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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... View More 
answered on Aug 17, 2021
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... View More
Intestate succession in California
answered on Aug 14, 2021
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... View More
answered on Aug 3, 2021
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... View 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... View More
answered on Jun 28, 2021
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.
answered on Jun 10, 2021
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... View More
answered on Jun 8, 2021
It all depends on the court. The probate courts in San Francisco and Santa Clara County are not scheduling hearing dates for up to 3 months out from the filing of a petition for probate due to COVID.
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... View More
answered on Jun 3, 2021
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... View 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.
My father and his wife took... View More
answered on May 13, 2021
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... View More
...because they know how things work in that county, they know county staff if document issues arise, and their travel fees will be lower?
answered on May 9, 2021
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... View More
Is it a common practice when you're lawyer files documents with the Court to have 16 documents sent back to you because they have been filed wrong??
answered on Apr 28, 2021
No, I would hope not. Give me a call if you have any questions. Probate is my specialty.
I have lived in my grandparents home since my grandmother passed 30 yrs ago. I've lived here and raised a family here for 30 years. My uncle owned the house but didn't live there with us he lived in the house 3 doors down. He allowed my family and I to live there rent free. When he passed... View More
answered on Apr 23, 2021
If you own the property, it’s yours to keep. If it was owned by your grandfather at the time of his death, it now belongs to your dad. It’s up to you and your father to prove ownership of the property by clear and convincing evidence. If you can prove that you bought the property or that it... View More
No special circumstances that might cause a delay.
answered on Apr 21, 2021
If the estate administrator has not yet filed a petition for probate, there's no requirement to send a copy of the Will to anyone, including the children. If anyone is in possession of an original Will, there is however a requirement to lodge (file) that original Will with the probate court... View More
Now my other uncle has served me with a lawsuit a month ago to invalidate the trust. The property was left to me in the trust and I’ve already transferred into my name. What would prevent me from just selling the property or giving it to someone ?
answered on Apr 19, 2021
Obviously, as the legal owner of the property, you can sell it or give it away, but if your uncle can prove by clear and convincing evidence that you weren't entitled to the property, then you can be held accountable for the sale proceeds or the fair market value of the gift, so sell or gift... View More
To invalidate the trust and take the property. Can they do this ? It’s been 2 years and the property is in my name
answered on Apr 19, 2021
More than likely, yes. Did you provide the contestants with notice of the trust as required by California Probate Code section 16061.7 when your uncle died? If not, there’s nothing to prevent the lawsuit from continuing until it’s resolved. There are many reasons why a trust may be invalid,... View More
My mother died years ago. All she had was a bank account that I took control of. No house of her own or valuables. She had no other children but me. Late last year, I received a letter in the mail from a company called OCWEN that she has unclaimed property in the value of $1273. I contact them... View More
answered on Apr 14, 2021
You don’t need a probate for a small estate (under $166,250). Use a small estate affidavit and send the company a copy of the statute which authorizes the collection procedure (California Probate Code section 13100). Good luck!
2 days ago my brother told me that our dad died last March. I live in Missouri and my brother was in prison at the time.The coroner told me that our dad's mom made arrangements for everything. My father told me that there were things he was wanted me to have (pictures and a car). I'm the... View More
answered on Apr 12, 2021
In California, the decedent’s children are the intestate heirs of the decedent and not the decedent’s parents. If dad died testate (with a Will), the beneficiaries under that Will are entitled to his property. Demand to know why your dad’s mom thinks she’s entitled to the property. If... View More
Father-in-law is Bill. His 1st wife is Mary. They had a trust that owned 20 rental homes. Beneficiaries were 3 kids. About a year after Mary died, Bill remarried. Ten yrs later, Bill and second wife Joyce created a trust. At that time, 10 rentals were put in a "B" trust (Mary's... View More
answered on Apr 12, 2021
Yes, but it will take a voluntary settlement agreement by and among the trustee and all beneficiaries of both trusts, with or without court approval.
We both want to be able to remain in the home, make improvements, or sell if the other passes away. He wants to ensure his children to receive his share of the proceeds if the house is sold after his death. We may get married and have more children in the future. What is the best ownership... View More
answered on Apr 12, 2021
I agree with the other responses, but would add that it's important for the two of them to have an agreement which governs their rights and obligations with respect to their shared ownership of property. Like a partnership agreement, it would have a stated term (length of years) and would... View More
just found out i was part owner, brother kept trust from me.
answered on Apr 8, 2021
If you hold title to the property as tenants in common (both of your names are on the deed), then both of you have the equal right to the use and possession of the property absent an agreement between the two of you to the contrary. But if this is trust owned property and your brother is trustee... View More
I want to file a Request For Special Notice (Form DE-154) for a probate case in Los Angeles, California. I'm confused about statement #1 in the Proof Of Service By Mail part. It says "1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county... View More
answered on Mar 28, 2021
No, your husband is not a party to the cause if he’s not a beneficiary or an heir to the estate, or otherwise has an interest in the outcome of the case. Marriage by itself does not make him a party to the cause. However, that being said, you would be advised to find an independent person in... View More
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