.6M to my mother. 95% of the assets were JTWROS. ...
  A: I'm sorry about your father's death. I'm confused as to why you want to get your mother's estate ...
Death of Borrower2/7/2009
  Q: My principal residence was in joint tenants and upon my mother's death it is now titled in my name, ...
  A: I'm sorry about your mother's death. There is a federal law called the "Garn St. Germain Act" which ...
Gift tax2/3/2009
  Q: Ms. Brewer, My mother recently passed away (2009). She had a money market fund ($400,000) and I am ...
  A: I'm very sorry about your mother's death. There is a good chance that the IRS would view the $200K ...
beneficiary notification2/2/2009
  Q: Is there a formal letter that can be down-loaded from the computer to notify beneficiaries, after ...
  A: Not sure I should be answering this at the moment, as I'm dealing with an "unrealistic expectations" ...
beneficiary notification2/2/2009
  Q: Is there a formal letter that can be down-loaded from the computer to notify beneficiaries, after ...
  A: I can't really answer your question, though. There's too many questions that I'd need to ask - for ...
Rights for Next of Kin1/24/2009
  Q: I live in California as did my Aunt that just passed away. She named me as the sole recipient of ...
  A: You're welcome. There isn't exactly a specific form, but the probate code tells you what you need ...
Rights for "Next of Kin"1/24/2009
  Q: I live in California as did my Aunt that just passed away. She named me as the sole recipient of ...
  A: Your uncle may have some rights under section 16061.7 of the California probate code "Notification ...
UGMA / UTMA Accounts1/23/2009
  Q: 1. Is there any problem in letting an account just sit even though my eldest son is almost 21? 2. ...
  A: You don't say what state you're in, so I can only give general information. Every state has its own ...
Changing Real Estate Title.1/22/2009
  Q: You have been most helpful in answering previous questions regarding the duties of the Successor ...
  A: .. and for letting me know this is California law. First, who are the beneficiaries? If any of ...
Trust-Real Estate1/19/2009
  Q: My Aunt passed away, leaving her home to me in a Trust. She has a reverse mortgate of $100K. Am I ...
  A: I'm sorry about your aunt's death. As far as I know, the mortgage lender doesn't care how you pay ...
Will and Probate question1/19/2009
  Q: My father passed away in Oct 2008. His will clearly states my brother as the executor. Some issues ...
  A: I'm sorry about your father's death. As I've said in several previous responses, a will does not ...
californian trust1/18/2009
  Q: I READ IT OFTEN. MY AUNT IS VERY PRIVATE ,IS 92 YEARS OLD AND HAS A TRUST WHICH I AM "I BELIVE" THE ...
  A: Unfortunately, there is no way you can force either your aunt or her lawyer to give you a copy of ...
Timimg of the disbursement of a trust1/17/2009
  Q: My grandfather recently passed away in California. He was the surviving spouse of a living ...
  A: I'm sorry about your grandfather's death. Your residence in Texas should not have any effect on the ...
Living trust and dementia1/15/2009
  Q: The background: My wife's grandmother lives in Imperial Beach, CA; we live in Maine. She is 88, ...
  A: I can give you some general information, but I cannot begin to tell you all of your legal ...
Will Distribution1/14/2009
  Q: My Dad willed specific dollar amounts from his cash accounts to his grandchildren and the remainder ...
  A: You don't say which state's laws apply, so I will assume that California law applies. If California ...
Living Trust used as a protection of assets from a personal guarantee1/14/2009
  Q: We gave a personal guarantee on a commercial loan we obtained as part of our Limited Liability ...
  A: Sorry to disappoint you, but you cannot place your assets beyond the reach of creditors by putting ...
executor1/10/2009
  Q: For personal reasons, I don't want to name a friend or relative as executor for my will. Is the ...
  A: REVISED ANSWER: Sorry if I made an incorrect assumption. I recommend you begin your search by ...
Living Trust information California1/9/2009
  Q: I sent a certified letter to the Trustee requesting information per Probate Code 16061. The answer I ...
  A: I'm assuming you requested a financial report regarding assets, liabilities, income, and expenses. ...
wills1/8/2009
  Q: My wife and I and trying to decide whether we should meet with a lawyer to do a will or buy the ...
