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Questions Answered by Sheri Lynn Hoffman
1 Answer | Asked in Probate for California on
Q: In my probate notes my petition is incomplete at item 2b. I did not print my name after executor. I need to file a

verified supplement stating proposed personal representative's name. How do I obtain a verified supplement?

Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Jul 23, 2018

You would have to create the document on the numbered pleading paper and file it with the court responding to the additional information needed by the court. It needs to be signed and verified in order to be accepted. Here is a link to a sample :... Read more »

2 Answers | Asked in Probate for California on
Q: How do i see a will someone refuses to file in probate or show anyone in the state of california where the deceased live

what do i do to petition to see this will or have it made public, the deceased has been dead over a week and it’s still not public record, please help me, there’s 250k, stocks in pg&e, two vehicles and a house at stake.

Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Feb 6, 2018

The person that is holding the original will has 30 days to file the original with the county probate clerk in the county that the decedent was residing in at the time of his or her death. If they do not file within the 30 day period you can petition the court to force the person to file it.

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2 Answers | Asked in Estate Planning for California on
Q: My grandma died in May and left her house to her three children my dad being the youngest child passed away .

my sister and i live in grandmas house.We need to know our rights because our uncle is trying to kick us out and we do believe that we are part owners and would like to know what our rights are.

Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Jan 31, 2018

Did you grandmother leave any will or trust documents that control the distribution of grandmother's estate assets? If so, you would have to review those documents to see if there is language in the documents that says what happens to a beneficiary's share of the estate if they die before... Read more »

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2 Answers | Asked in Real Estate Law and Probate for California on
Q: Dad died 5 yr ago no will. Sister never left. Wont let us in or sell. Says kids of siblings who died b4 dad dont count
Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Dec 4, 2017

I recommend that you meet with a probate attorney in your area because you will need to file a petition either for Probate or for Determination of Succession to Real Property (which petition is needed will be determined by the value of the real property) and you might even have to end up filing a... Read more »

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2 Answers | Asked in Probate for California on
Q: I am the administrator for my brother's estate. When can I sell his vehicle?
Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Oct 30, 2017

If the estate is being administered through the probate court you need to be appointed by the court and have Letters issued. Once that has been done, then the vehicle would need to be valued by the probate court referee. Only then would you be able to sell the vehicle. Also, please note, there are... Read more »

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1 Answer | Asked in Probate for California on
Q: Does my moms small estate have to go through probate?

She has a 401k and life insurance with no beneficiaries listed. She does have a will naming myself as executor and her children as equal beneficiaries.

Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Oct 17, 2017

401k and life insurance are beneficiary controlled - meaning if there is a surviving named beneficiary, then those types of accounts do not have to go through probate. However, if there is no beneficiary named, or the beneficiary named does not survive, then if the total assets are more than $150k... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Trustee has done nothing to liquidate assets after 3 years. Lawyer dropped us, what are the steps we can take?

My aunt died 3 or so years ago and she left a trust. The trustee has done nothing to liquidate the assets or to get the funds distributed. We did have a lawyer but the lawyer has dropped us. I am trying to figure out what we can do to get this taken care of. I am in Texas but my aunt lived in... Read more »

Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Sep 18, 2017

As a beneficiary you have the right to petition the court for instructions and to force the trustee to take action. If the trustee has also breached their duties, you could in the same petition ask to have the trustee removed and/or ask for damages against the trustee.

If you haven't...
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2 Answers | Asked in Probate for California on
Q: Am I entitled to view a copy of a will in which I am a beneficiary?

My late brother was named as a beneficiary in the will of a friend who died last year. It has been going through probate. I have been told that, as my brother's direct heir, I will be receiving 20% of the estate but have seen nothing in writing. I have contacted the law firm handing the... Read more »

Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Sep 12, 2017

Most probate documents are part of the public record, including the deceased person's last will and testament. It would be attached as an exhibit to the Petition for Probate that is filed to start a probate case. Also, the original Will is required to be filed with the Probate Clerk in the... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: How much money can my mother give her children before she dies before some kind of tax or penalty kicks in?
Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Sep 12, 2016

Your mother can give any individual person up to $14,000 in any calendar year without having to report the gift to the IRS - meaning no 709 gift tax return to be filed and no gift tax to be paid for up to that amount. If she gives more than the $14,000 in any calendar year, she will have to report... Read more »

1 Answer | Asked in Estate Planning for California on
Q: My Dad called us kids in a month or so ago to talk about what he'd like to put in his will.

One of my siblings is not getting what he feels is his fair share and threatening to sue my Dad - can he even do that?

Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Sep 6, 2016

Generally speaking, your father can leave his assets to whomever he chooses and can exclude whomever he chooses. He does not have an obligation to make beneficiaries equal unless he had previously made a contract to create a will and leave the assets a particular way.

1 Answer | Asked in Probate for California on
Q: We feel like our family is getting played by the executor

- this person won't tell us specifics about the will, etc. Are they under any obligation to make it public?

Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Sep 6, 2016

The original Last Will and Testament is required to be lodged with the county probate clerk in the county where the deceased person lived at the time of his or her death. If the value of the assets that are being controlled by the Will is more than $150,000 then the person nominated as the executor... Read more »

1 Answer | Asked in Estate Planning for California on
Q: My Mom named her nephew as the executor in her will. She just died, but he doesn't want to do it. What do we do now?
Sheri Lynn Hoffman
Sheri Lynn Hoffman answered on Aug 22, 2016

A nomination in a Will is simply that, a nomination. The nephew can opt out by signing a Decline to Act document. If there is an alternate executor named in the Will that person would have the next priority to act. If not, then the Probate Code will control who has the next priority.

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