There is no hard and fast rule. A conservator must file his petition for approval of account when all the information required to be disclosed in the account has been obtained and summarized. A conservator may delay this petition until a probate has been opened in the name of the beneficiary of...Read more »
It’s not the law of the state where the account is located that matters. It’s the law of the state where your mom resided at the time of her death. She resided in California at the time of her death, so California law governs this situation. As John suggests, you should be able to collect...Read more »
My mother died with joint accounts with my father. I have the original and only will of hers that states that she leaves 100% of her assets in her bank accounts to me. I also have a letter that she instructed me to present to my father stating that the joint accounts were only joint for convenience... Read more »
You're correct that joint tenancy implies the right of survivorship and to dispute the form of title requires clear and convincing evidence. You might have that evidence, but you'll need to prove it in court by a petition filed under CA Probate Code section 850. A bank will not release joint...Read more »
I'm pro tem administrator with probate hearing in August. Home is fully paid for but damaged, furniture is trashed, but estate accounts worth about $1.2M. Decedent left one valuable item to a friend, but had a falling out & haven't spoken to that friend since at least 2013. Now only 2 surviving... Read more »
It’s the job of the attorney for the executor to help the executor in carrying out his or her duties as executor. If you’re in doubt about what those duties are, re-read the Duties and Liabilities form you signed when became executor. It’s the job of the executor to carry out the terms of...Read more »
My father passed away and had settlement money coming in. He wrote a will stating that he left everything to me, including any monies from suits. My brother passed away while there is still money coming in. We were splitting the money 50/50 between us. Where does his portion go now? To me or do I... Read more »
Since your father left everything to you through his Will, everything goes to you. It's up to you to decide whether or not to share it with your brother's children. If you haven't already done so, you should consider doing a Will for yourself.
My husband has a terminal illness in which he is expected to live 2-3 weeks, I called his only sister to inform the family (his sister and father)about his prognosis, only to be informed that my father in law had passed away in late April. My father in law and my sis in law are located in New... Read more »
If your husband does not live long enough to collect his inheritance, a probate estate can be opened for your husband and an administrator appointed (presumably you) to collect his inheritance. Either you and/or your children will be entitled to...Read more »
The truck was my moms registered in her name until after she passed when my stepdad said it goes to me when he buys new truck which he never did before he recently passed away. His friend is claiming he has power of attorney over his stuff even though most was my moms. He made me out to be the bad... Read more »
First, if your mom was survived by a husband and a son, and died without a will, there is a good chance that her truck and personal belongings passed intestate to her husband and not you. But if her belongings were her separate property acquired before marriage or by gift, you might have some...Read more »
the conservator isnt doing her job, she lies, harasses, threatens me and others. The court would not re ask my mom questions about if she wanted to keep the conservator and court appointed lawyer after it was known that my mom could not hear the questions because the headphones had got turned off... Read more »
Petition for final distribution and waiver of accounting approved at hearing. Have submitted order for judge to sign. Have been advised I can distribute estate account now as it takes 6-8 weeks for signature. Is this true?
Yes, in a traditional revocable living trust created by husband and wife, the trust would become irrevocable and non-amendable upon the death of one or both of them depending on how the trust is structured, not as a matter of law or convention, rather because the right to revoke and amend a trust...Read more »
Is it ok to be Administrator of Estate if i have conflict with the decendant ownership to a property? This is whats going on....My uncle is the only living son and he figured this was an easy way to inherit something. By changing title to one of my properties into his mothers name who was dying.... Read more »
To quiet title, you file a petition in the probate court to determine the true ownership of property and to remove title defects. The procedure is typically used when record title is incorrect and does not reflect the actual ownership of property. The statutory authority for the procedure can be...Read more »
My grandfather passed away now the property is in probate the court have assigned a administrator which is my aunt. If all the heirs decide they do not want any thing to do with the property and want to sign their rights to just one heirs is that possible? My mom is one of this heirs they want to... Read more »
Yes. An Assignment is a way to voluntarily transfer your interest in an estate to someone else where you get to pick the name of the assignee. A qualified Disclaimer is another way to voluntarily get rid of your interest in an estate but you cannot pick the name of the transferee. When a...Read more »
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