A trustee has a duty to keep you informed, a duty of loyalty to you, a duty to account to you, a duty to treat you fairly, and a duty to make trust assets income producing, along with a duty to fully and faithfully comply with the terms of the trust. Without knowing more, it sounds like this... View More

No. After your initial filing fee has been paid for your petition for probate, there are no fees for additional filings.

For jointly held bank accounts, they pass automatically to the surviving joint owners regardless of what her Will says. For her share of all other assets, they will pass to you as beneficiary under her Will (without probate with a small estate affidavit). Check with a probate lawyer if you’re... View More

If your mom is competent, she can simply send her nephew a letter informing him that his power of attorney has been revoked and then notify everyone that you’re aware of who is relying on that power of attorney that it has been revoked. If your mom is incompetent, call Adult Protective Services... View More

Yes. Creditors get paid before beneficiaries. To avoid creditor claims, consider making your trust a joint tenancy or pay on death account.

Google the search term for California Probate Code 13100 to obtain a small estate affidavit form and pay attention to the rules set forth in that section before using the form. Please note that everyone entitled to the property as intestate heirs must sign the form, meaning all of the children in... View More

You can absolutely refuse the gift from your grandmother. It’s called a qualified disclaimer if signed by you and delivered to the executor within 9 months of your grandmother ‘s death and you have accepted non of the benefits of ownership prior to the refusal. A qualified disclaimer is not... View More

It depends on whether your power of attorney is durable, whether your authority under that power of attorney is effective immediately or only upon incapacity, and the express powers given to you. It also depends on whether that power of attorney remains effective or has been revoked.

No. Wills cannot be notarized in California. You have two choices: either two witnesses sign your Will in your presence at the same time that you sign it (a formal Will), or your Will is entirely in your handwriting (no witnesses; holographic).

It depends on when the donee died. If before the decedent’s death, then no. If shortly after the decedent’s death, then yes. Likely in the latter instance a probate on the first estate will be required and simultaneously a probate on the second estate will also be required. If the value of... View More

All agreements concerning real estate must be in writing, so you would probably lose on your contractual claim, but you might succeed if you could prove with clear and convincing evidence that your aunt intended to deceive your mom and profited from that deception. Your claim would be based on... View More

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... View 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... View 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... View 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... View 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.

I completely agree with Jeff’s answer.

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... View 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... View More

File a petition to set aside the judgment based on new facts or fraud or some other grounds assuming your petition is timely.

I would advise you to wait for the signed order. If the order does not reflect what you believe was approved at the court hearing, further actions may be necessary.