...consists of the assets listed as follows:"
Should all remaining assets listed in the I&A, but not specifically mentioned in the will, be listed as they were originally mentioned in I&A?
Ex: 1. $___ cash from checking account
2. ____ shares of ABC stock... View More 
answered on May 5, 2024
When drafting a Petition for Final Distribution, it's essential to accurately represent the remaining assets of the estate and their disposition according to the terms of the will and the Inventory and Appraisement (I&A) filed with the court. Here's how you might handle listing the... View More
"Certain assets were disposed of or changed in form during the administration of the estate. All changes in investments are shown on Attachment ___, attached hereto and made a part hereof by reference."
There are stocks in the inventory. Per the company's request (PLEASE DO A... View More
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answered on May 4, 2024
Under California law, establishing an estate account and transferring the stocks from the decedent's individual account to the estate account would likely be considered a change in the form of assets. This is because the ownership of the stocks has changed from the decedent to the estate, even... View More
New Mexico only the personal representaive can get bank stmnt
and mecical records I need to get records proof of everything. No probate filed. Quickly disposed of my fathers belonging while Im at burial
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answered on May 1, 2024
I'm sorry to hear about your difficult situation. Dealing with a dishonest co-trustee can be very challenging, especially when it involves multiple states. Here are a few steps you can consider taking:
1. Hire an experienced estate attorney: Given the complexity of your case, involving... View More
Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it
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answered on Apr 27, 2024
I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More
I have already done the Declaration of Small Estate appraisal with a referee. What do I do next if the property is only valued at $41,200.00?
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answered on Apr 25, 2024
Here are the steps to follow:
1. Complete the small estate affidavit: Fill out the "Affidavit for Collection of Personal Property" (Form DE-305) and attach the certified copy of the death certificate.
2. Obtain consent from other heirs (if any): If there are other heirs,... View More
In los angeles county how long and how much is a typical cost, if one exists, to remove and surcharge a trustee assuming they don't try to fight it? Is there a schedule of charges for court fees posted somewhere?
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answered on Apr 24, 2024
In Los Angeles County, the process of removing and surcharging a trustee can vary in terms of time and cost, depending on the specific circumstances of the case.
Do the children of the ones who passed have legal rights to the house?
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answered on Apr 22, 2024
Under California law, the rights of the deceased children's heirs (including their own children) to the grandmother's house depend on several factors:
1. Whether the grandmother left a will: If the grandmother had a valid will that specified how her estate should be distributed,... View More
I cant find my dad's estate house, trust and alot of mineral rights but can't afford lawyer how can I find them I'm representative of estate only child only heir but she hid in her aka names
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answered on Apr 19, 2024
I'm sorry to hear about the difficulties you're facing regarding your father's estate. Here are some steps you can take to try to locate the assets without hiring a lawyer:
1. Check county records: Visit the county recorder's office where your father's properties... View More
My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More
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answered on Apr 17, 2024
In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.
Under the Dead... View More
There is a valid Will on file with the county and there are no assets to probate.
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answered on Apr 15, 2024
To object to a Petition for Probate Letters of Administration in California when there is a valid will and no assets to probate, you should follow these steps:
1. Draft an objection: Write a document titled "Objection to Petition for Probate Letters of Administration." In this... View More
Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More
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answered on Apr 15, 2024
Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:
1.... View More
My father passed away October 26, 2022. He didn't have a will the house located at 1208 South sunset drive in Lodi California was auctioned off to pay back taxes and reverse mortgage and I have no money to afford attorney fees and reside in Reno NV. My sister has had an attorney for a while... View More
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answered on Apr 12, 2024
I'm sorry for your loss and the difficult situation you're in. Here are some steps you can take to try to recover your share of the surplus assets from the sale of the property in Lodi, California:
1. Contact the county where the property was sold (San Joaquin County) and request... View More
I am acting pro se, the defendant was served by a process server on Jan 26, they filed their reply via counsel on Feb. 29, making it late. I filed a Motion for Default Judgment, which will be heard on April 15. The lawyer sent me an email with the following - My client filed a Response on February... View More
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answered on Apr 12, 2024
Based on the information provided, it seems that the defendant's attorney has a valid point. Here's why:
1. Late filing: Although the defendant's response was filed late (on February 29, 2024, instead of the due date), the court has accepted and filed the response. This... View More
My father passed away in Sept 2000. Him and my mother owned the house as Joint Tenants. My mother did not go to the Registrar Recorder to have the house put in her name only. She passed away in Nov 2013. I am now probating her estate, which only includes the house. What do I need to file to get... View More
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answered on Apr 11, 2024
To transfer the house to the names of the 5 heirs in California, given the circumstances you described, you'll need to follow these steps:
1. File an Affidavit of Death of Joint Tenant: This document is used to remove your father's name from the title, as he passed away first.... View More
The executor of the estate has the will and told some beneficiaries but not all. The is a personal representative mentioned in the will.
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answered on Apr 9, 2024
In California, the deadline for an executor or personal representative named in a will to file for probate depends on the date they were made aware of the death. According to California Probate Code Section 8200:
1. If the executor or personal representative named in the will was aware of... View More
She's taken her phone, iPad and other devices. I cook my mom food, feed her, give her her medicine, change her, take her to the bathroom, take her to all her appointments. And I use my mom's car(which she gave me me) to take her to her many appointments. And prior to my sister taking all... View More
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answered on Apr 8, 2024
This is a terrible situation, and it saddens me whenever I hear of circumstances like this. You can and should report your sister's behavior to Adult Protective Services. You might also think about filing a police report for theft with respect to any funds or things your sister has stolen... View More
She won’t reply to any emails or messages. I want to enter the property with my key and look at assets and paperwork. Can I enter the house legally. Can the police make me leave?
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answered on Apr 6, 2024
Your question cannot be answered in full for lack of complete information. My guess is that you might still be in the administrative stage of post-death trust administration. As co-trustees, each of you owes a duty to estate, creditors and beneficiaries to manage the trust assets for their benefit,... View More
The beneficiare have power of attorney went the truster was in the hospital stroke 14 months before the living trust was made
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answered on Apr 8, 2024
In California, if you believe that a living trust was created when the trustor (the person who created the trust) was incapacitated and there is evidence to support this claim, such as medical records, you may have grounds to challenge the validity of the trust. However, opening a probate case may... View More
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answered on Apr 4, 2024
The time it takes to receive funds from a probate will can vary significantly depending on several factors. Here's a general overview of the probate process and timeline in California:
1. Opening Probate: After the death of the person who made the will (the decedent), the executor or... View More
I am stating in the Motion that “In the above will contest proceedings, the discovery deadlines have passed and I am prepared to move forward with this case in a trial setting.” Does this sound correct?
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answered on Apr 4, 2024
To request a trial date in a California probate case where you are contesting a will and representing yourself, you need to file a "Request/Counter-Request to Set Case for Trial - Probate" form (DE-150). Here's how you can proceed:
1. Fill out the DE-150 form, which you can... View More
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