Estates, Wills & Probate

Obtaining copy of living trust after death of one spouse?

majesty — Sun, 22 Nov 2009 19:30:39 GMT

Is it customary or required that the Trustee of my parents CA community property Will and Living Trust provide copies of the Will and Living Trust to all the beneficaires after the death of one of my parents. The trust converts into more than one trust in order to take advanange of the maximum advantage of the current $7 million fed tax exemption ($3.5 million for each parent).

Does free rent continue after death of parents

majesty — Sun, 22 Nov 2009 09:36:06 GMT

My parents are giving me the home that I have been living in for over 10 years and some rental apartments via their Living Trust. My parents did not want me to pay rent due to my low income after the first year that I moved in the house. For the first year, I did pay $600 per month rent. There is no reference in the will or living trust regarding free rent, nor is there a rental agreement. The executer (sister) is aware of these facts, but there is bad blood between us...long story. Can the executer demand I pay rent and/or pay the taxes for the home that I am living in after the second parent passes away? Who determines what the rent should be since there is no rental agreement? ...

1) If the executor can demand rent, could I be evicted for non-payment from the home that I am suppose to inherit which has no mortgage?

2) Since I am also suppose to inherit rental apartments (paid for), wouldn't the rental income be held in trust until the assets were distributed, and wouldn't these funds automatically be applied toward the rent on the house. If so, there would be no reason to evict.

Probate retainer

agsby — Sun, 22 Nov 2009 19:07:16 GMT

Lawyer wanted 1000 retainer. When offered to pay with relative's money, lawyer had issue. Sent check a few weeks later to lawyer. Lawyer called 1 week later saying is going to refuse to represent, and sending check back. Lawyer sent letter demanding bank records to confirm check is from my account, sent back check uncashed, and notice that is no longer representing me and I need a new attorney. In meantime, lawyer submitted will to probate. I cannot afford to pay this attorney now, and get another one. Do not want to submit my financial info. Thank you.

Request to change Living Trust prior to death, what to do?

majesty — Sun, 22 Nov 2009 06:26:13 GMT

My father informed the executor (sister) to change my parents Living Trust (which has not been updated for 10 years) in order to switch two real properties, thus, providing me with the property valued at 900K instead of the one valued at 650K (thus, a $250K potential loss to the executor). This was to be done since I have several children, and the executor has none, and my father wanted us to be able to live in the larger home.

Unfortunately, shortly thereafter my father had a serious accident. While hospitalized, in a coma, he had no capacity, thus, the executor obtained a letter from the doctor stating that my father had no capacity, and another letter from my mother’s doctor stating that she was not competent to handle financial matters. This was done so that the “family” could take care of paying all the bills, housekeepers, etc., so that my mother would not be bothered with it. My father then died shortly thereafter, thus, there are now three trusts, for tax reasons, etc., and the executor now has control.

There is little doubt in my mind that the executor will not update the Living Trust, especially, since I was the only witness. Can I still have my mother request the change in the Living Trust? She is starting to have problems with her memory, can no longer walk, which is understandable at age 94, but she still communicates with everyone, reads, and is otherwise mentally alert

I considering just forgetting about it since I don't want to have my mother harassed by the executor, otherwise, what should I do in order to effect the c... in the Living Trust?

Renunciation

Kaplan18 — Fri, 23 Oct 2009 01:18:01 GMT

If you are an heir to an estate with others, are you obligated to sign a renunciation? If you don't, are their any penalties you will be liable for?

CA preservation of prior assessment 8 million estate

majesty — Sun, 22 Nov 2009 09:48:19 GMT

I understand that there is a one million maximum exemption in property value that can be given to a child (in addition to parents home), or two million if given by both parents via a Living Trust. If 4 children are going to inherit approximately 8 million in real property (home and apartments) who gets the exemption if there is no reference in the Living Trust? One child is going to receive the home and one apartment, and the other 3 children will receive two apartments each apartment worth about 1 million.

Powers of Trustees seems very liberal

majesty — Sun, 22 Nov 2009 05:08:39 GMT

Powers of Trustees in parents Living Trust seems unusually liberal. Is the following language standard for a Living Trust?

1) To invest in any kind of property, whether real or personal
2) To borrow money and pledge any of the Trust Property as security for loans
3) To acquire or dispose of Trust Property, for cash or on credit, at public or private sale, or by exchange.
4) To manage, control, divide, develop, improve, exchange, partition, change the character of, or abandon Trust property or any interest therein.
5) To encumber Trust property as Trustees may deem advisable.
6) To borrow money for any Trust purpose to be repaid from Trust property
7) To hire persons, including accountants, attorneys, auditors, investment advisors, or other agents, to advise or assist the Trustee in the performance of administrative duties.

