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Steiny

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  1. "Why do they/you want an Oregon LLC to own a piece of property in CA? Why not a CA LLC?" There are currently 4 beneficiaries of the trust who will be owners in the LLC. 3 of the 4 live in Oregon, 1 in California. It was just easier to meet with an Attorney in Oregon and set thing up in Oregon. "Up until this point, your post was written entirely in the third person. Now, without any explanation, you started writing in the first-person. I assume that you are one of the beneficiaries. Correct? If so, are you also the trustee (or one of the co-trustees)? If not, is/are the trustee(s) also beneficiaries?" I am one of the beneficiaries, yes. I am not the trustee but the trustee is also a beneficiary. "Safe to assume, then, that none of them are interested. How exactly did you contact them?" All contacted via email. Just figured I would give them a brief run down and then I might get a reply like let's talk on the phone. But nothing. I am a little hesitant to call an attorney who does not even take the time to respond to an email even if the response if, call so we can talk. Common courtesy in my opinion. "That would be giving legal advice, which isn't permitted here. Is there any reason why you or your Oregon attorney believe anything other than grant or quitclaim deed is needed? Have you visited the website for the county recorder of the county where the property is located?" Our Oregon attorney advised us to seek a California attorney to handle the transfer of the property. I/We have never done such a transfer before. I have asked our Attorney on more than one occasion to tell me what is needed and all I get is he will research it and get back to me. I am assuming he does not have time to research this and quite frankly I am little tired of having to deal with the slowness of our Attorney. I did some searches online and found some quitclaim forms (pay and non-pay) that do not look too hard to fill out. If that is all that is needed to change the name on the property, then I think I can handle that. But that is the problem, I don't know if that is all that is needed. I mean, does our Oregon LLC need to be registered also in the state of CA too? I am sure that whatever is needed is not too hard to do. It is finding what actually is required that is the problem. I/We got no problem hiring a CA Attorney to do this for us but going that route has not yielded good results so far. We plan to transfer the property at the end of this year. Glad I am starting now trying to either find an attorney or figure it out. ​ ​
  2. I hope this is the right place. Grandmother had a trust that was set up in Oregon. In the trust was a a commercial piece of property located in California and a residence located in Oregon. Grandmother passed away. Oregon house was sold and is not in the trust any longer. The beneficiaries of the trust are wanting to close the trust and set up an LLC moving the commercial property from the trust to the LLC. The LLC has been set up in Oregon along with operating agreement. The attorney who handled setting up the LLC has advised us to transfer the property from the trust to the LLC, we should hire a California attorney for that process as he does not know what all is needed. I have contacted 3 real estate attorneys in California near where the property is located and near where one of the owners of the LLC lives. All I want is an estimate of what it will cost to get this done and also any other paperwork that may need to be filed as well. Not one of these 3 attorneys has got back to me yet with a price and it has been a month. So as part owner of the LLC, I am ready to just do this myself. Is there anyone here who can tell me what is all is necessary paperwork wise or a good website that I can go to see what is required. I can only assume that perhaps this is such a small job for an attorney that they do not want to be bothered with it. Any help would be appreciated. Thank you.
  3. No need to write a letter. It is done and over with. I probably should have tried to talk to them a little more instead of just taking the first answer out of their mouth. I try not to cause problems and was steering away from one. Yes, I am aware that probate files are public record. Thank you for your time and responses.
  4. Thank you for your comments. I realize that I will not get the $100 back. As far as having to consult an attorney to find out what happened, that is the choice I made. I did not want to do that but the letter from the court seemed threatening to me and as a lay person handling my mother's estate, I was a little taken back by the threatening letter. The clerk of the court would not tell me what was missing, even though I knew nothing was. I did not want to cause a problem in person so I accepted what they said and left. As far as it isn't legal advice to tell me what was missing, apparently in this county it is. For example, earlier in the probate I did not file the inventory on time. I had it ready but forgot. I got a letter less than a week later reminding me that documents were missing. I knew a document was missing. When I contacted the court, they would not tell me what documents were missing. I called the lawyer who made a phone call or maybe went over himself to the courthouse and they told him what document was missing. Had they just said a document was missing I would have known what it was. But by saying documents, that threw me for a loop. All of this is a learning experience for sure. I am certain that I will have to deal with legal issues in the future and this as well as other experiences I have had with the legal system/tax system hopefully will help. I am not meaning to offend anyone here, but I do not believe that every situation out there requires someone to have legal advice from a lawyer or even have a lawyer represent such a person. I also do not believe that just because someone is a lawyer and charges upwards of $200 an hour and specializes in a specific area of law that they will do a better job than what a lay person can do in some circumstances. I look at a lawyer as a super nice power tool in a tool box. Sometimes you need that power tool. But many times a simple screwdriver will do the job just as well. Have a great day and thanks again for responding.
