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answered on Sep 2, 2020
Yes. A Heggstad petition is a request filed by the trustee of a trust with the probate court to confirm the validity of a trust, the name of the trustee, and the existence of trust assets. It’s often used to avoid a full probate of the estate which can cost thousands of dollars and take 12-18... View More 
When my dad passes, and I inherit his house, I have been informed that under Prop 58 I can keep the Prop 13 benefit that my dad has. However, if I were to sell the house, can I therefore transfer that Prop 13 benefit to another residence in a reciprocal county? If so, do I need to be a resident... View More
answered on Sep 2, 2020
You're referring to California Prop 60 and Prop 90. Here's a link to the California Board of Equalization website which explains the requirements of the law: https://www.boe.ca.gov/proptaxes/prop60-90_55over.htm
My aunt is an older widow who is being overcharged for payment of 2 bills.
answered on Aug 29, 2020
Now that your aunt has been legally conserved, it's really not up to you to decide whether your aunt should be conserved or not, it's now up to the court, the court investigator, and your aunt's attorney to decide that matter. Your opinion certainly matters, but the court will... View More
in my petition to probate even though they do not inherit anything because spouse is still surviving?
answered on Aug 27, 2020
Yes. Everyone named in a Will must be given notice of your petition for probate (whether they get anything or not).
My parents are planning to make a will but unsure if state/government will be able to seize it after its in my name because ive collected welfare (cash, food stamps, medical)
answered on Aug 18, 2020
No. If you receive Medi-Cal, SSI, TANF, SSDI, VA or IHSS benefits, a house in which you reside is considered a non-countable resource in your benefits determination. If you receive Section 8 housing however, a house will jeopardize those benefits. Food stamps are based on income, not assets,... View More
answered on Aug 17, 2020
The only way to prevent this wrong from occurring is to conserve your mother with notice to her and the entire family and a court hearing. The process is both time consuming and expensive and may not make you any friends, but if your mother needs help to prevent the undue influence of other... View More
My father just passed away today. My oldest brother is planning to immediately cremate and then scatter his ashes. He is also the custodian of my father while he was in elderly care facilities. We all agreed on the cremation. However, my other younger brothers and I want to have the ashes stay in... View More
answered on Aug 16, 2020
File your petition in the probate court. Call the court before filing your petition and ask about having your matter heard ex parte.
The Trust does contain real property (a home)
answered on Aug 14, 2020
Generally, no. The trust agreement does not need to be filed (recorded) with the county recorder's office, but any deed which is intended to convey legal ownership of real property to the trust needs to be recorded. It's generally not good enough to simply list the property in a... View More
I am personal representative with full IAEA and estate is solvent.
answered on Aug 11, 2020
No, but you do need court approval to pay yourself anything out of the estate. Keep your receipts and submit your request for reimbursement at the time of your petition for final distribution and if there’s benefit to the estate, your request for reimbursement should be approved.
I am the petitioner in pro per. I do not have an attorney representing me. Could I amend my order and add a co-administrator?
answered on Aug 5, 2020
You will need formal Letters from the court which authorize you to act as Administrator for the estate of the decedent. Some banks even require letters which have been certified by the court. You will also need a new federal employer identification number for the estate If you don’t already... View More
Settlors created the trust in 1988 naming themselves trustees and then their two adult children, a son and a daughter. The primary trust asset is property in California. The two "children" are now in their 80's. The daughter lives out of state and has never participated in the... View More
answered on Aug 4, 2020
If the trust agreement doesn’t give a trustee the authority to appoint a successor trustee, a trustee or a beneficiary needs to petition the probate court to appoint the new trustee.
If not, perhaps the trustee has the authority to delegate trustee powers to an agent under the trust... View More
I have 4 aunts which got a large portion and I got 10,000 out of hundreds of thousands
answered on Jul 30, 2020
I agree with the previous replies. I would also add that, because your father died, his entire estate would pass under his Will, if he had one, or intestate, if he didn't, in which case his estate would pass to his heirs at law (i.e., his children). But to prove that he died and he had... View More
My parents are setting up a living trust and they stated that the estate lawyer is requesting my marriage license and my children's birth certificates "establish family lineage". I feel that it is my parents just trying to see if my wife and I are actually married and if my name is... View More
answered on Jul 17, 2020
No, there’s absolutely no reason why an estate planning lawyer needs that kind of information from you.
the asset is a home that is now in my sisters name.
answered on Jul 15, 2020
No, if the property was held as joint tenants with rights of survivorship. In that case, the property belongs to the surviving owner. A Will only has dispositive effect on individually owned assets that have no beneficiary designation.
There was a restraining order against the daughter 6 years ago but I’m not sure if it’s still in place, we didn’t renew it. She wants to take everything in our home and says everything is hers. My name is not on the house title.
answered on Jul 15, 2020
Possession is nine tenths of the law. If it’s in your home, she will need to prove it was her father’s property by clear and convincing evidence before she can remove it from your home. Your property is clearly your property. If she attempts to take your property, she could be liable for... View More
I'm mostly concerned with Medi-Cal billing me for costs against her estate even if it doesn't go to probate. She had no will and no beneficiary listed on the account. If they can how do I subtract the burial costs?
answered on Jul 11, 2020
Yes. Medi-Cal can and will bill you once you have provided them with a notice of death and a copy of the death certificate which you are obligated to do.
You are however entitled to reimbursement of your costs of burial before they get paid.
My name is Elijah I am 21, I live in Los Angeles, CA. Mother died in 2008 when I was a minor and soon after my grandmother was named my guardian and a bank account of some of my mother's money was set up for me by the court. I went to Bank of America and they told me I have to get a document... View More
answered on Jul 8, 2020
This self-help guide from Sacramento County should help you, even in Los Angeles County.
https://saclaw.org/wp-content/uploads/sbs-withdrawing-funds-from-a-blocked-account.pdf
Good luck!
The personal representative of my father’s estate told me that “there is nothing for me to inherit”. I had no reason to believe otherwise until a year later I found out that I was entitled to half.
Is there anything I can do to regain my inheritance or would the burden have been on... View More
answered on Jul 4, 2020
If the personal representative was the executor of the estate, that person would be acting under court supervision and the court would ensure that you get everything you’re entitled to before authorizing the final distribution of that estate and discharging the executor from any remaining duties.... View More
Executor 1 is billing the estate whenever she is taking flights and purchasing other things. The whole family can not see how much she is charging the estate. The attorney for the estate is really only working with her and not to the wishes of our relative who has passed. Executor 2 is being kept... View More
answered on Jul 1, 2020
You don’t need to worry about how much the executors are charging the estate for their work. There’s only one fee, a statutory fee based on the value of the estate, and that one fee must be shared between the two executors as they shall agree, but if they are unable to agree, as the court... View More
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