Your current state is Ohio
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
I did probate a 12,000 car because I did not know the TOD had to be given to title office before death. So they want all the money from the car and each want 1/6 of the bank and house. There was 6 kids but I was her 24/7 care giver they never even talked to her or seen her.thanks
answered on Apr 14, 2024
Any accounts with a Payable-on-Death (POD) designation and properties with a Transfer-on-Death (TOD) designation are not subject to probate and will pass directly to the individuals named as designees. Consequently, your siblings would not have any claim to those assets. However, any assets that do... View More
Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?
One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More
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answered on Apr 13, 2024
The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent
have been probated and the estate was solvent.
If one of the heirs... 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
Probate has been opened and I’m the personal representative. My sibling took my moms car without my knowledge and won’t bring it back so that it can be sold. What are my options? Can I go and get the car? Can I withhold any money distribution until it’s brought back?
answered on Apr 12, 2024
That vehicle, if titled solely in the name of the decedent, is the estate's property. If you are personal representative, you are responsible to the estate, the court, the creditors, and the heirs to reclaim lost property. When there is no will, your duty to and supervision by the probate... View More
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answered on Apr 12, 2024
If the Daughter is a joint holder or a payable on death name on the signature card, then the deposited funds are owned by the Daughter. Wife should have no authority to remove money. Bank could be sued for such a conversion.
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
My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More
answered on Apr 10, 2024
Not entirely.
If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of... View More
Proceeds be divided.
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answered on Apr 10, 2024
Unless Mother had a surviving spouse, her next of kin are her surviving children equally unless there is deceased child with issue who then take the deceased parent's share. If there is a surviving spouse, then some States give him either a third or half before the remainder to the... View More
answered on Apr 9, 2024
A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... 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 spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More
answered on Apr 9, 2024
Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More
Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More
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answered on Apr 9, 2024
What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More
I have marriage license etc I talked to funeral director he was no help
answered on Apr 9, 2024
You can request that the medical examiner or doctor who completed the death certificate file an amended certificate of death. But why?
The death certificate does not "divorce" you. You were, in fact, still married at the time of your husband's death. What is stated on the... 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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