It really depends. In California, a formal notice must be mailed to all beneficiaries of a trust when a revocable trust becomes irrevocable upon the death of the trustor which gives the recipient up to 120 days to contest the trust. Until that notice period ends, a trustee would be at great risk... View More

Have you called the attorney's office that prepared the Will? They should have a copy. A copy can be submitted to probate if there's a good reason to believe the original cannot be found and was not revoked. You can also file a petition for probate to have yourself appointed as... View More

The son can accept his nomination as executor under a Will or petition to become the administrator of a decedent’s estate without a Will, but in both cases, a probate court will need to formally bless the appointment after a formal hearing on the matter.

If the retirement account was an IRA, his daughter gets the money as primary beneficiary even if the account was community property, because spousal consent is not required to setup or change a beneficiary designation on a traditional or Roth IRA account. If the retirement account was a current... View More

It’s a common situation, but every bank and credit union and other financial institution has its own rules. My experience as an estate planning specialist with over 25 years in the field is to simply have your dad endorse the check on the reverse side as follows: “For deposit only”, and then... View More

In general, a stepson is not an heir at law. When someone dies without a Will (intestate), the decedent's property generally passes to a surviving spouse, if any, or children who are then living, or their issue by right of representation; but if none, , then to the parents of the decedent or... View More

No doubt, your answer lies in the interpretation of the language used in making the special gift, but without seeing it, I would opine that the relevant date is date of distribution rather than date of death.

Call the State Bar of California and see what they recommend. If you need to probate your sister’s estate, you can also petition the probate court to appoint a lawyer as a law practice administrator to complete your sister’s cases and perhaps find a buyer for her practice.

I agree with Yelena that you need to open a probate of your father’s estate to collect any money or property passing to his estate upon his death and to establish yourself as the legal representative of his probate estate. But before the probate estate gets anything, the conservator will first... View More

Contact your local county bar association to see if they offer a mediation process to settle fee disputes. Or contact your state bar association to see if they have a process for handling complaints against your attorney. Or contact another probate attorney to see if there's anything that... View More

If your grandma is still alive, you would need to become your grandma’s conservator to assess whether your uncle has taken undue advantage of her and to perhaps revoke her Will if you discover she was mentally incompetent at the time she signed it. You can also wait until after she dies to... View More

If your mom owned a home at the time of her death, and she died without a Will, that property would pass to you as her children by the laws of intestacy. If she owned a home at the time of her death and died with a Will, that property would pass to you as beneficiaries of her estate under her Will... View More

Trust agreements are not legally required to be filed with any state or local official, so they remain entirely private throughout their existence. The law does require a trustee to notify you of the existence of the trust, your entitlement to a copy of the trust, and a warning that any trust... View More

Yes, if you have any property, your creditors may have a claim against it. Tread carefully before adding your name to any asset when you have creditor claims against you. Consult with an estate planning attorney.

If agree with Shawna. It depends on why you set the trust up the way you did (trustor’s intent) and the language of the trust. If the purpose of the trust was to provide for the child’s education and there are no prohibitions in the trust on using trust funds for such purpose, then yes, you... View More

Yes. If there’s a deed of trust recorded against property, no permission is required before a property can be sold by the trustee, assuming normal notification protocols are followed. If there’s a profit, the estate will get the profit.

Since both signed the lease agreement, both are jointly and severally liable for all lease obligations, including payment of monthly rent. If mom cannot pay, a probate estate for the decedent can be opened by the creditor by a petition for probate in order to have a legal representative appointed... View More

No, you've not stolen the vehicle. You were permitted to use it while the vehicle owner was alive. Now that the vehicle owner has died, his heirs are entitled to ownership and possession of the vehicle. There's nothing that you're doing to prevent these heirs from picking up the... View More

No. A lease is merely a tenant’s right to possession of property during the lease term. You said that your mother in law was the tenant and the lease term was the life of your mother in law. Once she passes, the lease comes to an end by its terms. The mobile home on the other hand was owned... View More

Yes, but don’t add to it or get creative. Follow the instructions on the form carefully. You can fill in the blanks and check boxes, but that’s all you can do.