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...Read 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?... Read 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...Read 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...Read 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...Read 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...Read 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... Read 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...Read 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...Read 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.
My Probate lawyer asked me to provide most recent statement from Vanguard to show the probate court what is the net worth of my father's Vanguard Estate Account. Asset appraisal has been done by the Referee. 2. I would like to know if California Probate law requires the administrator to... Read more »
Yes, as the administrator for a decedent's estate, you are required by law and local court procedure to give the court full copies of all current bank statements for the decedent's estate in support of your statutory accounting and your petition for final distribution. If you want to...Read more »
This is a state law specific question. In California, if husband dies without a Will survived by a wife and no children, all of his property goes to his wife (whether community property or separate property), and his siblings get nothing.
My relationship with my mother has always been difficult, but I brought her into my home and was willing to allow her to live with my husband and I until the end of her life. This was a mistake. She has always been a mean-spirited, narcissistic personality, but she now behaves in ways that are far... Read more »
Contact a real estate eviction attorney. He will advise you on the proper notice to be given to her. If you fail to follow the proper notice procedure and she fails to leave, you might have to wait even longer to get her to move out, and if you tell her to leave and she fails to leave and you...Read more »
My father passed away without a will. My mother is still alive and was married to him for 53 years at time of death. They own one house together. My father loved cars and has a few in his name and my mother's name. They also had one joint checking account with less than $1000 in it.. There is... Read more »
Since your parents were married at the time of your father’s death and they owned their home together, no probate should be required, either because they owned it together as joint tenants with the right of survivorship or as community property.
I'm assuming you mean an involuntary removal of a trustee. For that, you'll need to file a petition with the probate court in the county where the trustee conducts its business and prove to the court's satisfaction of the need for the removal by clear and convincing evidence of...Read more »
The husband of 8 months took over because he lived in HER house & he was able to ascertain what he could take after gaining access to her accounts. He was able to take everything (including her ashes) & he took most of it illegally. He was not named on any of her assets. He only paid her a... Read more »
No one has the responsibility to file a court petition to probate a decedent's estate. If there are no assets subject to probate, there's no need to file for probate or to be appointed as the personal representative for a decedent's estate. Anyone who is an heir to property...Read more »
The property was purchased in the early 80's. My parents out us kids on the deed(?) so we all owned it. My mom died in 1989. My dad died in 2003. My step sister says the land us her moms and my dad wanted me to sign a quit claim. I know that's a lie.
Jonathan meant to say “petition for partition of the property.” A partition is a judicial proceeding where you can request and a judge will order a forced sale of the property so that you can get your money out of the property. It’s available to you regardless of your limited interest in...Read more »
I disagree with my colleagues. For probate matters, the fee is statutory and therefore fixed by law. So, regardless of who you choose to represent you, the cost will be the same. For estate planning matters, experience is more important than a local presence, especially in the internet and COVID...Read more »
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