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John Rogers Burk, A Law Corporation (916) 784-7030 info@roseville-estate-planning.com
We live in Ca. My mom died, my brother is executor of the trust.: He is very mean, and difficult as it is, but he wont show the trust to us, and wants to buy three of us out of the house. He says if we cause any trouble, the trust says we are cut out. Dont we have the right to see my moms trust? Thank you for your help at this most difficult time.
Posted 30 days ago in Trusts
John's answer: If the trust became irrevocable upon your mother's death the Trustee is required to give you notice of that and the right to see the relevant portions of the Trust. Exercising those rights is not a "contest" of the trust, which is often prohibited. Your brother can offer to buy you out, but the house must be appraised and fair value given, especially if he is the Trustee and in control. You definitely need an attorney.
Posted by a user, 29 days ago.
Do the powers granted under the Uniform Statutory Form Power of Attorney (CA probate code sec 4401 Prob) end upon death?: Do the powers granted under the Uniform Statutory Form Power of Attorney (CA probate code sec 4401 Prob) end upon the death of the person who granted the POA? The situation is, an elderly lady gave the POA described above to a close friend a year before her death. The lady died in April 2010. The friend thinks he still has the power to act on her behalf, even though she has died. The lady had a will naming a different person as executor. There are no assets left in the lady’s estate, but there are things that need to be done. Who has the power to do the estate business? The Atty-in-fact or the Executor?
Posted about 1 month ago in Power Of Attorney
John's answer: A power of attorney does not survive the death of the principal, except as to authorizing an autopsy. The person nominated in the Will as executor would have priority, but no authority unless appointed by the court.
Posted by a user, 30 days ago.
Will I have problems asking for a petition for my son that was givien to me in Mexico?: I was given a son in Mexico becuase the birth mother didn't want him. When the real birth mother got to the hospital she even used my name so that the birth certificate said that I was the one that gave birth to him. I had brought my son to the U.S. illegally, so i now want to make a petition so he can be legal in the U.S. And I am a U.S. resident and my husband is U.S. citizen.
Posted about 1 month ago in Immigration
John's answer: We adopted three babies in Mexico, legally, then immigrated them. We had friends at the same time that "smuggled" babies into the U.S., saying that they were their own babies. We were informed by the Mexican consulate that it is a felony in Mexico to lie to a public official, so we wanted no part in the short-cut adoptions. As I recall, the other family waited two years and then could apply for some sort of legal residency for their children brought in like yours was. Then ultimately adopt and make them citizens. You should inquire of the Immigration and Naturalization Service, but do so anonymously so an over-zealous official doesn't try to make trouble for you or your child.
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