PROBABLY his wife.

Look at the deed. If it says you are "joint tenants" then it means you get it automatically on his death.

HOWEVER, if he paid for it with money after his got married, then that portion will belong to both him and his wife as community property so he may... View More

If there is a Will then it has to be submitted to the Probate Court; it is a crime to hide one or destroy it (though probably impossible to prove that).

Contact the Probate Court for thee County where she lived and see if a Probate case has been opened. If there has, then you can view the... View More

If a person has some impairment, then you are right to worry that someone may later claim that they did not have the capacity to sign the document. We usually work the other way around (getting a doctor to say someone is incompetent), but I like your defensive thinking in making sure that she has... View More

If she is in California then you need to do it in California, because she has to sign the Power of Attorney in front of a notary.

The big question is: Does she have the mental capacity to understand what she is signing? If she cannot, then the PoA will do you no good and you need a... View More

If anything is being done then there should be a record of it at the Probate Court for your county.

If someone dies owning real estate or having assets over $150,000 then someone has to open a case with the Probate Court (generally), and those records are public.

If she had less... View More

I don't know if you can upload it, but you can send it to me at jeffgaffney@earthlink.net.

Not without some authority granted to the other owner. She would need to hold a conservatorship of him from a court, or a Power of Attorney that he signed when he still had the capacity to do so. If the house was held in a Trust, then the Trust might grant her authority over the property,... View More

Your terms are a bit mixed up.

A savings account does not have a beneficiary unless it is an IRA or 401K. You can name a "pay on death" person though. In either case, the bank paperwork will prevail, but try no to leave those kinds of confusing questions behind!

Yes, once the Will has been filed ("lodged") with the Probate Court it becomes a public record. You can just go to the Probate Court in the county where the person died and look it up.

If the person is still alive, then no -- it is a private document and no one has any right to see it.

Also look out for "undue influence" in changes to the Will or Trust, leaving everything to the brother. It may be reasonable if he took care of her, and if he is the neediest, but it can also be taking advantage of a sick old woman. Just keep an eye out.

It is VERY unusual for any agency to have a copy of a trust. it is possible so you can check with the LA County Recorder's office, it is just never really done. The Trust company would be a better bet.

Are you worried that your brother is mistreating your mother? That will be a... View More

The original trust might still be the controlling one if your dad did not have the capacity to change it. But maybe that trust gave your mom that authority if your dad was no longer able. You really have to see the trusts and read them, and compare that to your dad's health.

When... View More

Well the problem is two part.

You have no rights at all to see your mother's new trust while she is alive. Upon her death then you will have the right to see it.

The other problem is that your mother probably had no right to change her trust after your dad died. In those old... View More

Check the forms you are signing. They should have a place for you to appoint a back-up person or two, who can take over if your daughter is unable or unwilling.

For Powers of Attorney this can be a little scary. I always write the Powers of Attorney to only be effective if my client is... View More

You should have recorded your deed right away, so that you had "staked your claim" for the public to see.

Was your grant deed ever filed with the County Recorder? If your deed is valid, then you need to have it recorded in order to show the world that you have clear title, and that your father does not.

When the title company goes to complete any transaction that your father makes, they will... View More

Yes, the information is public. Contact the Probate Court for the County where he died and they should be able to provide you with a copy.

You need a conservatorship. Your problem is that you need the parent to see a doctor to be evaluated before you can get a conservatorship.

Conservatorships take 4 months or so and can be little overwhelming. You need to convince the judge to take away this person's right to run their... View More

Yes, you need a Probate process (unless your mother used a special deed to pass you the house upon her death).

Dying without a Will is called dying intestate.

If you are the only child, and there is no husband, then you will inherit everything, but you need an order from the court... View More

Under California Probate Code section 16061.5 the trustee has to provide all the heirs and beneficiaries a copy of the Trust. You should demand a copy in writing and if he refuses then it is time to go see a judge.