If you and your parents are all joint owners of the property, you should be able to claim your ownership of their half of the property by a simple affidavit of death of joint owner without the need for probate. If you and your parents are all tenants in common (they own an undivided one-half and...View More
No. The only way to open an estate account is with certified letters testamentary or letters of administration issued by a probate court. If your situation is truly a small estate, then those persons rightfully entitled to the money through the estate should sign the small estate affidavit form...View More
Sorry to say, but it depends on your particular facts and circumstances. If your brother has already been confirmed as the executor of the estate, he has a duty to marshal the assets of the estate and get them ready for sale or distribution according to your father's Will or by intestacy....View More
I am the personal representative and heir for my father's intestate estate in CA. In regards to my father's real property valued over $166k, the property rights, to my understanding, defaults to be equally divided between his 6 children (heirs). There is an existing mortgage on the... View More
I agree with Gina. It sounds like you will need to file a petition for probate and ask for the appointment of an estate administrator before you try to refinance the property, and the six of you should be able to agree on whatever you want provided it’s in writing and your settlement agreement...View More
This is regarding property tax reassessment due to the newly passed Prop 19 in California. He lives in a different residence that he plans to leave to my brother. I rent his other house now and he wants to give it to me now (if the tax implications are more favorable for him now or myself later) or... View More
My father died on Wednesday and we are two children but my father left everything to her (she is 100% beneficiary). So how does she now petition the court to add me which she wants to do to make it a 50/50 split. How exactly do we do this? Do we need a lawyer? It is a simple trust with only a... View More
I agree with John. Court may not be be necessary. Talk to an estate planning lawyer about the possibility of a qualified disclaimer, or consider a straight gift from your sister after she collects the money from the trust, or perhaps a simple assignment by her of a half share of the trust out of...View More
My mother-in-law died in 2014. Her house was owned by a trust for which she was the trustee. The house was then held by the trust as a life trust for two of her children. The life trust ended in January of this year, the house sold in two weeks and the net proceeds are to be distributed to her... View More
The income tax cost basis of the house would be reset to date of death fair market value when grandma died, not when her kids died, assuming that none of the kids had a general power of appointment over disposition of the property when they died.
now the trustee refuses to share any information about the estate or trust with her three siblings. She has now had Mom diagnosed with dementia. Are we entitled to a copy of the trust and/or any other estate information while Mom is still living? How do we get a copy of the trust?
If mom was diagnosed with dementia, then yes, you and your siblings are all entitled to a copy of the trust and certain information under the terms of a new law which became effective on 1/1/2022. I would advise you to consult with an estate planning attorney to determine and enforce your legal...View More
My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... View More
I agree with Nina. It's a simple matter to collect an asset with a small estate affidavit. You can find a sample of a small estate affidavit for the bank account on the Sacramento County Superior Court website (which is good for any county in the State of California) (good instructions too,...View More
If the sum total value of all assets held individually by the decedent at time of death (excluding beneficiary designation accounts where there is a designated beneficiary, such as life insurance, annuities, and retirement accounts) is under $166,250, you can claim these assets from the bank by a...View More
My husband just passed away. Our house is held as community property with right of survivorship. I am the sole beneficiary of his retirement accounts and bank accounts. His will left 10% to my daughter. Do I need a probate ? Can I settle the 10% of the estate to my daughter without the probation?... View More
Community property with right of survivorship passes automatically to the surviving spouse without probate but you’ll need to record an affidavit of death with the county recorder’s office to perfect your sole ownership of the property. Any joint ownership of bank accounts held with your...View More
There's nothing you can do assuming your brother had the legal authority to sell your father's house. In other words, if he had a durable power of attorney from your father which authorized him to sell the house or he was acting as the trustee of your father's trust which owned the...View More
If you want to terminate (revoke) the trust, just sign a simple letter to the trustee which says you hereby revoke the trust and to return all trust property to your management and control. If you want to keep the trust and simply change the trustee of the trust (from your buddy to you), again, a...View More
Self-proving means the attestation clause (which recites that the witnesses were in the presence of the testator and saw the testator sign the Will and saw each other sign as witnesses and the testator appeared to be competent) must be signed by both witnesses under penalty of perjury. It does no...View More
Unbeknownst to my wife and I, my son's step grandmother secretly petitioned for guardianship claiming she was his biological maternal Grandmother. The Court investigator issued a recommendation based soley on the lies she told him. My wife and I found out and showed up and objected also... View More
If, as you suggest, the court investigator’s report contains provable lies and the recommendations contained therein are based on those lies, you should contact the court investigator immediately to show them what evidence you have. If it makes a difference in their official recommendation, they...View More
Yes, without a doubt, but the logistics may be difficult. You can call the prison administration to find out how to arrange it. If it’s impossible for you to get an original document to an inmate for signature, perhaps an attorney will have a better chance. The prison will have a notary...View More
No, there are no statutory limits. You should however review your contract with your healthcare provider and see if there are any notice requirements and/or any other limitations before a rate increase takes effect.
Attorneys for the executor are not fiduciaries. Attorneys for the executor get paid from the estate but only after court approval of their fees. Any beneficiary of the estate can file their objections to the reasonableness of the fee request. Statutory fees are reasonable by law.
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