  A: REVISION: Sorry you didn't think my previous answer was clear. But you didn't provide nearly ...
husband's death/debt1/7/2009
  Q: My husband just passed away Dec.12th in Los Angeles, California. He left no will. My question is do ...
  A: I am sorry about your husband's death. In order to answer your question I would need to know if the ...
My father died and my step mom has the trust1/6/2009
  Q: My father died in Ca and lived in Ca. My step mom has decided that she now wants nothing to do with ...
  A: Technically, the lawyer does not have to tell you that the trust is now irrevocable - but he does ...
My father died and my step mom has the trust1/6/2009
  Q: My father died in Ca and lived in Ca. My step mom has decided that she now wants nothing to do with ...
  A: I'm sorry about your father's death. Without seeing a copy of the trust, I cannot tell you what you ...
my mother died in 200412/29/2008
  Q: My mother died in Feb of 2004. She had no will my husband and i were put on a "Quick claim deed" on ...
  A: I'm sorry about your mother's death. I'm not sure that I understand your question. Whose name is ...
California Law regarding Executors12/28/2008
  Q: Is there any way that an executor can be held personally liabvle for any debts of an estate? As an ...
  A: No, the executor cannot be held liable for the debt in California. In fact, the executor is ...
Timing and Will Probate12/23/2008
  Q: My Mom passed away last week. She left very nice accounts in several banks and credit unions. I ...
  A: I am very sorry about your mother's death. You don't say what state your mother lived in or in what ...
Estate Account12/23/2008
  Q: My sister died 11/24/2008. She had no husband or children and I am the next of kin. I have ...
  A: I am very sorry about your sister's death. You should not need to set up an estate account if your ...
Executor Fees12/22/2008
  Q: My wife's father recently passed away. My wife is the executor. There is no real property. All of ...
  A: If there is no probate, your wife won't be entitled to statutory executor fees - those fees are ...
division of equity12/22/2008
  Q: My mother had a living trust that stated equal division of assets to 4 children. In 2004, she took ...
  A: If I understand your question correctly, your mother owned your brother's house and he wants it as ...
Joint Bank Account Status12/18/2008
  Q: Ms. Brewer, I thank you in advance for your answer, as I have enjoyed reading all of your expert ...
  A: I cannot answer your questions without knowing the state your father lived in; the treatment of ...
executor fees12/17/2008
  Q: I was named executor of my mother's estate. Now that she has died, I am doing a number of tasks to ...
  A: If you are the executor, you should have an attorney. If so, I'm surprised s/he did not explain the ...
Disclosure12/17/2008
  Q: My mother died in the state of Georgia. I am co-executor of my mothers estate with one of my ...
  A: I am not admitted to practice in Georgia, so I don't know the rules there. In California you would ...
irrevocable trust12/16/2008
  Q: I am a trustee of a now irrevocable trust that I have been told by an estate attorney will have to ...
  A: You would submit a "Petition to Modify Irrevocable Trust". There isn't really a form - what you do ...
Life insurance benefit disclaimers12/1/2008
  Q: I have read everything on this site regarding the benefit disclaimers. I understand the procedure. ...
  A: The key to your question is in this statement "she wasn't able to disclaim the benefits of the ...
Successor Trustees12/1/2008
  Q: If I have a living trust with my wife and I as trustees, and our adult child as successor trustee, ...
  A: You're right. Having to use a lawyer to "settle" the trust does take away some of the cost savings. ...
Successor Trustees12/1/2008
  Q: If I have a living trust with my wife and I as trustees, and our adult child as successor trustee, ...
  A: You don't say in which state you live, so I'll provide a general answer using California law. In ...
Regarding my Grandmother's will11/30/2008
  Q: My grandma passed in the beginning of October after my aunt moved her from her home here in ...
  A: Since your grandmother was living in Nevada at the time of her death but up until then she had been ...
Death & Debts Owed.11/27/2008
  Q: My parents still have a mortgage as well as other debt. Who will be responsible for their debt upon ...
  A: You don't provide a lot of background information, so my answer is fairly general. The short ...
A trust, a house and taxes11/26/2008
  Q: My two siblings and I inherited our mother's house which we sold in Jan. 08. We each received half ...