And finally, Non-Limitation – Enumeration of certain powers of the Trustees shall not limit their general powers, the Trustees subject always to the discharge of their fiduciary obligations, being vested with and have all the rights, powers and privieges which an absolute owner of the same property would have.

One of my concerns is #3, esp. the private sale of Trust property.

Being able to sell assets, such as cars, at below market prices "privately" seems like an invitation to self dealing or to sweetheart deals with friends.

Strange Trust terms regarding selling inherited property?

majesty — Sun, 22 Nov 2009 03:38:55 GMT

There is a clause in the amendment of my parents original Living Trust that seems to me to be unenforceable and poorly written. It appears that the executor (sister) arranged with my parents to have his realtor friend (John) involved in the several real estate properties by other family members...each person is to receive a particular property.

It clause states, "John shall handle all of the legal paper work involved with transferring the legal titles of all of the real properties from the Trust Estate to each of the three said adult children. In the event that any one of the Trustees, in his discretion, decides to sell any of his real properties, each of the transactions and legal paperwork shall also be handled through John as the real estate agent in charge."

1) How can a non-attorney realtor handle all the legal paperwork involved with transferring the legal titles?
Doesn't the executor handle this...or an attorney retained by the executor?

2) How can I be forced to employ realtor John after I inherit the property? What if I choose to sell the property without the benefit of a realtor?

Executor Release

Hawayo — Thu, 19 Nov 2009 13:51:08 GMT

Hello ~ my brother, the executor of my father's estate, has an attorney who sent me a list of expenses paid since my father's death, and a release form to sign in order to receive my share of the inheritance, with great big arrows showing me where to sign. It releases him from all liability from things done or not done, states I agree with all financial accountings, prevents me from asking financial questions in the future, and also releases my brother's estate (my dad left him 'the contents of the safe', whatever that is, and I suspect he wants to protect that). My question is, in the state of VT, do I have to sign a release to obtain my share of the inheritance? If not, how do I proceed to obtain my share? And if there is more than one beneficiary who's being asked to sign, and one does sign and the other doesn't, does the one who signs receive their share when they sign or does s/he wait until all the monies are disbursed?

Thanks for your help...

Starting the Probate process

collectorz — Sat, 21 Nov 2009 03:31:26 GMT

My father passed away on July 18. He did not leave a will. He remarried in 1992, she survives. I have looked on the internet that since he did not leave a will and he & his wife did not have a pre-nup that half the assets go to the wife and half to the children (myself and 5 sisters and brother) in the state of Indiana. What are my options to start the probate process?

I need some guidance about a trust matter

I Will Survive — Wed, 30 Sep 2009 23:25:41 GMT

I really need some advice about a trust matter. The trustee has provided some information regarding a trust of which my son is the beneficiary. The receipts that the trustee submitted do not total the amount the auctioneer stated and charged commission on. There are also some other missing invoices for charges, and also property that is not accounted for. There was some property which my former husband told me was designated for our son. He told me that he had it listed separately in the trust, but he he als told me what his wishes were long before he ever got sick, and then when he was in the hospital sick and dying, he told me and our son what he wanted our little one to have. Well, the trustee sold those items. The trustee sold everything. My little boy has nothing from his dad; nothing. I wrote the attorney for the trustee and they have not responded, and they have not responded to my follow-up letter. I have been told by an attorney that I have a right to the information I requested. But here is what I am really uncertain about, the trust, which was written by hostile parties (relatives of my ex) state that it was my ex intenet to keep the trust blind and that no accounting was necessary, and once our son received funds from the trust when he turned 21, then accounting could be requested. Well, first of all, that makes absolutely no sense to me. This is not a 'blind trust' for a corporation or anything like that. And why no accounting until 21---by then any statutue of limitations has passed to do anything if there are discrepancies. To me, it's like telling the trustee they can do whatever they want with no accounting whatsoever and who's to say they might not just spend it all and the trust be gone. And now with me having trouble with the trustee and the way the language is written, I don't even know if I have a leg to stand on. Please give me your advice on how to proceed and what your thoughts are. Thanks.

Trust problems in California

cwill44 — Wed, 11 Nov 2009 01:53:15 GMT

My father passed a year ago. His Trust states that the assets are to be divided equally among the four children. There are 2 bank accounts and two homes (free and clear). The Trust states that there are no accountings or reports that are required from the Trustee. The Trustee is my father’s cousin.

