Get free answers to your legal questions from lawyers in your area.
answered on Feb 13, 2020
I would add to John's answer that failure by anyone to claim the account through small estate affidavit or probate procedure could result in the money escheating to the State if not claimed within a particular period of time.
if my aunt is executor of my mom's will, does she have to account for my portion of the trust, or money when i ask for it? is it the law?
answered on Feb 10, 2020
Absent a written waiver of theIr right to a formal account, all beneficiaries entitled to either income and/or principal of an estate are entitled to a formal account prior to distribution.
I have been granted full authority to administer my mother’s estate without court supervision under the California Independent Administration of Estates Act. I need to sell a small plot of land prior to final distribution of the estate. Do the object/consent signatures on the Notice of Proposed... View More 
answered on Feb 10, 2020
No. There’s no requirement to notarize signatures on the NOPA forms.
There’s a half sister and one other sibling left. I live here in Dallas. She had no children.
answered on Feb 7, 2020
I agree with Jeffrey but would add, and if she has no children or grandchildren, then her entire estate would pass to her parents, according to the intestate laws of her state of residence at the time of her death.
I have a revocable trust, i have a home co-owned with an ex girlfriend that I've paid off myself. I want to remove her name from the title without triggering a reassessment by placing it into my Trust. She is not a trustee on my trust, & the house is not in my trust. Can I file a PCOR form... View More
answered on Feb 6, 2020
No. Once you have bought out your ex-girlfriend’s 50% interest in the house, you will be reassessed for the 50% interest which you purchased. If you try to do as you suggest, you will be caught when the assessor asks to see a copy of your trust and sees that your ex has no beneficial interest... View More
I understand that if my mother’s estate doesn’t qualify as a small estate, within 30 days after her death, I must file her will in the superior court of the county in which she lived.
There are several financial instruments (CDs) that she owned that I can’t yet tell if she set up as... View More
answered on Jan 31, 2020
There is a legal requirement under state law to "lodge" or file an original Will with the court clerk for the county in which the decedent resided at time of death within 30 days of death regardless of the size of the estate. There's also a fee of $50 that must be paid to the court... View More
If they convey the property with the 1st mortgage then stop paying so that lender calls loan due on sale to pay lender off and trustee:/seller agent
answered on Jan 27, 2020
Assuming the trust agreement authorizes the trustee to accept property from any source, whether encumbered or not, beneficiary or trustor approval is not required.
I have had minimal contact with my step mother since my father passed away. She won’t text much or talk on the phone very long, now won’t answer at all. Got a copy of his death certificate and found out he died in California and recently bought a house before he passed. No one in the family... View More
answered on Jan 26, 2020
If you’re wondering about your inheritance rights, consult a probate attorney. In general, if the property was held by your father and stepmother as joint tenants or simply as husband and wife, as community property with right of survivorship, your stepmother now owns the property without the... View More
Of estate to me three witnesses, 3 days later he passes is this legal for me to get his wish.
answered on Jan 26, 2020
Assuming your friend’s Will is valid, yes, you’re now entitled to your friend’s 1/3 ownership interest in his father’s estate. Two probates are needed: one for the father’s estate and a second for the son’s estate. Both should be opened right away. The father’s estate cannot close... View More
I understand successor trustee can grant deed 1/3 of property to me, as parent to child transfer, then I can purchase my two brother's shares through escrow. What are the details of this process?
answered on Jan 25, 2020
The other way that Nina mentions in her post involves borrowing money by the trust secured by trust-owned property (the home) prior to distribution to the beneficiaries in an amount necessary to equalize the distributions to the kids: house (subject to new debt) to one and cash (proceeds from... View More
Can I open probate in Arkansas if it was never opened in Nevada? I have his Will which designates me as executor of all assets. The land is worth less than 25k
answered on Jan 23, 2020
Yes, you can. You may even be able to avoid a full probate by a small estate affidavit procedure under the laws of the State of Arkansas. Best to consult with an Arkansas probate attorney for availability, pricing, and other details.
answered on Jan 22, 2020
It’s not necessary as long as you keep making the mortgage payments, but if you want to know the outstanding balance or want your monthly statements to be sent to another address, then yes, let the lender know of your parents death. Now, if you’re dealing with a reverse mortgage, the lender... View More
answered on Jan 22, 2020
Yes. If you fail to pay the mortgage, you will lose the home to foreclosure. Death of a borrower does not trigger a due on sale clause. If you make the mortgage payments, keep track of them all and claim reimbursement from the estate when you can. Without a Will, the children will inherit the... View More
My mother left no will it's got to go through probate,also I have been the sole care giver and have lived there for 5yrs what are my rights.
answered on Jan 22, 2020
Your siblings have no legal authority to evict you from your mother's house. Only a personal representative for your mom's estate would have the authority to do so, and to become a personal representative requires a probate. Until that time, you have every legal right to remain in the... View More
She moved to California with the intention of living the rest of her life near family in California and disposed of all her property in Pennsylvania prior to relocating. Once she moved to California, she stayed in California continuously and moved into an assisted care facility (this required her... View More
answered on Jan 15, 2020
A person is a resident of the State of California when he or she lives in the State and intends to remain in the State for the indefinite future.
Now my father in law passed away then my son is still minor, the insurance ask us court appointed guardian to get my son’s claim. We went to court and they did not help for guardianship estate, we cannot afford to get a lawyer. We dont know what to do to get certificate from the court stating... View More
answered on Jan 13, 2020
The insurance company is asking for letters of guardianship which can only be granted to a guardian by a probate court. Merely being the parent of a minor is insufficient authority to claim insurance money belonging to a minor.
A court cannot give legal advice, nor can a legal document... View More
Only parent dies with trust. Multiple properties have to be sold. Beneficiaries are 3 brothers and one sister. Sister dies unexpectedly a month after parent dies. Now we have to go through probate as sister left no trust or will. Her share of parent's trust will have to go through... View More
answered on Jan 10, 2020
More than likely a probate will need to be opened for sister's estate before you're allowed to close parent's estate. Once an executor is appointed to sister's estate, perhaps a deal can be struck among the beneficiaries of sister's estate allowing for an in-kind... View More
answered on Jan 10, 2020
No. Both are separate branches of the superior court, but both have separate functions: a criminal court adjudicates criminal law matters and a probate court adjudicates matters affecting trusts and estates. Rarely will one branch of the superior court step on the toes of another branch of the... View More
Mom died, properties need to be sold to distribute to beneficiaries. I am a beneficiary due to inherit about $500,000. I have cancer. How can I make my own trust for people I want to be my beneficiary, when I don't yet have the amount I am due to receive from my moms trust? It will take a... View More
answered on Jan 9, 2020
Assuming it's possible in your mom's trust, assign in writing all of your right, title and interest in your mom's trust to your revocable living trust. It's possible if your mom's trust does not have a standard spendthrift provision in it. If it does, then you'll... View More
answered on Jan 7, 2020
It's the lender who signs off on a deed of reconveyance when a loan secured by real property has been paid in full. If the decedent and/or the decedent's estate loaned money to someone and received payment in full, yes, the executor of the estate would sign off on the deed of... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