  A: I prepare estate tax returns, not income tax returns, so this is not my area of expertise. But I ...
Time frame11/25/2008
  Q: My father and I lived together as I took care of him for the last 4 months of his life. He died in ...
  A: I'm sorry about your father's death. I'll handle the easiest question first - the POA. If all of ...
Mom11/22/2008
  Q: My mother is very sick, and she wants to put my name on her home so that it will go directly to me ...
  A: I'm not sure I understand your follow up question. Are you saying that your mother owns "Lot 1" and ...
Mom11/21/2008
  Q: My mother is very sick, and she wants to put my name on her home so that it will go directly to me ...
  A: You don't indicate which state your mother lives in, so I'll assume it's California. In most ...
Alternatives for Removal of Trustee11/21/2008
  Q: In February 18, 2006, my mother, as Settlor, passed away leaving a revocable Trust. With seven ...
  A: You do not say what state the trust was formed under or the state in which the trustees live, so I ...
capital gains on inheritance11/19/2008
  Q: My siblings and I inherited a 4 unit apartment, which was held in a family trust by my widowed ...
  A: Yes, that makes a difference in the basis. If the trust became irrevocable at the time of your ...
irresponsible administration of a trust11/19/2008
  Q: I am the only beneficiary of a CA trust set up by my now deceased parents in the early '90's. My ...
  A: Yes, it would be worth contacting them. They might want to make sure that the assets are not being ...
irresponsible administration of a trust11/19/2008
  Q: I am the only beneficiary of a CA trust set up by my now deceased parents in the early '90's. My ...
  A: It seems to me that you need to have your sister replaced as the trustee of the trust for ...
Why Aren't Wills Registered Like Deeds?11/18/2008
  Q: This is just a general question, but it is one I've wondered about for some time. Why aren't wills ...
  A: I'm not sure I can provide a good answer, but here goes. Legally, a will isn't binding until a ...
trusts, accounts and mortgages11/14/2008
  Q: My grandmother recently passed away and I am listed as the successor trustee on her estate. My ...
  A: I am sorry about your grandmother's death. Because you don't indicate which state is involved, I ...
living trust11/13/2008
  Q: My grandfather passed away recently and I had a few questions on behalf of my mom/dad. My ...
  A: I'm sorry about your grandfather's death. I don't believe it would be appropriate for me to ...
capital gains on inheritance11/12/2008
  Q: My siblings and I inherited a 4 unit apartment, which was held in a family trust by my widowed ...
  A: I'm sorry about your father's death. My first question is: was the trust revocable (before your ...
Trust11/12/2008
  Q: My parents had a trust drawn-up in 2000 which included all of the real estate. Last year, my father ...
  A: I'm not sure I can be of much assistance. As I've said before, a trust does not have to be ...
Estate Trust and Divorce11/12/2008
  Q: I am in the beginning of what looks like a long and painful divorce proceeding after 13 years of ...
  A: This question falls more under the category of "family law" than "estate planning", so you really ...
Value of an Inherited Trust11/10/2008
  Q: Ms. Brewer, Thank you for taking my question. My Mother passed on June 14, 2008 in Hagerstown, ...
  A: I'm sorry about your mother's death. Since this isn't California law, I can only provide general ...
missing beneficiary11/10/2008
  Q: what happens to the money of a beneficiary if they can't be found? Thanks Eddie
  A: You don't state which state's law applies, so I can only give some general information. Usually, if ...
my grandmother11/10/2008
  Q: Recently my grandmother made a living trust with a lawyer. The trust names me as the beneficary of ...
  A: You don't say which state's law applies, so I can only answer generally. If the lawyer isn't ...
Q-tip trust11/9/2008
  Q: My husband died 2 1/2 years ago and left a trust. My portion was supposed to be put in a Q-Tip ...
  A: First, what state is this in? If it's California, you can probably petition to have the trustee ...
Q-tip trust11/8/2008
  Q: My husband died 2 1/2 years ago and left a trust. My portion was supposed to be put in a Q-Tip ...
  A: I don't know of any hard & fast rules on how long the administrative phase can last, but 2-1/2 years ...
i think im being scammed for an inheritance11/7/2008
  Q: this guy contacted me and said he has an inheritance that of a client that does not have any living ...
