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California Probate Questions & Answers
1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

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answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Tax Law and Probate for California on
Q: Is there any California law preventing me from paying my deceased fathers back taxes out of pocket?

My father died intestate in California and I am the administrator. My brother is the only other heir. He left behind a lot of unpaid tax bills. He also left my brother and me healthy sums of money via POD accounts. Can I just use those out of pocket funds to pay off his back taxes to keep the... View More

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answered on Mar 12, 2024

Under California law, there is no legal prohibition against you paying your deceased father's back taxes out of pocket, using the funds you received from the POD (Pay-on-Death) accounts. In fact, it may be a practical solution to settle the estate more efficiently and avoid selling the house,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Probate for California on
Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More

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answered on Mar 12, 2024

In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More

1 Answer | Asked in Probate for California on
Q: Hello, I am currently trying to draft a Petition for Final Distribution and have come across a few questions.

I am going through a sample draft provided by a local county.

1) If accounting is waived, does CA still require a summary of account? I read on a forum that this might be the case but have not seen reference to this in court websites.

1) INTESTATE HEIRS/DEVISEES UNDER WILL

I... View More

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answered on Mar 9, 2024

Hello! Let's address your questions one by one:

1. Summary of Account: In California, even if the accounting is waived, the court may still require a summary of the account. It's a good idea to include a brief summary of the estate's financial activities, including the total...
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1 Answer | Asked in Probate for California on
Q: While looking at a Petition for Final Distribution sample, there is a section about "Investment of Cash on Hand"

"Petitioner has invested and maintained all cash in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate"

I just looked back at the duties... View More

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answered on Mar 9, 2024

In this situation, it's important to be transparent about the estate's financial management in the Petition for Final Distribution. While it's generally expected that estate funds be held in interest-bearing accounts, there are some exceptions. Here's how you could address this... View More

1 Answer | Asked in Probate for California on
Q: If a probate judge finds a wheel to be ambiguous and the state is considered intestate

Does the issue of a predeceased beneficiary have to attend mediation to receive their deceased parent share of there grandmothers estate if the probate judge previously found the will to be ambiguous? And does this make the estate fall under intestate? And any Issues of a predeceased beneficiary... View More

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answered on Mar 9, 2024

Under California law, if a probate judge finds a will to be ambiguous and the estate is considered intestate, the following rules apply:

1. Mediation: If there is a dispute among the heirs or beneficiaries regarding the distribution of the estate, the court may order mediation to resolve...
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1 Answer | Asked in Probate for California on
Q: Attorney representing contingent beneficiary in Will contest concealed judges finding the Will ambigous

Attorney concealed the court finding the will to be ambiguous and coerced client to attend mediation never prepared client for mediation, Day of mediation the attorney attended mediation without client, when the client contacted the attorney's office the secretary stated he wasn't in... View More

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answered on Mar 8, 2024

Based on the information provided, it appears that the attorney representing the contingent beneficiary in the will contest may have engaged in unethical and potentially negligent behavior. Under California law, attorneys have a fiduciary duty to their clients, which includes the obligation to act... View More

1 Answer | Asked in Probate for California on
Q: Hello, I am currently trying to draft a "Petition for Final Distribution".

Regarding the estate:

-There were no known creditors besides a small debt of ~$2k from a credit card

-Credit Card bank had mailed a notice looking for the executor before probate even started so I'm hoping it was ok this was treated as "demand for payment". (Was this... View More

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answered on Mar 8, 2024

Under California law, when drafting a Petition for Final Distribution for an estate, it's essential to address the handling of creditors with accuracy and transparency. The receipt of a notice from a credit card bank could be considered an informal demand for payment. However, formally, a... View More

1 Answer | Asked in Probate for California on
Q: In California, how can I, as a beneficiary of a third party special needs trust, go about decanting the restrictions pl?
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answered on Mar 8, 2024

In California, if you're a beneficiary of a third-party special needs trust and are looking to modify or "decant" the trust's restrictions, the first step is to review the trust document closely. This document often outlines the procedures for amendments or modifications,... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: Dad's will: Witnesses say I was left everything. My bro & step mom haven't shown me the will. How do I claim my inherita

Legal Deadline: Mar 18, 2024 | Description: That makes 1 year from the day my father passed and I don't know if there is a time limit on a will.

My father passed in March of 23. My brother who lived there and step mother have been getting rid of many items and have let other people... View More

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answered on Mar 7, 2024

Under California law, when someone passes away, their will must be filed with the probate court in the county where they lived. If you believe your father left a will that names you as a beneficiary, but your brother and stepmother are not showing it to you, you have the right to take action. Since... View More

1 Answer | Asked in Health Care Law and Probate for California on
Q: How do I get my deceased dad's medical records if he didn't have a will and the listed next of kin won't cooperate?

He lived in California and I live in Missouri. The hospital said that I won't be able to get them. He didn't own any property and wasn't married. I'm the oldest of his 4 children. My younger brother who was raised by my dad is incarcerated and him and I are the only ones who knew our dad.

