Legal Question in Wills and Trusts in California
Is there a law stating how much money to leave each person
I am getting ready to help my mother (65 yrs)with a ''Do It Yourself'' living trust. She doesn't have any money but worked all her life for her house, not completely paid off yet. She works as a caregiver with elderly people, hasn't saved much having to always help her adult children with problems. She wants to leave me in charge to distribute the sale of the house evenly. Does she put on the living trust, a percentage, and one daughter she wants to give a lot less than the other four. She said there is a law that says she needs to give everyone exactly the same amount. She doesn't want to leave her nothing, but something. This one child would sell my mom short all the time, and bad feelings have built up, but mom feels bad if she leaves nothing. How do we list this in the living trust. No one would contest the living trust but this one child because she is greedy. I've read through all your questions and could not find anything re this. Since she is still alive everyone talks about what they are going to get and want, my only brother wants to keep the house in full, mother finds him greedy too. She trusts me and I can't afford to do her living trust also, so need to do it ourself, any additional advice would help.
Thanks for info.
5 Answers from Attorneys
Re: Is there a law stating how much money to leave each person
She can disinherit anyone she wants. There is no law. If she doesn't have a trust or will, then all heirs receive an equal share.
Be careful of "do it yourself" trusts and wills. They often come out "done wrong" and then it would be as if there was no trust.
Re: Is there a law stating how much money to leave each person
For starters...I can't stress this enough...do not use a pre-form trust. You are just asking for problems later.
To answer your question, you want to make the information as descriptive as possible. Really try to spell out your mother's desires and wishes.
Take a look at our firm's site at www.No-Probate.com. This will give you some information regarding trusts.
If cost truly is the issue that is preventing you from using an attorney, please know that our firm, and I am certain others as well, offer both sliding scales and payment plans (no interest, of course).
As an Estate Planning attorney I can't tell you how many times I've heard people complain that the form trusts (and wills) do not do what they want, or what their parents wanted. They are just not robust enough and they do not allow for the small contingencies that can occur. There are funding issues, specific gift issues and there can be some SERIOUS tax consequences.
If you would like to discuss some of your other options, as well as some paymen options, please feel free to contact me at my office for a free consultation at 626-578-0708.
Scott Linden
Re: Is there a law stating how much money to leave each person
As indicated by other writers, there is no requirement that the estate be split evenly. It is your mother's money and she can do anything she wants with it.
Another reason to avoid a 'form' trust is that if you prepare it for your mother, any gift to you will be presumed fraudulent under the law. See, Probate Code sec. 21350. In this situation, your siblings could file a challenge to the trust and the result could be not only that you are dis-interited, but also that you are liable for their attorneys' fees.
This is just one of many pitfalls associated with doing your own estate planning. I'm sure you will find an attorney who can help your mother on a payment plan basis. Spend a little money now to avoid a disaster later.
Re: Is there a law stating how much money to leave each person
This is an easy answer and I don't care what the question is. Do not under any circumstances help with a "delete yourself" trust. They are far too complicated and if it is oversimplified you probably will cause more damage to the estate and the distribution of the estate then attorney who is an expert in estate planning/probate work. Don't be foolish. Don't be a penny pincher. We're talking about hundreds of thousands of dollars in equity in a residence. You're talking about dealing with a trust and later attempted to sell property and have a title company insured title to the property. You are not schooled properly in dealing with this asset, in dealing with a living trust. Therefore, find an attorney who is an expert in estate planning/probate explain the situation and find out how much he/he will charge you. Do this with three or four attorneys of necessary over the phone and get any price valuation and take my advice. I noticed numbers of attorneys have already answered this question and if they said anything different I would be very surprised.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: Is there a law stating how much money to leave each person
It is criminal to practice law without a license and also to assist such a one. The practice of law is not for amatuers, get repesentation. An estate plan including durable power of attorney for medical decisions should be less than $ 1K. Call me directly at (619) 222-3504.
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