  A: It's hard to say whether it's legitimate or not. But a few of the things you're saying are ...
Incapacity makes revocable trust Irrevocable?11/7/2008
  Q: Family residents of Calif. A&B irrevocable Trust created Father deceased Mother declared mentally ...
  A: I would need to read the trust to see if it becomes irrevocable when the surviving trustor becomes ...
Checking account of deceased relative10/31/2008
  Q: My step daughter was assisting my mother-in-law with her checking account here in California. My ...
  A: I have a few questions...such as, was the account set up as a joint account in both your ...
Executor keeping assets out of estate settlement10/30/2008
  Q: An unmarried relative died in Nov. 2007, leaving his modest estate to be divided among 6 other ...
  A: The first question I have is whether the estate is under the jurisdiction of the probate court - ...
How do I bill the Living Trust??10/29/2008
  Q: My Dad's living trust originated in CA..it becomes irrevocable upon his death or incapacity to ...
  A: You should be able to bill the trust for your services; if you're acting as the trustee, there might ...
charitable trusts10/28/2008
  Q: My husband and I are in our early 50's and wonder about whether it would be advisable to put cash in ...
  A: From what you are describing, a charitable trust does NOT sound appropriate unless you have a rather ...
Ohio Wills and Probate10/26/2008
  Q: I am hoping to get some general information/suggestions from you. Basically, our (1 brother, 1 ...
  A: I'm very sorry for the loss of your parents but glad that you seem to be sticking together at such a ...
Trustee's Obligation To Provide Accountings10/20/2008
  Q: I am a 25.5% beneficiary of my Uncle's Trust which was established in California. My Step- Cousin, ...
  A: As far as I know, the beneficiaries don't have direct access to the books and records. You'd be ...
Trustee's Obligation To Provide Accountings10/20/2008
  Q: I am a 25.5% beneficiary of my Uncle's Trust which was established in California. My Step- Cousin, ...
  A: Yes, if the trust is IRrevocable, then Probate Code section 17200(b)(7) requires the trustees to ...
funding a B trust10/19/2008
  Q: I live in Massachusetts & have an AB trust which is not registered. When the first spouse dies is it ...
  A: I think you're mixing apples and oranges. I believe your question is whether you will need to file ...
Tax liability for distributed and undistributed income10/14/2008
  Q: wonderful site! California revocable Trust. Last trustor died in 2004 1.5m liquid being held in two ...
  A: Just because the interest hasn't been distributed to you doesn't mean that you don't own it - it's ...
revocable living trust A-B-C.10/13/2008
  Q: My husband and I set up a living trust before he passed away. I would like to know if I need to ...
  A: I'm sorry about your husband's death. You don't say what state you live in, so I'll assume ...
Public Notice10/12/2008
  Q: My mother died two years ago and we had a small inheritancce. under taxable amounts. Should I as ...
  A: You don't say where your mother lived or what state the trust was established in. California law ...
Heirs to Estate10/9/2008
  Q: Ms. Brewer thank you for taking our question.....my 2 siblings and I are in the process of ...
  A: The trust probably contains a "survivorship" provision - a clause that says you have to live for 30 ...
Becoming head/executor of estate.10/9/2008
  Q: My mother passed away a few weeks ago from breast cancer. She has several financial accounts ...
  A: I am very sorry about your mother's death. It sounds like you will need to file a petition to ...
Adult Child--Spendthrift Trust10/7/2008
  Q: My only daughter is the sole "bread-winner" of her marriage and the mother of my only grandchild. ...
  A: Yes, you can provide a spendthrift trust either in a will or in a living trust. The biggest ...
closing out trust10/7/2008
  Q: my aunt died in Ca in april of 2008. There are five beneficiaries (all reside in CA) to the estate ...
  A: Depending on what the trust itself says about distributions, 5 months is not an unreasonable period ...
Lost Trust or Will10/6/2008
  Q: My dad died in a sudden motorcycle crash last Saturday. His wife is saying there is no will and his ...
  A: I am very sorry for your loss. Clearly, this is a delicate matter, and I am not sure I have enough ...
Trustee not following CA Living Trust laws10/5/2008
  Q: She hasn't sent us a copy as we requested, nor supplied us with an accounting. How can we make her ...
