I am only sibling, he was never married/no children. Our parents died. No will. Will I qualify for Small Estate in Ca? Will NJ honor determination? Or will I need administration? Get it here or there? Do I have to travel to NJ?
answered on Sep 21, 2020
I would say you need to total all the accounts that don't have named beneficiaries on them and see if total is under $166,250. If so, then the small estate affidavits should work. Usually, but not always, they will work regardless of where the banks are. However, some banks will require... View More 
answered on Sep 18, 2020
I would need to see the exact language of the deed to know the answer to that. Sorry.
does this guarantee i am now the owner?
answered on Sep 18, 2020
I would say there are few guarantees in life. It depends on how you are on title (as a joint tenant, sole owner, tenant in common, beneficiary, etc...) and if anybody contests by suggesting undue influence, fraud, mistake, etc.... I am sorry I can't give you a more solid answer than that.... View More
I'm the executor of my father's estate. He meant to divide his estate into six equal parts, for his five living children and the widow of his one pre-deceased child. He wrote the will without the help of a lawyer, and inadvertently left out his daughter-in-law by referring to her as his... View More
answered on Sep 16, 2020
I think you have two ways to accomplish this:
1) Have the other 5 people each sign an "assignment" of 1/6th of their inheritance to the DIL. That would cause everybody to get 1/6th each I believe (assuming everybody signs off).
2) Have all 6 people sign a... View More
My father recently died with no will and no transfer on death deed on his home. Could the mortgage lender sell his mortgaged home before probate is finished ? If they can or do, will the estate receive the sale amount minus outstanding balance ?
answered on Sep 16, 2020
Probate does NOT automatically stop a foreclosure so they could foreclose any time.
Generally with a house in probate, if you notify the mortgage company, they will agree to hold off on foreclosing for a few months. If it's a reverse mortgage you need to ask repeatedly. Not sure if... View More
in my petition to probate even though they do not inherit anything because spouse is still surviving?
answered on Aug 27, 2020
As the other attorney stated you do need to put on notice of your initial petition. In my opinion when in doubt send it out! That's my rule of thumb. Over-noticing protects the executor more than under-noticing in my opinion. Good luck.
His sister is executor and she is resigning
answered on Aug 26, 2020
If the will was written during marriage then I believe you would be omitted from will. If will was written after divorce then it would be valid as to you. It's unclear if you are asking about being executor or beneficiary!? Also, is daughter a minor or an adult? Lastly, will anybody object... View More
answered on Aug 20, 2020
You should go to the best probate attorney you can in my opinion. The writer of the will may or may not be a great probate court attorney. Look for someone with extensive probate court experience and a focused probate practice not a general practitioner.
My father passed away in July 2020
He passed away with no will, no beneficiaries and no POA. His assets are less than 150,000. I’ve researched that this would be a small estate but want to make sure we don’t have to go to probate. My sister and I are the only surviving children and he... View More
answered on Aug 19, 2020
No probate. Just do transfer without probate at DMV for car and similar forms at department of housing for manufactured home. Do those 40 days after death. No probate court. Good luck.
I am the petitioner in pro per. I do not have an attorney representing me. Could I amend my order and add a co-administrator?
answered on Aug 5, 2020
You could have the title company pay the money to your lawyer's attorney-client trust account. They could then make the distributions at the end of probate.
Would like to file for determination of succession of real and personal property under 166,222 in California. Home has mortgage of 150000 and no other assets. Small amount in checking but that's all.
answered on Aug 3, 2020
You do not need to file to be PR before filing a small estate petition. However, you do need to get the house valued by a California Probate Referee for that county. Also, the mortgage does not play into the valuation. The $166,250 value is just based on the gross value of the property. So you can... View More
answered on Aug 1, 2020
Can you summarize the situation? A lot of times there is no money needed to start probate. Really depends on the facts. Feel free to post here or email me directly your summary.
And son or daughter is not listed as a beneficiary on the policy?
answered on Jul 26, 2020
No. If the beneficiary dies BEFORE the person whose life the policy was on then the beneficiary's estate/heirs do not take. However, if the beneficiary dies AFTER the person but before they claim the life insurance proceeds then yes their estate/heirs would take.
I'm Living in the family home my parents had no will it is paid off. Before my brother passed we started a probate never completed I am the only child living The house is still in my parents name because it's been difficult having no will. Does the house go to me and my parents... View More
answered on Jun 27, 2020
Yes he could make you move out. Should probably try to work out a deal to buy him out. If you have a probate attorney helping with mom/dad's probate they should be able to help with brother's probate and a buy-out. If not, I encourage you to find a qualified and experienced probate... View More
Hello my brother just passed away we were the only 2 children. My parents passed away with no will before my brother passed away we had an attorney start a probate to divide my parents been property between us 2 but my brother passed before it was completed still in process. Now do I divide it with... View More
answered on Jun 27, 2020
Brother's son gets brother's share. I am sorry for all your loss.
answered on Jun 18, 2020
You are supposed to file a will within 30 days of death but you are allowed to file later. If there might be a competing petition by someone else I like to file first. If there is no fighting then delaying is usually ok. I have filed cases 20 years after death.
If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.
answered on Apr 29, 2020
That's tough to answer as there are many variables and ways it could go. A general rule in probate is that a person (spouse or otherwise) is liable for debts (even if they didn't know about it) to the extent they received assets from the decedent. So if the spouse received money/assets... View More
answered on Apr 17, 2020
It sounds like the transaction was not completed. Did the buyers sign anything where they agreed to pay the mortgage? So that would be one of my several concerns. Also Without going through a title company I doubt the buyers would have good title so that might not be able to sell in future. I thus... View More
Sister died and now my 2 brothers and I are involved in her probate. One brother wants to continue to live in her house and sell it down the road instead of selling it now and splitting the proceeds. I want to sell it now. Will the probate judge decide which? Can probate close and settle if we... View More
answered on Apr 16, 2020
Normally cash is needed to close (end) probate. That is cash for attorney fees, executor fees, court costs. So probate can't close without selling the house unless someone puts in cash. I would come up with a distribution agreement and have everybody sign off. Good luck.
answered on Mar 30, 2020
I agree with that others your proposed document would most likely not work. A holographic will or transfer on death feed is better. However, it should be pointed out there can be pitfalls with those. Talking to an experienced estate planning attorney is best. Good luck.
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