QMy mom got an official looking letter from “Property Records.” They offered to provide my mom with a property profile on her home for the cost of $127. She had just transferred the title of her house to her trust and she thought she needed to get this property profile to evidence the transfer. I intervened and just called her attorney for confirmation. Can you warn your readers about this kind of scam?

A Yes and, readers, consider yourselves warned. This kind of solicitation often follows on the heels of a property title transfer and while the company you mention will provide information on your property title, you do not need to spend the extra money to evidence the transfer. As mentioned, this evidence can and should be provided to you by the attorney who assisted you in the transfer.

While on the topic of transfers of real estate to trusts, let me again warn you that when you transfer title to your trust, you must inform your homeowner insurance carrier of the transfer. Californians have recently had the experience of an insurance carrier refusing to cover damage to a home because the homeowner had transferred title to his trust and had not notified his carrier of the transfer. It is a small inconvenience to make the call to your insurance agent, but well worth the time and effort.

QMy aunt died in December, and my father was the beneficiary of her life insurance policy. Unfortunately, my father died two months after my aunt. Dad was diligent in setting up a trust and we felt that taking care of his estate through the trust would be smooth sailing. However, because my aunt named my dad and not his trust as the beneficiary of her life insurance policy, we now need to do a probate just to claim the death benefit on Auntie’s insurance policy. While the benefit is considerable, the probate is, in my opinion, a waste of time and money. Is there a way to avoid this kind of thing from happening?

A My condolences for your loss. Unfortunately, this scenario with life insurance happens fairly often. An unintended probate can also be needed if your Auntie named your father as a beneficiary of her estate. These situations are difficult to avoid. If your father knew that Auntie named him beneficiary of her life insurance, he could have asked her to change the beneficiary to his trust, instead of to him, individually. This would avoid a probate. Also, most trusts include a schedule of assets that are to be governed by the trust. If your father had added to the schedule “death benefits for any life insurance policy of which I am the named beneficiary,” a full probate may have been avoided. I say “may have been avoided” because the court would have the last word on whether a full probate is needed or a shortened court action, known as a Heggstad petition, could be used.

Q Both my mom and dad suffered from dementia at the end. When mom passed, dad would “forget” she was gone and each time we reminded him, he would cry and grieve all over again. Finally, we kids decided to just say “Mom is at the doctor’s office.” He would soon forget he’d asked but we bypassed his repeated experience of loss. We felt bad about lying but also felt it was the best thing.

AIn this situation, your “lie” was the most compassionate response. What a sad and difficult position to be put in and I commend your kindness.

Liza Horvath has over 30 years of experience in the estate planning and trust fields and is the president of Monterey Trust Management, a financial and trust Management Company. This is not intended to be legal or tax advice. If you have a question call (831) 646-5262 or email liza@montereytrust.com