  A: If the trust is irrevocable and the trustee fails to send you a copy or an annual accounting, you ...
Trust...sort of !10/3/2008
  Q: A few weeks back you answered a question for me, and I was very pleased with your fast response and ...
  A: You are absolutely correct that the property taxes will be reassessed if they aren't married - and ...
Deceased spouse after almost 3 years10/2/2008
  Q: I was wondering if you can help me (perhaps on a paid basis even). My husband and I were living in ...
  A: I would be happy to assist if I can. Depending on how much he had in his various accounts, you ...
Probate Will10/1/2008
  Q: We just learned that my husband aunt passed away March of this year, her sister in law didn't tell ...
  A: You don't say what state your husband's aunt lived in, so I can only provide general information. ...
Trust...sort of !10/1/2008
  Q: A few weeks back you answered a question for me, and I was very pleased with your fast response and ...
  A: Glad I was able to be of assistance. You don't indicate what state your niece lives in, so I can ...
Change of Trustee9/30/2008
  Q: Can the beneficiary of an irrevocable trust change the appointed trustee? Without the consent of the ...
  A: The short answer is probably not. But you must read the trust to answer your question. It should ...
Trust's Attorney is Unresponsive9/29/2008
  Q: After both my parents died my brother, the Trustee of their irrevocable trusts, hired an attorney to ...
  A: If your brother is the trustee, then Ms. Cole represents him, not you. There is a common ...
Executors of Will9/29/2008
  Q: I actually have two questions...the first is: In California, do the executors have the legal ...
  A: But I am very confused by your question. You say that the estate did not have to go through probate ...
Successor Trustee9/23/2008
  Q: Brewer, my Mother passed recently with a living trust which became irrevocable upon her death in ...
  A: I'm sorry about the loss of your mother. I'm not a therapist, but it sounds to me like your sister ...
Grandmothers Trust9/20/2008
  Q: My Grandmother recently changed her trust. For years I was the executor, even though she would make ...
  A: You don't say what state this is in. If it's California, this sounds like financial abuse of the ...
administrator's extraordinary fees9/17/2008
  Q: My husband's uncle died intestate in California and my husband is an heir. The administrator of the ...
  A: The lawyer should NOT be billing for things that he is required to do as an administrator. ...
Trusts-Reckoning of Monetrary Gifts Made9/16/2008
  Q: My father died a few months ago and left a divided family, three adopted children from his second ...
  A: I'm sorry about your father's death - and the divisions in the family. I suspect that one of the ...
Basis in "life estate"9/15/2008
  Q: This estate is being probated in Texas, but the question is about basis for Federal Tax, not probate ...
  A: If I understand you correctly, this is actually an income tax question (basis for capital gains tax ...
Valuation of securities for Federal Estate Tax9/9/2008
  Q: My mother died on a Sunday. Her estate is valued at more than $2 million. How should the ...
  A: Using the Friday-Monday value is the correct method. If you aren't getting assistance with the ...
Responsibility of interest in saving account9/8/2008
  Q: My mother passed away 7/8/08. She lived in NH. she had my name on her Money Market Savings ...
  A: I agree with the bank. The proper way to account for the interest on this account, as far as I know, ...
Estate Taxes9/8/2008
  Q: Brewer, My wife's parents both passed in the last 3 years. With her mothers passing about 7 months ...
  A: Unless your mother-in-law's entire estate was worth more than $2MM, there are no federal estate ...
Dormant account may go to state9/7/2008
  Q: Ms. Brewer, Thank you for your time. My Mom is named as a joint owner of Lucent stock. This is ...
  A: If your father was a joint owner of the account, your mother probably has to clear his name off the ...
Cailfornia death intestate w/minor9/6/2008
  Q: My sister died in Jan my brother in law law just died suddenly leaving no will. He has a 15 year ...
  A: I am so sorry for your losses. It seems to me that you need to do several things as soon as ...
land trust9/6/2008
  Q: my grandmother left land to several siblings in a 20 year trust. The trust is now matured, but the ...
  A: I do not think you've given me enough facts to give you a good answer to this question - some ...
Trust Funds Distributed to Minors (CA)8/31/2008
  Q: two of which are minors. I have reason to believe her ex-husband as their guardian has taken their ...