  5. Thank you very much for your comments. It seems to me to be fairly simple process. The bigger issue the beneficiaries have is contemplating the setting up of the new corporation. What type of Corp. Which state? By-laws, and how to have it set up when these beneficiaries pass away and their heirs interests.
  6. My Grandmother's trust was formed in Oregon. She passed away in 2002. Her 3 children are the beneficiaries of the trust. One of her children is the trustee. At this point in time, the beneficiaries of the trust (all of them) would like to dissolve the trust. There is one piece of commercial still in the trust that the beneficiaries would like to transfer out of the trust to a corporation. The commercial property does not have any debt. There is a lawyer that my Grandmother used to put together her trust. The beneficiaries do not wish to use that lawyer. My question is this. Once the property is transferred/re-titled in the name of the corporation, does any sort of legal document need to be filed with the court to dissolve the trust.? If so, does anyone know where I can get such a legal document?
  7. State = Oregon. My mother passed away in July of 2013. She did not have a will. As one of her two children, I filed in court to handle her probate. I handled all the filings for the probate of her estate. I did consult with an attorney and he agreed to consult with me if and when questions would come up. Nothing personal but I did not want to pay an attorney $5000 plus a percentage of the estate for a very simple probate. But none of that is the issue. And please forgive me if I do not use the exact proper terminology. Anyway, I went through the entire probate process and the probate is now closed. During the probate, I had a deadline to file the inventory and I missed the deadline. About a week after the deadline I got a notice from the court stating that some documents (plural) were missing. So I called the court and asked them which documents were missing. They told me that they could not give me legal advice and I would have to consult an attorney. I knew the inventory was late, but when they said documents vs document, that threw me for a loop. So I went back through everything on my ticker list and instructions. The only thing that stood out was the inventory. So I had to call the attorney and he made a call or went over the court and apparently they told him what was missing which was only the inventory. It seems to me a little unfair that they told the attorney what was missing, but since I am a lay person they would not tell me. In my view it was a little misleading to say documents vs document. Had they said document, I would have known it was the inventory. The inventory was filed and all was good. Now the probate is closed and a couple of weeks after I get in the mail a letter from the court an it says that I am missing "Receipts of Distribution" and "Closing Judgment" are due in the probate. So I go back through my ticker list and my instructions. I triple checked everything. Both of those documents were filed with the court. So I go down the courthouse with those documents in hand that I filed. I tell the lady at the desk to please look into this as I have filed these documents already and the probate is already closed and I have been relieved as the administrator. She tells me she will look into it but that she cannot give me legal advice. I come back the next day and she tells me she looked into it and all she says once again is she cannot give me legal advice. My opinion is I do not think she even looked at the file or asked anyone else to look into it. I am not wanting to upset anyone and do not want to upset myself so I just leave. I call the attorney. 3 days later he gets back to me and he tells me an error was made and everything has been filed properly and not to worry about the letter that I got. He also sends me a bill for $100 to take care of this. My question is, do I have any recourse to get my $100 back. I had to consult an attorney because the court made an error. I think the woman at the courthouse who talked to me pretty much blew me off. I am not trying to get her in trouble or fired. I know mistakes are made. I just want to know if I have any recourse with the court to get my $100 back or should I just forget about it.
  8. Hi. I have seen a copy of the trust. I have access to it anytime. The trustee is my aunt (my mother's sister) who is also a beneficiary of the trust. The other beneficiary of the trust is my uncle (my mother's brother). However, I do not remember the wording of the trust regarding what happens if a beneficiary passes away. I do know this, the other two beneficiaries of the trust without question acknowledge that what used to be my mother's beneficiary interest in the trust goes to her heirs which is my sister and I. No one is contesting that at all. So your question about will the payments stop is no they will not. When my mother's probate is closed, the payments will be written to my sister and I. And yes, the real estate is titled in the name of the trust. I have realized now why my mother's probate has been a little weird in terms of how do I list the assets of the estate. What should have happened is after my grandmother passed away is the assets of the trust should have been re-titled in the names of the beneficiaries or a corporation of which they were owners. And then the trust dissolved. Then when my mother passed away, she would have assets titled in her name that through her probate would have transferred to my sister and I. But my grandmother's trust did not get handled that way. Right or wrong, that is the way it went down. The two properties in the trust are a house that my mother lived in that was paid for by the trust and a commercial property that generates income. The house is currently up for sale and we have an offer that was accepted and if all goes well, it should close escrow in mid March. The proceeds from that house will go back into the trust and dispersed out 1/3 to my uncle, 1/3 to my aunt, 1/6 to me and 1/6 to my sister. The commercial property is sort of up in the air in terms of what we want to do with it. One possibility is my uncle buying out my sister and I and then he and my aunt would form a corporation and re-title the property. Another possibility is I may buy out my sisters interest and then again we would form a corporation between my uncle, my aunt, and I and re-title the property and dissolve the trust. There are two or three other scenarios we have talked about but nothing has been decided yet. The ultimate goal is to get that trust dissolved sometime over the next few months.
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