Attorney Carol A Fauerbach - LII Attorney Directory
Home California Sacramento County Folsom Carol A Fauerbach	
Taking the confusion out of estate planning, trust administration, and probate.
Q. How do I make sure when my elderly father passes away that my sister doesn't take all of his assets and keep them
A: As long as your father is not incapacitated, an attorney can assist him in preparing a Will or Revocable Living Trust to allow him to designated how his property would be distributed if he were to pass away. Advance Health Care Directive and Durable Power of Attorney documents are also important to make sure that your father designates someone who can assist him if he becomes unable to make his own medical or financial decisions. Your father should consult an attorney regarding his estate planning needs and options.
Q. Can my husband & I make changes to our living trust without using a lawyer, if our signatures are notarized? Thank you.
A: Although you and your husband can make changes to your trust, it is important to review the changes with an attorney to make sure that there are no unintended consequences, and to make sure that the changes are done in a manner that makes them legally effective and not likely to cause confusion or litigation among beneficiaries if you pass away or become incapacitated. It is a good idea to have your estate planning documents reviewed every few years to make sure that the they still reflect your current needs as well as changes in the law. Also, it is a good idea to consult with an attorney to make sure that your trust is funded appropriately.
Q. Is my grandmother the sole mortgagee of the house now?
A: She will need to continue to pay the mortgage payments. Depending upon how title was held on the house, probate may or may not be required. If your grandmother does not have an estate plan already in place and current, now is a good time to seek assistance from an estate planning attorney to ensure that there is no probate required for her heirs, and that she has designated individuals to handle her financial and health care needs if she is unable to do so in the future. Your grandmother should consult a probate/estate planning attorney to confirm what needs to be done to transfer the house to her name alone, and to establish an estate plan that protects both her and her heirs.
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