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
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
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'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
I'm sorry to hear about the difficult situation with your sister and the care of your mother. It sounds like a very challenging and stressful time for you and your family.
A few thoughts:
First and foremost, if you suspect your sister is misusing her power of attorney or your... 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
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
As a co-trustee and 50% owner of the property, you generally have the legal right to enter the home, even if your sister currently resides there without your permission. However, to avoid potential conflicts or legal issues, it's best to proceed cautiously and consider the following:... 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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answered on Apr 4, 2024
In California, the term "record" in the context of litigation generally refers to the official case file maintained by the court, which includes all the documents and evidence submitted to the court before the judgment is entered. This typically includes:
1. Pleadings (e.g.,... View More
Can it be contested by a beneficiary who was also an heir?
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answered on Apr 3, 2024
Under California law, the waiting period for a successor to file for probate after the death of the decedent is 30 days, not 40 days. So if the successor waited 38 days to file, they are still within the legal timeframe.
California Probate Code Section 8200 states:
"(a) Unless... View More
I am a beneficiary in my grandparents trust, and it states that all beneficiaries must agree upon the sale of real property before it can be sold. My brother, who is also a beneficiary and a trustee, basically snaked half of my inheritance. I didn't have the money to contest anything or try to... View More
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answered on Mar 31, 2024
Under California law, as a beneficiary of a trust, you generally have the right to review and approve the terms of any sale of trust property. If the trust agreement requires all beneficiaries to agree to the sale of real property, you are not obligated to sign off on the sale unless you agree with... View More
"The Personal Representative is required to file an accounting of the financial transactions that have occurred in the administration of the estate unless all persons entitled to distribution of the estate have signed a written waiver of account or a written acknowledgment that the person has... View More
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answered on Mar 26, 2024
In California law, "all persons entitled to distribution" typically refers to the beneficiaries who are named in the will or those who are legally entitled to inherit under intestate succession laws if there's no will or applicable provisions in the will. This usually does not... View More
Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More
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answered on Mar 26, 2024
In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More
Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More
answered on Mar 26, 2024
It is highly recommended that you have either a will or a living trust in place to transfer assets after passing. A will must be probated through the courts, so a living trust is another option which allows you to bypass probate if set up properly. What documentation you need is highly dependent... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
answered on Mar 22, 2024
Generally speaking, the executor should not be commingling estate funds and personal funds. Sometimes the latter is used for convenience, however best practice is to use the funds available from the estate to pay estate expenses. Regarding getting back into the trust, you should speak to a... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??
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answered on Mar 21, 2024
In California, the executor, also known as the trustee in the context of a trust, is typically expected to pay for trust-related expenses directly from the trust's assets rather than using personal funds. This is to ensure that all transactions are transparent and the trust’s assets are used... View More
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