News

This week , Sacramento estate planning attorney Kay Brooks answers a reader’s power of attorney question in the Sacramento Bee column “Ask the Experts.”

Q: I have power of attorney for my 96-year-old great grandma who is suffering from dementia and is no longer able to live in her home. She has a vacant home in Bakersfield. I am wondering if I should leave the home vacant until she passes or would there be benefits to selling it while she is still alive? — Linda, Fair Oaks, CA

To read Kay Brooks answer, visit the Ask the Expert column here on the Sacbee.com

Download: Lee Smith Joins Weintraub Tobin.pdf

SACRAMENTO / SAN FRANCISCO / LOS ANGELES –Weintraub Tobin Chediak Coleman Grodin Law Corporation, a business law and litigation firm, is pleased to announce that Lee N. Smith has joined the firm as a shareholder in its Real Estate Group and will head up the firm’s emerging environmental and agriculture law practice.

Smith has extensive experience in land use regulation and development, environmental compliance, water law and litigation. “Lee is an outstanding attorney with considerable experience in the real estate arena and we are thrilled to have him join us,” said David Krotine, Chair of the firm’s Real Estate Group.

Smith’s practice over the last 25 years has included cases relating to federal and state water quality, air quality and hazardous materials compliance issues, Prop 65 and Food Safety issues. He has handled cases before the Central Valley Regional Water Quality Control Board, the San Joaquin Unified Air Pollution Control District, and local environmental agencies. He has also been involved in state court litigation concerning the California Environmental Quality Act (CEQA), and Prop. 65 litigation, as well as federal litigation involving the Clean Air Act and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).

“Lee is a talented attorney. He brings a wealth of knowledge to the firm’s emerging environmental and agriculture law practice. We are proud and honored that an attorney with such high caliber would come and be part of the team at Weintraub Tobin,” says Michael Kvarme, the firm’s Managing Shareholder.

“This is an exciting new chapter in my career and I look forward to bringing a fresh perspective to Weintraub’s real estate group, which already has an enviable track record and impressive reputation,” says Smith.

How to retitle property after a divorce. How to handle a trust after a spouse’s death. This week, Sacramento estate planning attorney Kay Brooks answers readers’ questions on those topics in the Sacramento Bee column “Ask the Experts.”

Q: I am recently divorced. My ex and I still own a house together, listed on the deed as community property with rights of survivorship. Is it necessary to change the deed? If so, how should we be listed?

To read Kay Brooks answer, visit the Ask the Expert column here on the Sacbee.com

This week , Sacramento estate planning attorney Kay Brooks answers a reader’s living trust question.

Q: I am writing for my Aunt A. My grandmother died in the 90’s. She had a living trust that gave her house to her two daughters, Aunt A and Aunt B. Aunt A took care of my grandmother towards the end of her life, and the trust was changed to give her 3/4 interest in the house. Grandmother died in a nursing home, paid for by the county. Aunt A has lived in the house all these years, taking no action to close the trust or anything. She was afraid she couldn’t afford to pay the attorney to do the administrative work required, afraid that the county would want some money for grandmother’s care, and afraid Aunt B would find out she got more interest in the house. So she’s done nothing at all. Aunt A is having health problems and needs to refinance the house for money to take care of her health and because the house is in disrepair.
My question is this: what is her legal liability at this point? She is afraid to take any action, because she doesn’t know what the ramifications will be.
Any information or advice you can give us would be greatly appreciated!

– Joy, Sacramento, CA

To read Kay Brooks answer, visit the Ask the Expert column here on the Sacbee.com

This week , Sacramento estate planning attorney Kay Brooks answers a reader’s probate question.

Q: I read the article about trusts, which are used to avoid probate. How much would a simple probate cost…no real estate, just cash and IRA? My son processed his divorce papers through court with all the online resources, so I’m inclined to think that person with a duplex doesn’t need a trust. How many of us die in our residence? — Linda, Folsom, CA

To read Kay Brooks answer, visit the Ask the Expert column here on the Sacbee.com

This week, Sacramento estate planning attorney Kay Brooks answers readers questions in the Sacramento Bee column “Ask the Experts.”

Q: My wife and I are trustees on our Revocable Trust. My wife died recently. My question: What do I do now regarding the trust? I’ve received different advice such as do nothing to I must file a tax return. What about time frames for acting? Also, I understand that any shares of stock gets a step-up in basis, either a 100% or 1/2 step-up. How do I accomplish this step-up? — Lewis, Rio Linda, CA

To read Kay Brooks answer, visit the Ask the Expert column here on the Sacbee.com

This week, Sacramento estate planning attorney Kay Brooks answers readers questions in the Sacramento Bee column “Ask the Experts.”

Q: We have an older Trust which was written when our children were minors. We need to update and make some changes since the children are now in their 40s. We need recommendation for a trust attorney in our area, we are elderly and driving into the city is a problem for us. It is important to make changes in our trust before we are gone from this earth. Recommendations for a good and reasonable priced attorney in our area would be appreciated. –Gloria, Gold River, CA

To read Kay Brooks answer, visit the Ask the Expert column here on the Sacbee.com