My two sisters were given Power of Attorney ,9 months before my dad passed because he was going blind. My brother and I live in each of the homes (for about 15 years) and have never paid rent.

After my dad passed, we all agreed that my brother and I would continue to live in the homes and pay the taxes insurance and upkeep. I wanted to buy the home and asked the Trustee how much was in the bank accounts. The Trustee told me that he didn’t know because my sisters still had control of the accounts.

We had a family meeting four months later and talked about how to go about dividing the assets. I asked at the meeting how much was in the accounts. My two sisters and the Trustee said they weren’t sure but would get back to me. We were suppose to meet again but the Trustee informed me that my sisters could not attend. That was the last contact I had with my sisters.

The Trustee would call me once a month since then and asked me to make an offer on the house. I keep saying that I needed to know how much was in the bank accounts in order to decide if I wanted to buy this house. He kept saying that he didn’t want to make waves with the girls (because they had the bank statements).

Now a year after giving me the run around, he wants to charge me back rent (at 1,200 a month), and told me that I had no right to an accounting of the bank accounts because it says so in the Trust. He also said that because my brother and I were living in the homes, he decided to let my sisters have their share of the money.

By a fluke, I was able to obtain bank statements. There is over 10 thousand dollars missing (over and beyond my dad’s monthly expenses) from the time POA was given until my Dad’s passing. In two months after my dad died, 90,000 was spent (there were 72 cash withdrawals/charges in 2 months). There was also another big withdrawal leaving the accounts with only a couple thousand in it, but it was put back 2 months later. I have no idea what that was about.

My question is: do I have a right to know what the money was spent on? And do I have to pay back rent?

I am in the process of finding an Attorney-but I thought I would get a feel for what I’m in for. Thanks for any info

Can Executor Charge A fee

suggie — Thu, 19 Nov 2009 23:18:49 GMT

I have been spending my own money and putting alot of miles on my vehicle going going to unckles house and doing all the things for the estate is it my job to put on locks myself not hire someone

House needs alot of work so I have to meet contractors etc. Is this covered by personal rep fee or can I bill for gas etc at 2.57 a gallon gets expensive and its not like this is a hughe estate where I will make alot for being th adminstrator

General Releases

Fla954 — Fri, 20 Nov 2009 00:57:30 GMT

Does a beneficiary have to sign a General Release or just a Receipt? Can anyone be forced to sign a General Release; Executor insists upon one. There's no litigation involved with this matter, the Executor is just a very nasty and manipulative individual. How does the beneficiary get her money, because of this difficult Executor, who has not done her job and has been dishonest. Would this have to go to a court proceeding for the beneficiary to receive their money?? Seems like the Executor is afraid of something, maybe something they did and that they will be sued !!!!

Selling real estate from a will

lady liz — Fri, 20 Nov 2009 18:30:38 GMT

My husband is his mothers executor.Her will states that her property (house and and extra lot)should be sold and the money divided between my husband and his brother.Having never done this before do we just call a realtor and have them place the home on the market?The brother has been trying to cause trouble and he is saying my husband can't sell the property unless he signs off on it?We have an appointment with a lawyer Monday to deal with the brother,but I was just curious about the property aspect.The will says nothing about brother signing off on the sale-it just states the property is to be sold and the money divided.Thanks.

the paperwork

Joro B — Fri, 20 Nov 2009 17:46:46 GMT

Hello, I am the administrator of my late fathers estate and we are just about to wrap this whole mess up, (it has been almost 2 years because of a lot of extenuating circumstances) I need to get my final paperwork in to the lawyer of all the expenses that I've had in the handling of said estate. Is there a form or example of how to list these, so that I can look intelligent (lol), or do I just list them out on paper free hand?

Thanks Joro

Advice on Probate Contest

Fred Anonymous — Thu, 19 Nov 2009 21:51:22 GMT

My uncle died over the summer. From childhood he had never been well mentally, but never so unwell as to be put in the hospital.

For years he was one of those 'stay at home' sons who was too close to his mother, my grandmother. When she became ill and died, he formed an attachment with the woman who had been hired to be a caregiver. This was not a romantic attachment, more of a fixation on his part. He'd had a history of such things and had, for example, once been told to leave a restaurant and never come back after he bought a ring and tried to propose to a waitress he liked.

The caregiver didn't return his attention at first, but then something changed and they became somewhat friendly. Mainly this consisted of him buying things for her or her children, or giving her sums of money when she would tell him she needed it. We were never very comfortable with this, but then he was a lonely person and we thought that as long as he wasn't going broke, some more company could not be so very terrible. We may have been naive in that belief.