  A: In California the petition to compel an accounting would be filed in the probate court of the county ...
Trust Funds Distributed to Minors (CA)8/30/2008
  Q: two of which are minors. I have reason to believe her ex-husband as their guardian has taken their ...
  A: You are correct that if the proceeds were payable to the children, the ex-husband had no right to ...
Lose inheritance due to judgement?8/29/2008
  Q: I am due to receive an inheritance from an estate of a deceased family member. It was said to me ...
  A: In California, the answer would be it could be true, under certain circumstances. For example, if ...
beneficiary determination8/28/2008
  Q: I am co-trustee of an estate in Michigan for a deceased Aunt who had no children or husband. She ...
  A: If this were California, I would suggest that you take the position that the clause is ambiguous (if ...
Living Trust-California8/28/2008
  Q: I am the successor trustee of a living trust. The dispersions of the estate is to take place on the ...
  A: Yes, you need a new TIN. The way you handle the income depends upon the terms of the trust. If all ...
Who can be a trustee8/27/2008
  Q: Is it possible for the son of a beneficiary to act as trustee if he resides out of state? (Delaware) ...
  A: The answer to both questions is generally "yes". The only legal requirement in California for a ...
Trust Funds Distributed to Minors (CA)8/27/2008
  Q: Good morning! My children's great-grandmother passed away last year and left money to each of them. ...
  A: Your instincts are right. Your children are too young to endorse the checks (they need to be 18), ...
tod transfer8/27/2008
  Q: in regards to my previous question yes my sister said she is putting all lawsuits on "hold" to ...
  A: What does your sister mean that she's "putting all lawsuits on 'hold'"? It sounds like an idle ...
Trust8/26/2008
  Q: My father in law had a trust and when he died his daughter was to handle the estate. We are going ...
  A: You don't say what state's law applies to the trust, so I'll use California as a reference. In ...
Execution of a will8/24/2008
  Q: Is there a time limit? My father died in Jan. Is it too late to execute his will?
  A: To execute a will means to sign it. Only your father can sign his own will. I assume what you ...
property tax8/23/2008
  Q: my parents have a house in california, valued at approximately $2.5m. they have set up a trust for ...
  A: 58), your parents' house qualifies for a "parent-child" exclusion. Prop. 58 provides that transfers ...
Spousal rights to Estate Assets8/21/2008
  Q: In a community property state, when a spouse dies does the surviving spouse automatically have ...
  A: I'm sorry about your brother's death. There are several different questions here, so let me be sure ...
trusts & assets8/20/2008
  Q: My mom recently passed away before having the chance to complete her will. My siblings and I aren't ...
  A: I'm sorry about your mother's death. You will need to become a bit of a detective. Go through her ...
Estate money8/20/2008
  Q: My mom past last year. Before she passed, she inherited $365,000. There is a total of 5 siblings. ...
  A: I'm sorry about your mother's death. You don't say what state your mother lived in, so I can only ...
Trust Property Allocation Upon Death8/13/2008
  Q: If a husband and wife who are the trustees of their revocable living trust which holds virtually all ...
  A: I don't know that I have enough information to answer this question. Where do the husband and wife ...
Taxes question8/12/2008
  Q: My father passed away in March and my mother had previously passed away. She worked as a nurse and ...
  A: I'm sorry about your father's death. First, the "big" issue: income taxes. Generally inheritances ...
beneficiary notification8/10/2008
  Q: Is there a formal letter that can be down-loaded from the computer to notify beneficiaries, after ...
  A: If you are in California, the probate code has a specific code section with the notice you need to ...
Joint checking accounts8/9/2008
  Q: I am familiar with a joint checking account with rights of survivorship. Is there a joint account ...
  A: I can't say what the law is in other states, but in California the short answer is "no". The law is ...
Life Insurance Paying for Funeral8/7/2008
  Q: My sister did not have a beneficary listed on her life insurance policy. When making the funeral ...
  A: Wait until the executor has been appointed. It should be on the date of the first hearing, unless ...
taxation of trust asset8/6/2008
  Q: I am trustee for dad's trust that was set up when he passed. The income goes to mom via an annual ...
