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Questions Answered by Howard E. Kane
1 Answer | Asked in Probate for California on
Q: Have a court date tomorrow on probate with wondering if I could file a continuance and talk to a lawyer
Howard E. Kane
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Howard E. Kane
answered on Nov 22, 2022

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 »

1 Answer | Asked in Banking, Civil Litigation and Probate for California on
Q: If a trust lists a bank account, but the account is not titled as a trust account, can the bank give it to the trust?

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.?

Howard E. Kane
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Howard E. Kane
answered on Nov 17, 2022

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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: In California, can one owner of a house charge their co-owner rent? More information below.

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 »

Howard E. Kane
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Howard E. Kane
answered on Nov 2, 2022

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 »

1 Answer | Asked in Estate Planning for California on
Q: We want to ask a friend to be our executor in case we both die at the same time. I would like to have him compensated,

plus make sure any expenses (like hiring a lawyer) are repaid him. How do we approach this pls? We're in California, and shouldn't have to go thru probate (under $165K x 2). Thanks

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

Greetings Eureka,

It sounds like it is time for you to draft a simple estate plan which spells out compensation to the executor. I can help you with this. Call or email me to set up a consultation.

1 Answer | Asked in Probate for California on
Q: In California where does the money go when an executor is appointed and needs to distribute funds and pay creditors..

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

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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 »

1 Answer | Asked in Probate for California on
Q: Can a credit card company come after the estate [what little there is in it]?

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've... Read more »

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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 »

1 Answer | Asked in Estate Planning and Tax Law for California on
Q: If revocable trust holds ee bonds to be cashed, given to beneficiaries upon death of trustee will the interest income

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?

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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 »

1 Answer | Asked in Probate for California on
Q: A friend has willed 2 properties to us. We are not related and live in California, will we be subjec to 21380 probate co
Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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 »

2 Answers | Asked in Probate for California on
Q: Probate: I’m divorced and 17yr son is inheriting money from grandmother’s will (ex husband’s mom). What are my rights?

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 »

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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 »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: How do I remove a old loan lien from a company no longer around?

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 »

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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 »

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3 Answers | Asked in Estate Planning for California on
Q: I’m inheriting my parents home, do I need a will prior, or can I do it later when the home is in my name?

I do not have children, I’m Single, I live in California.

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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 »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: By me signing probate papers does that give up my right to my fathers portion of the house?

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 »

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

I'd be happy to explain the probate paperwork to you. Simply email it over to me and we can set up a consultation.

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2 Answers | Asked in Divorce and Estate Planning for California on
Q: Is the ex-wife next to kin?

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 »

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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.

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3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: My dad and I are joint tenants of a home. If my dad passes does full ownership transfer over me or his wife?

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 »

Howard E. Kane
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Howard E. Kane
answered on Oct 5, 2022

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 »

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2 Answers | Asked in Estate Planning for California on
Q: planning to move out of california to another state - should I amend my existing living trust before or after ?
Howard E. Kane
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Howard E. Kane
answered on Sep 22, 2022

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 »

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1 Answer | Asked in Estate Planning and Family Law for California on
Q: My son had 1 years worth of 401k from employer when he passed away along with debt. As next of kin do I pay all bills?

California residents

Howard E. Kane
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Howard E. Kane
answered on Sep 21, 2022

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 »

2 Answers | Asked in Probate for California on
Q: Am I required to hire a lawyer to discuss a last will and testament. from a lawyer oversees a will.

My name is in a will. My parents are deceased as of 2019. the Lawyer who executed the will. Response is I need a lawyer to discuss the will.

I am looking to have a lawyer represent me to discuss what is my inherited stake in a will.

Howard E. Kane
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Howard E. Kane
answered on Sep 20, 2022

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.

Best regards,

Howard

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: If I have my name on the deed of the house and so does my grandma when my grandma passes away can my aunt take the home?
Howard E. Kane
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Howard E. Kane
answered on Sep 20, 2022

Greetings Shingletown,

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.

Best regards,

Howard

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1 Answer | Asked in Probate for California on
Q: In matter of an intestate estate are the heirs required to sign a waiver if one heir applies to court to be

Personal Representative/Administrator?

Howard E. Kane
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Howard E. Kane
answered on Sep 18, 2022

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 »

2 Answers | Asked in Estate Planning for California on
Q: Is it possible to leave a house in a trust after the owner of the house passes (in California
Howard E. Kane
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Howard E. Kane
answered on Sep 16, 2022

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 »

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