We were all in constant contact with him. He called my father at least twice a day and my father, who always felt a bit guilty that he had gone out and become succesful while his brother had not, almost always took the calls no matter what he was doing at the time. I spoke with him daily and we exchanged emails all the time as well.

About 18 months ago, my uncle developed health issues and visited a doctor for the first time since the late 1960's, as it happened, one of my father's partners. They found severely high blood pressure, so high he may well have already suffered a stroke and more than likely some brain damage.

Shortly after this, he cut off contact with my sister and me, despite many attempts on both our parts to restore it. He also, we now know, changed his will. He left token amounts of money to the two of us, nothing to our father and everything else to the caregiver.

We already have a lawyer investigating this, but I am curious as to any stories or strategies anyone else has to contest an estate. The matter will take place in New Jersey as that is where he lived and died and where the will was signed.

Does a house have to be sold to pay one's debts?

cmcannon — Thu, 19 Nov 2009 14:28:56 GMT

My father passed away in September 09 and I was told that being his only heir his house automatically went to me as of the moment of his death. I was told that I could rent it out or sell or whatever I wish and that it would be my money and not the estate's. Now that I have decided not to sell it, the lawyer is telling me that I have to sell it to pay his debts, and that according to NC law since he has no money to pay his debts, the house has to be sold to pay them. Is this true?

does the trust have to go through probate?

jroberts — Tue, 17 Nov 2009 21:15:36 GMT

it's an irrevocable trust which was created by my step grandfather...he set it up for my step-dad...the trustee was the bank...my step-dad had the power of appointment on his death which he exercised in his will, giving the distribution and remaining principle to me upon the death of my mom...the bank remains the in control of the trust and the trustee until my mom's passing...

we don't know if the trust has to go through probate like my step-dad's other assets(bank account, car, etc)

any thoughts?

Executor Question

FlyingEagle — Thu, 19 Nov 2009 12:45:01 GMT

We were given items from my father almost 20 years ago that pissed off my younger sister. The items are not in the will at all. However my sister who is the exeuctor is saying that the items were on loan and are part of the estate and must be returned. We have proof they are ours, but of course have to go to a hearing for a Judge to settle this. This same sister is also having items from the Estate sold under the table to avoid tax impact.

Assuming we win, can the Judge order her to pay the extra legal fees she incurred back to the estate, and can he order her to pay our legal fees?

What happens when one dies with debt, no will, no assets

cxtika8 — Wed, 18 Nov 2009 16:49:30 GMT

My aunt recently passed, leaving no will, and no assets, my mother owns the house she lived in, she had a small insurance policy and small pension, of which my sis is beneficiary, also it's already spent. Other wise she had nothing, but furnishings in the house. But she left credit card debt. What happens now? Who will have to pay that debt??

Question re: Creditor notification & obtaining annuity info.

tlaingworth — Wed, 18 Nov 2009 20:37:59 GMT

I am handling probate matter in the state of Oregon. No death certificate has been issued in this case because his body has not been recovered (missing and presumed dead).

At the time of his death he had a Life With Certain Annuity, which had 11 (out of 15 original) annual payments still to be paid. He received this annuity in settlement of an automobile accident case.

I have been advisded by the judge to provide:

Information about the annuity including series of payments, etc.; I do not know if I have all paperwork and the Insurance Co. who issued this annuity refuses to release any information without a court order. How do I handle getting the information.
Proof of providing proper notices to creditors and other interested parties. Do I need to do more than publish notification in the local newspaper? Should I write each creditor? How do I handle this?

Any help I receive in this matter is greatly appreciated!

All help is greatly appreciated.

Probate forms for Elmira Oregon

SuzanneB — Tue, 17 Nov 2009 22:53:28 GMT

Any idea where I can get Court forms to probate a will? I checked the Lane County Court website and there are no forms. He cannot afford an attorney as he is on social security. His dad died, leaving everything to his him. He has a "small estate"...there must be some way to do this yourself. Any thoughts?

name and estate

Ivie — Tue, 17 Nov 2009 16:38:38 GMT

My husband and I have been together for 20 years and are legally married.However his x-girlfriend whom he was NEVER married to and had 2 children with has been using his last name as hers. Is this legal? Is there a way to make her stop? I don't know how she has managed to get a drivers license, credit cards etc. using his name.Is that legal? Will she be able to claim any of his social secruity, pension, estate,or life insurance because of this?