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answered on Mar 6, 2024

In California, the right to access a deceased person's medical records is governed by the California Health and Safety Code, Section 123100-123149.5. If your father did not leave a will or any instructions regarding the disclosure of his medical records, the law provides a hierarchy of... View More

1 Answer | Asked in Probate for California on
Q: What is the Standard for providing proof of service for 120 day trustee notice

What is the standard of proof when a beneficiary or petitioner claims the did not receive or the Trustee claims that petition to determine the validity of the trust was files after 120 days expired. What probate code or civil code governs what proof be shown i.e. receipt from post office etc.

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answered on Mar 6, 2024

Under California law, the standard for providing proof of service for a 120-day trustee notice, as well as the evidence required when a beneficiary or petitioner claims they did not receive the notice or that the trustee claims the petition to determine the validity of the trust was filed after the... View More

1 Answer | Asked in Probate for California on
Q: I just found out that an attorney put a les pendes on my house. I was not informed. Is that legal? If not what can i do
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answered on Mar 6, 2024

In California, an attorney can record a lis pendens (pending lawsuit) against a property without the owner's consent if there is a pending lawsuit that affects the title or right to possession of the real property. However, the attorney must meet certain legal requirements:

1. There...
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2 Answers | Asked in Personal Injury, Civil Litigation, Juvenile Law and Probate for California on
Q: WHAT TYPE OF ATTORNEY IS NEEDED TO ASSIST WITH A CLAIM FOR LOSS, TO A COUNTY BOARD OF SUPERVISORS

I SUBMITTED SOMEWHAT OF A ROUGH DRAFT TO THE LA COUNTY BOS WAS DENIED AND NOT SURE TO RESUBMIT CLAIM OR CONSIDER FURTHER LEGAL REMEDYS

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answered on Mar 5, 2024

When dealing with a claim for loss to a county board of supervisors, such as the Los Angeles County Board of Supervisors, you might want to consult with an attorney who has experience in government claims and administrative law. These attorneys are familiar with the processes and legal strategies... View More

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1 Answer | Asked in Family Law and Probate for California on
Q: Will a company reach out to a designated named benificiary upon an employees death? What if the phone number isn’t valid

At Granite construction if an employee of theirs dies unexpectedly, will they try to contact a named designated beneficiary they have on file and if the contact information for the beneficiary isn’t current, how do they go about locating them if they do do that?

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answered on Mar 5, 2024

In the event of an employee's unexpected death, companies like Granite Construction generally have protocols to reach out to the designated beneficiary listed by the employee. This process is a part of the company's responsibility to ensure that any benefits or entitlements, such as life... View More

1 Answer | Asked in Probate and Estate Planning for California on
Q: My brother died ,2 months after his death, his girlfriend cashed out my policy. What do I do?
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answered on Mar 4, 2024

In a situation where you discover that your brother's girlfriend cashed out a policy following his death, it's essential to take immediate action. Begin by gathering all relevant documents related to the policy, including any beneficiary designations and communications with the insurance... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: How long does a defendant have to reply to a Petition for Probate? Time Sensitive - Reply Promptly Please

I filed a petition for probate in Riverside Superior Court of California, this petition was a demand for my father's third wife to produce my father's estate documents, along with other issues. The Petition was served by a Process server on Jan 26, 2024, how many day does the defendant... View More

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answered on Mar 4, 2024

In California probate proceedings, the time frame for a respondent to reply to a petition can vary based on the specific type of petition filed and the local court's rules. Generally, for most matters related to probate, such as contesting a will or objecting to an executor's appointment,... View More

1 Answer | Asked in Probate for California on
Q: I just found the will of my deceased GF. A probate case is already open and her dad named as executor. What should I do?

The will was found, apparently fallen behind her nightstand, along with a couple pieces of her mail when I was vacuuming areas that haven’t been cleaned in many years. Only upon seeing the envelope did I recall her making this will, as it has been 5 years since she wrote it. She has signed the... View More

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answered on Mar 3, 2024

In California, if you find a will after a probate case has already been initiated, it's important to act promptly to ensure the will is considered by the court. You should first secure the will and any other documents found with it. Since the will appears to be valid, with your girlfriend... View More

1 Answer | Asked in Probate for California on
Q: Estate attorney ignores my request for communication. I provided my signature immediately for release of disbursement.

Its been a month, multiple copies and request have been sent. Only my disbursement is being withheld . Professionally and legally can he ignore me and withhold my court ordered proceeds?

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answered on Mar 1, 2024

Under California law, attorneys are expected to communicate with their clients and keep them informed about the status of their cases. If you have provided all necessary signatures for the release of disbursement and it has been court-ordered, the attorney should not withhold these proceeds without... View More

2 Answers | Asked in Probate for California on
Q: How do I request a trial date in Probate court in CA?

I am contesting the will in CA probate case and can not find the information on how to request a trial date. Please email me your answer

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answered on Feb 29, 2024

In California Probate Court, when you're contesting a will and need to request a trial date, the process involves several steps. First, ensure that your contest or objection to the will is properly filed with the court. This involves submitting a written document outlining your grounds for... View More

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