I agree with Gerald. If you don't want to use a formal Will (which requires the signatures of at least two disinterested witnesses) or a revocable living Trust, consider using a holographic Will (which doesn't require the signatures of any witnesses but does require that the entire Will be in your...Read more »
..A Father dies in Calif. and leaves a will . He names his current wife (who is also the stepmother of his two children) the executor. She claims that the will doesn't have to go thru probate because he didn't have anything. Is there anyway that she can legally withhold the will from his... Read more »
California law requires anyone who holds the original Will of a deceased person to file the Will with the court clerk of the County where the decedent resided. A copy must also be mailed to the Executor named in the Will, or to a beneficiary if the Executor’s whereabouts are unknown. The relevant...Read more »
You can always terminate his services and hire another attorney to complete the probate, or you can try to do it yourself with the help of a paralegal or do-it-yourself book. I suspect there are complications of which you are unaware which prevent final closure. It should not take 11 years to...Read more »
my grandfather passed.my mother filed a petition to administor unde IAE, the will was submitted which, i am his granddaughter and named executor of his estate and he gives everything. How do i file a special administrater forms
Simply file your own Petition for Probate and ask to become the Executor under your grandfather’s Will. Same forms that your mother filed. Buy a book from Nolo Press on how to file a probate in California. That should teach you everything you need to know. Good luck! If that sounds too...Read more »
She is on SSI and is Bi Polar. There is a Special Needs Trust set up for her. She won this playing Bingo and the Casino took all the taxes out and gave her $5,000 cash and the rest in a check because that is what she asked them to do. I found out about it and have all of it now and wondering what I... Read more »
I agree with Nina. If the first party trust, also known as a self-settled trust, has a Medi-Cal payback provision in it, you can deposit the receipt into it and it’s no longer considered an available resource under SSI and Medi-Cal rules and regulations. However the income must be reported to...Read more »
Yes. You can transfer title to the property from a trust to your name as beneficiary without triggering a due-on-sale clause in the loan agreement under the Garn St. Germaine Act. The lien carries over to the new owner however, so keep paying the mortgage.
She lives in a memory care senior community. My brother in law has power of attorney and I believe conservatorship. I am very close to her. I support and take care of her in many ways since my husband passed away. I recently learned that my brother in las has been taking out a substantial amount... Read more »
Without being the conservator of her person and estate, there’s not much you can do except be supportive of her. The conservator has control of her money and is accountable to the court for the use of her money. If he is using her money inappropriately, the court will demand that he pay the...Read more »
I'm sorry to hear about the loss of your mother. Since the property was held in joint tenancy, it passes by right of survivorship to you as the surviving owner. All you need to do to establish your sole ownership of the property is to file and record an Affidavit of Death of Joint Tenant to...Read more »
I am contesting a conservatorship and i had a motion to dismiss drawn up but my court appointed never filed it. If i lose can i appeal and get a new hearing because it was never filed when i asked for it to be filed?
Just let it be known to the court at the time of your hearing on the petition for conservatorship that you wish to contest the conservatorship. The court should either grant you a continuance to either file your paperwork or hire an attorney to represent you. Don't expect a continuance of more...Read more »
I was mislead into agreeing to be conserved tomorrow morning , can I tell my attorney to call it off when she goes to court tomorrow? But, if I am conserved , she told me that it will be a temporary conservatorship for one year , is that possible?
I am trying to further understand the California Probate Code and the term "Quasi-Community" has taken me longer to understand than expected. May someone please explain this term in other words? I would greatly appreciate any assistance. Thank you for your time!
As a follow-up to Mike’s answer, check out this weblink for an example of community property, quasi community property, and separate property: http://azemikalaw.com/post-102-what-is-quasi-community-property.
Should my other siblings and I call the police,press charges or file a report?The same sibling petioning to be administrator although he isn't yet still had his lawyer draw up papers stating anyone who takes property from the estate will be ineligible for inheritance.could this effect his chances... Read more »
That's the problem when someone dies. The legal owner of the personal property has died, and until a personal representative is appointed by the court to represent the decedent's interests, there is no owner. If you're not an owner, you can't call the police to report the theft of property....Read more »
Now the kids are asking for what they gave her back my husband is successor trustee I told him the items belong to her and that if nothing is identified to go back to any specific person, that they will have to follow what the trust says in order to disburse it
You are correct. Personal belongings are personal property and belong to the decedent. If she had no Will, they would pass to her natural heirs. If she had a Will, they would pass to those named under the Will. If they were owned by the trust at the time of her death, they would pass under the...Read more »
My brother inherited a home from our late parents (both passed away in 2018). The home was originally in my parents' revocable trust. We hired a trust company to handle the transfer. The company filed the appropriate grant deed documents and the transfer went from my parents' trust, to my brother,... Read more »
Your brother must be a current income and/or principal beneficiary of the trust to avoid reassessment under Prop. 13, and all other current income and/or principal beneficiaries must also qualify for an exemption for the transfer to the trust to be considered an exempt transfer. The county...Read more »
My sister is in a skilled nursing facility for rehabilitation due to a stroke she had in July 2019. I've been trying to work with the nursing home to have her sign a power of attorney. The administrator of the facility is telling me she has to do both a power of attorney and an advance directive... Read more »
If it's true, your sister doesn't have to show you her power of attorney. If she uses it, she's only accountable to the principal, her mother. She's not required to use it. It's probably good that she has one, because it can help avoid the need for a probate conservatorship if your mom should...Read more »
I would add to John's answer that failure by anyone to claim the account through small estate affidavit or probate procedure could result in the money escheating to the State if not claimed within a particular period of time.
I have been granted full authority to administer my mother’s estate without court supervision under the California Independent Administration of Estates Act. I need to sell a small plot of land prior to final distribution of the estate. Do the object/consent signatures on the Notice of Proposed... Read more »
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