  A: I was tempted to reject this as being outside of my expertise, since I don't prepare fiduciary ...
Crummy Trust8/5/2008
  Q: Can a mother be named as trustee to her own childs Crummy Trust? I was told that the IRS has a rule ...
  A: If the mother is the one who is setting up the trust, it's generally a very bad idea from a tax ...
Probate and Contesting8/5/2008
  Q: Dad died in July 2008 in Georgia with a last will that was prepared in 1996. He had remarried in ...
  A: I don't know if this amendment would qualify as a "codicil" (legalese for an amendment to a will) or ...
Probate and Contesting8/4/2008
  Q: Dad died in July 2008 in Georgia with a last will that was prepared in 1996. He had remarried in ...
  A: I don't know the rule in Georgia, but if it were California, the wife would probably get her ...
Will distrbution8/3/2008
  Q: My father passed away leaving his only asset (the home) to his 4 children. The asset distribution ...
  A: You have no idea what a joy it is to hear about siblings who are cooperating after their parents' ...
Executor fees8/3/2008
  Q: I am the executor (for 15 months now)of an estate that belonged to my late aunt.There are 2 other ...
  A: It's hard for me to say whether that would be excessive or not. I would think it would not be ...
cost of setting up a will with a special needs trust8/2/2008
  Q: I was referred to a non-profit organization that supposed to help parents of children with special ...
  A: Since I don't practice in New York state, I don't know the "going rate" for special needs trusts ...
Trust Loan to Avoid Annual and Lifetime Gift Tax Limits8/2/2008
  Q: I'm trying to confirm and obtain details on this - Can a living trust give me a "cash payout" which ...
  A: I'm not sure I totally understand the question. Why is the living trust making the loan? Has the ...
probate8/1/2008
  Q: My dad, mom and I are in the title to our house. He passed away in 2003. There were no wills, ...
  A: I'm not sure if this is a probate question or a real estate title question. It appears to be a ...
Life Insurance Paying for Funeral7/31/2008
  Q: My sister did not have a beneficary listed on her life insurance policy. When making the funeral ...
  A: Assuming that there is a probate, you are considered a "priority" creditor. In fact, you are the ...
inheritance dispute7/30/2008
  Q: My dad left my older brother in control of 25,000 that was left to me when he died in 2002. He gave ...
  A: Without reading the trust I can't give you much useful advice. Also, if the trust is based in ...
Money received after the estate has settled7/29/2008
  Q: If a father passed away and the son was the executor. There was an outstanding lawsuit filed ...
  A: In California, the estate would need to be reopened if there has been an "Order of Final Discharge ...
changeing a revocable trust7/28/2008
  Q: can i change the name on a revocable trust???
  A: If you created the trust and it is revocable, then yes, you should be able to change the name. But ...
Grandmother's will vs. Mother's will7/27/2008
  Q: My grandmother passed away a few years ago and left a special needs trust to my mother; my aunt was ...
  A: Without reading your grandmother's trust, I cannot really answer this question. If your grandmother ...
Trust dissolution7/27/2008
  Q: My parents established an A/B family trust in Santa Clara County. My mother passed in 2000 and my ...
  A: Check California Probate Code sections 16061 and 16061.5(a). You need to speak with a probate ...
Trust dissolution7/26/2008
  Q: My parents established an A/B family trust in Santa Clara County. My mother passed in 2000 and my ...
  A: Generally, a trust isn't required to be filed anywhere. California law does require the trustee to ...
A Will, or a Will and a Trust?7/26/2008
  Q: I am a divorced man, living in Tennessee. I'd like to leave my assets (including my IRA's) to my ...
  A: The only way I know of to leave your IRA to your children under your will (as opposed to under a ...
Person named as excutor of will has alzheimers7/25/2008
  Q: I have a family member who has named his spouse as executor of his will and the spouse named has ...
  A: I don't know the laws in Texas; you need to consult a licensed Texas lawyer. But if the laws work ...
Living Trust7/25/2008
  Q: I am the trustee of my mother's trust. My father passed away many years before my mother. My mother ...
  A: You don't indicate what state your mother lived in - the law of the state in which she resided may ...
Think we are ready to settle Trust. Anything else I need to do?7/23/2008
  Q: The attorney who set up the trust for our deceased grandmother said we do not need an attorney now ...
