Yes, you can certainly request a continuance at the time of the hearing or beforehand. Oftentimes you can call the court clerk beforehand and request a continuance. Worst-case scenario, you can request the continuance at the hearing. I also recommend checking the probate examiner's notes on...Read more »
The account was over the limit for small estates. Titled as single owner no POD. NO Heggstad petition. Does this account remain the property of the estate or can a bank legally give the money to the trust without court approval.?
The bank will not turn over the funds to the Trust absent a court order. Through a Heggstad petition, you can ask the court to fund the bank account into the trust. Since the trust lists this account, a Heggstad should be granted. Unfortunately, in Alameda County, it takes around 9 months to...Read more »
Let's say two people co-own a house in Santa Ana, CA, but only one of them is living in the house. Can the one living *outside* the house charge rent to the one living inside? (My mother and aunt are co-landladies of a house. My mom wants to move into that house, but her sister would charge... Read more »
This is a really good question that comes up regularly in co-ownership situations. The co-owners should sit down with an attorney or mediator and come up with a co-ownership agreement. Legally, both co-owners are entitled to possession, responsible for the bills and costs associated with...Read more »
The current executor disappeared we're in the process of me trying to get appointed as new executor and I need to find out how much or what has happened in what has happened in the account or where the funds are at funds are at for my father's estate
The current executor should have opened up a bank account and funded the account with cash from the estate. You should ask around to find out who may know where the account is. In addition, the executor is required to provide an accounting to the probate court and beneficiaries before they are...Read more »
I am a California resident. My husband died a few months ago. There is nothing in his estate except for 2 cars that are both over 15 years old. I do not know the cars' market value, but they are not in very good shape. The only other thing I have is the life insurance money.
I'm very sorry to hear that your husband passed. I hope that you are doing ok. The life insurance proceeds are not part of your husband's estate. Also, I highly doubt that the credit card company will come after used cars, especially if they are in particularly poor condition....Read more »
on the ee bonds be shown as the trusts income and therefore the trust pays the taxes or will the interest income have to be shown as income on the beneficiaries taxes, and therefore be the beneficiaries responsibility to pay those taxes personally?
This is a great tax question. I recommend that you ask your CPA or tax advisor how this is handled. Tax questions are typically outside the lane of probate attorneys. However, I suspect that the proceeds will be considered non-taxable inheritance. The 2022 estate tax exemption amount is $12.92...Read more »
In certain circumstances, a donative transfer is presumed to be the product of fraud or undue influence. This includes when the transfer is to a person who drafted the Will, a caretaker, etc. I recommend reviewing Probate Code section 21380 to see if any of the relationships or connections...Read more »
Do I have equal say on how the money is held, spent? Is my ex husband required to include me in decisions regarding our our son’s inheritance. I do believe the money will be put in trust as our son is a minor. I have not been provided with a copy of the Will? Living Trust? (Not sure which.) Do... Read more »
I agree that the money will most likely be held in trust for your son until he reaches at least 18, perhaps longer depending on the terms of the Will and/or Trust. When your son reaches 18, there is most likely no oversight that you or anyone else will be able to provide unless the Will and/or...Read more »
I inherited a house which was owned free and clear I had a lawyer help me through probate and paid of taxes and everything was put in my name and I have a the grant deed. I recently went for a home loan of credit and they are telling me theres a lien on the house, but the loan company that put it... Read more »
I agree that a quiet title action may be necessary. A quiet title action is a judicial proceeding whereby a party seeks to establish an interest of record in real property (e.g., ownership through adverse possession, a prescriptive easement), or remove liens and encumbrances affecting title (e.g.,...Read more »
If your parents are still alive, they should definitely have a trust (and other estate planning documents) that names you as their beneficiary of the home. You should also have a trust and name your beneficiaries so that your beneficiaries can avoid the probate process. It's never too early...Read more »
My dad passed away I am his only child and have 3 kids. My dad left no will and was living in a house that was left in a trust to him and my aunts equally by my grandma. They want to sell the house. That’s fine. They wanted me to sign probate papers and I won’t because I can’t get a lawyer to... Read more »
My boyfriend passed away. The police identified my boyfriend’s mom as next to kin. She was able to plan for the funeral and handle his finances. Now my boyfriend's ex-wife is claiming she’s next to kin. She wanted to hear from police that he passed away but the police dept. never called... Read more »
If your boyfriend passed without a will, then his estate should be distributed through the laws of intestate Succession found in Probate Code section 6400 - 6414. Under no circumstances is your boyfriend's ex-wife (assuming they were actually divorced) considered next of kin.
We recently purchased a home and my dad is married to someone that is not my mother. Would his rights of the property transfer to me or would it be handed over to his spouse. When we closed on the home, they did make her sign a paper acknowledging that she was not going to be on the deed to the... Read more »
If the joint tenancy deed remains intact, then you will be the sole owner upon your father's passing. However, you will need to file/record an Affidavit of Death of Joint Tenant with the county recorder's office. However, a joint tenancy deed can be terminated if either joint tenant...Read more »
What amendments to your trust need to be made? A properly drafted California Revocable Living Trust (RLT) should hold up in another state. What would be the benefit of delaying amendments? As a general rule, I recommend making amendments sooner rather than later, especially if they are material...Read more »
I am so sorry to hear about your son's passing. Did your son designate a beneficiary for his 401K? Was that his only asset? If so, the 401K should pass directly to his named beneficiary, and it would be difficult for creditors to levy that asset. Notice to the creditors of your son's...Read more »
First off, I'm very sorry to hear about your parents' passing. I am a local probate and estate planning, attorney. I would be happy to discuss the situation with you and explain the next steps. Call me at your convenience.
I agree with attorney Dickinson's response. I would be happy to take a look at the existing deed. Feel free to take a picture or scan it and email it to me. Both you and your grandma may need further estate planning to prevent a big mess.
Absolutely not! Options include (but are not limited to) backing the petitioner by nominating them; Objecting to the petition by providing reasons as to why the particular petitioner should not be appointed administrator; Filing a competing petition and nominating another person who may be a more...Read more »
From your questions, I'm assuming the property was properly funded into a valid trust prior to passing away. If so, I highly recommend reading the relevant trust document provisions to see if there is any particular directive regarding the disposition of this asset. Frankly, it's...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.