  A: I cannot answer this question accurately without knowing the terms of the trust and the requirements ...
basis question7/22/2008
  Q: If my grandmother passed away and her assets were put into a trust. and 10 yrs later some stocks ...
  A: That depends on what her trust says. It could say that after your grandfather's death the trust ...
Trust Inheritence Question7/21/2008
  Q: Brewer. My family was contacted 2 years ago by a genealogical research company as there apparently ...
  A: I'm not sure I can answer your question; you might wish to repost it and ask someone who lives in ...
basis question7/21/2008
  Q: If my grandmother passed away and her assets were put into a trust. and 10 yrs later some stocks ...
  A: If I understand your question correctly, your grandmother created the trust on the same day that she ...
Trustee Won't Settle Estate7/20/2008
  Q: The Successor Trustee on our dad's Trust has refused to give us a copy of the will or Trust ...
  A: You don't say what state you're in. I'm only licensed in California, so I'll answer using ...
Revocable Trust7/18/2008
  Q: I'm very interested in these trusts for my personnel use.Are they good for a married couple in there ...
  A: The short answer is "yes". Trusts can serve many purposes. Even if you live in a state where ...
Trustee's obligations of a Living Trust7/18/2008
  Q: A Nevada court ordered the trustee of a living trust to give final accounting and disbursement to ...
  A: You need to consult a Nevada lawyer about these questions, as they seem to be specific to Nevada law ...
Trust distribution in Ohio7/18/2008
  Q: My mother passed away two years ago. Everything she had she had placed into a revocable living ...
  A: First of all, you are in Ohio. I'm not licensed to practice in Ohio and I do not know the trust ...
Trustee's obligations of a Living Trust7/17/2008
  Q: A Nevada court ordered the trustee of a living trust to give final accounting and disbursement to ...
  A: Since I don't practice law in Nevada, I don't know if final accountings there are permitted to have ...
Irrevocable Trust Investments7/17/2008
  Q: My grandmother who lived in South Carolina established an irrevocable trust with Wachovia Bank as ...
  A: I'm not sure I'm qualified to answer this question. But unless the bank invests only in US bonds, ...
gift tax or income tax? help!7/16/2008
  Q: My husband & I live in Indiana, his mother lives in Illinois. Over the weekend we fould out that ...
  A: I'm going to start with my usual "disclaimer": I'm a member of the California Bar; the laws in ...
Trusts & Estates Law7/15/2008
  Q: What are the safeguards that are in place to require the trustee of living trust to notify the trust ...
  A: I'm not sure I can completely answer your question. But under the California Probate Code sections ...
WILL7/15/2008
  Q: MY GRANDMOTHER PASSED THIS APRIL 2008 IN THE STATE OF OHIO. BEFORE PASSING YEARS AGE SHE MADE A ...
  A: Since I'm not a member of the Ohio Bar, there might be some differences that I'm not aware of. I'll ...
leaving home to children7/14/2008
  Q: I am married and my home is in both my wife's(second marriage) and my name. When I pass away can I ...
  A: It depends on how you hold title to the property with your wife ... if the house is in "joint ...
Sons living in deceased dad's home.7/14/2008
  Q: Can the two trustees, of my dad's revocable trust, all residing in California, evict the two sons ...
  A: If the trust directed that the property be sold, then the trustees not only have the "right" to sell ...
Trusts & Estates Law7/14/2008
  Q: What are the safeguards that are in place to require the trustee of living trust to notify the trust ...
  A: You indicate the deceased person resided in California; I'm going to assume that the laws of ...
Sons living in deceased dad's home.7/13/2008
  Q: Can the two trustees, of my dad's revocable trust, all residing in California, evict the two sons ...
  A: I'm dealing with a similar situation right now (without the Social Security Disability issue). ...
Timeframe7/12/2008
  Q: My dad past away recently and I know he left me property, I asked my step mom when she was going to ...
  A: First, I'm sorry about your father's death. I'm sure it's difficult to deal with that and the money ...
living trust7/11/2008
  Q: my mother is not allowing me to see a copy of my deceased fathers part of the trust. what do i do?
  A: That's a difficult question to answer. Assuming that your father lived in California, you have a ...

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