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Three out of 5 homes will become empty with no tenant in a month. Beneficiaries would like to get these homes listed to sell. Can we waive the 120 day period to allow the homes to be listed?
answered on Dec 29, 2019
To clarify your question, an executor is a legal representative for a probate estate and a trustee is a legal representative for a trust. An executor acts under court supervision; a trustee does not. In general, both have the legal authority to sell real property immediately upon their... View More 
Home in California, bought for 45k in the 1960s and now worth a million.
answered on Dec 27, 2019
If it can be established that their home was held as community property, then the adjusted basis of their home would have been stepped up to its full fair market value at the time of your father’s death for income tax purposes, meaning there would be no capital gain as of your father’s date of... View More
Court appointed conservator of estate and person, or trustee of revocable trust, who's in charge? And if there is seperate person, me, who has AHCD, do i have final say? Trustee is running the show now and im kept in the dark
answered on Dec 24, 2019
A conservator of the person or an agent acting under an advance health care directive makes medical care decisions. A conservator of the estate or the trustee of a revocable trust pays the bills.
I distant family member passed away, and I've been notified that I am an heir-at-law.
They don't have any living children, parents, or siblings, but there is 1 niece and 1 nephew. Here's the slight difference-my deceased father was also a nephew.
-- Does that make me... View More
answered on Dec 24, 2019
Yes, you now stand in the shoes of your father and will receive what whatever he would have received had he lived, which sounds like a full one-third share of the estate. Specific gifts go to specific devisees. You are considered a remainder beneficiary. You will be mailed notice of the date,... View More
answered on Dec 17, 2019
It takes a petition to begin a probate and a petition to close a probate (whether or not there are any assets in the probate estate). The petition to close the probate simply alleges that there are no assets in the probate estate to administer and asks that the matter be closed.
You wrote in December: The Probate Code determines priority appointments.
In a contested conservatorship (daughter, on East Coast with relatives & my background is clean), is Court likely to override/ignore personal/family animus & follow order of preference, esp. as I am designated... View More
answered on Dec 16, 2019
The court gives great weight to order of priority because statute requires it, but between two petitions of equal priority, the court has great discretion to decide between the two. If there’s only one petition but a beneficiary of the estate has reasonable grounds to contest the appointment due... View More
When the petition is filed or when the conservatorship is granted/approved by the court.
answered on Dec 16, 2019
A court takes control of a proposed conservatee only upon the entry of an order of conservatorship and the issuance of letters to a conservator, not upon the mere filing of a petition for conservatorship.
He just passed away and his stepdaughter come in 2 hours after he passed away with two of her friends threatening me and telling me that I had to move out right then to get my stuff and move out I called the police the police told him that they could stay in the house with me and I had to stay in... View More
answered on Dec 14, 2019
No, you cannot be evicted without due process of law. Contact a landlord-tenant attorney for legal defense. If someone tries to evict you without a court order, just call 911 and ask for the police.
I've been taking care of her in her home for 10 years (Alzheimer's), and my sister wants me to inherit the remaining funds in her bank account of less than $5000 and the family home, which has a reverse mortgage on it The loan on the house is at $320,000 and the house is probably only... View More
answered on Dec 12, 2019
Since your mom’s total gross estate is valued at more than $150,000, you’ll need to probate the entire estate, including the home and the bank account. The cost of probate is at least $10,000. You really should find a probate attorney to help you through it. The existence of a reverse... View More
small and can avoid probate. But to begin the process, what "proof" must he provide to his son's landlord, banks, employer that he is son's personal representative at this time?
answered on Dec 11, 2019
A small estate affidavit can be used to collect personal property, including bank accounts, by the person entitled to the property executed more than 40 days after the person died. A copy of the death certificate may also be needed by the financial institution. Rarely does the affiant need to... View More
my fathers friend (dated briefly years ago, never been married) filed for conservatorship and her petition was denied. She then amended the petition nominating a paid professional fiduciary to be the conservator. Is this legal? Can a person with no standing nominate someone for conservator??... View More
answered on Dec 9, 2019
If your petition was denied, it could have been due to either of the following reasons: failure to prove the need for the conservatorship, or lack of adequate standing. A non-relative generally has no standing to request a conservatorship of another, especially if a relative wants to be the... View More
she helped raise. I am trying to find out if she had a will. My question is this...does her part of her "estate" automatically go to her husband with or without a will? She had mentioned to me that she had intended to leave her "half" of her property to my children "her... View More
answered on Dec 1, 2019
I agree with Nina, except you have to distinguish what was her separate property from her community property in California. Separate property passes as Nina says, but her half of the community property passes entirely to her spouse without a Will.
answered on Nov 30, 2019
No. A beneficiary on a beneficiary designation account is not liable for the account owner’s debts and the creditors of the deceased owner have no recourse against the account proceeds either.
answered on Nov 26, 2019
At least in California, a notary cannot notarize a Will in his or her official capacity. A Will requires two (in some states, three) witnesses.
Probate is in California. Minor is granddaughter to decedent. Son of decedent passed away. 2 other heirs--son and daughter. Daughter wants to serve as special administrator and Guardian Ad Litem. Estate to be split equally. Real and personal property--1.5 million. Want to avoid paying bond or... View More
answered on Nov 24, 2019
You have no choice. A minor cannot inherit money or property outright, but must be represented at all times by a legal guardian who is an adult and close in degree of kinship to the minor who will manage that money for the minor under court supervision until the minor becomes an adult. A legal... View More
answered on Nov 25, 2019
If the decedent died in CA and owned property in both CA and CO, you'll need to open a probate in both CA and CO. CA would have primary jurisdiction. CO would have ancillary jurisdiction. You would need an attorney in both states. Your CA attorney could probably find the CO attorney for... View More
My mom relocated to a managed care facility last year. If I purchase the home she lived in for 50 yrs, will I be excluded from reassessment of the property and be able to continue getting the prop 13 tax advantages and if so, does it need to be my primary residence?
answered on Nov 14, 2019
Whether it's a sale or gift of property to you by a parent, you should still qualify for the parent to child reassessment exemption under Proposition 58 which extends Prop 13 protection to the child, regardless of whether that child is a minor or an adult. If the property being transferred is... View More
I need to obtain a POA for her. I'm in Florida. The only assets she has, to my knowledge, are 2 cars (in CA), a bank account (in CA - don't know if anything is in at this point) and some land in FL (which she was considering selling before her stroke). She also as a list of credit card... View More
answered on Nov 13, 2019
Besides a statutory general durable power of attorney which you can readily find online, you should also see if the bank or other financial institution has a downloadable power of attorney specific to their institution. Banks generally like their own form power of attorneys more than they like... View More
My father was left money from and aunt. He did not claim it and he has since died. The county finance department says I need a court order to claim it. I am his daughter and I have no idea what I need to do. The amount is less then $6000.00.
answered on Nov 8, 2019
You might need letters testamentary from a probate court in order to claim what previously belonged to your father. You might however be able to avoid the need for a probate court order if the sum total of your father's estate is under $150,000 by the filing of a small estate affidavit with... View More
answered on Nov 3, 2019
No. When you file your petition for probate, you should get the name of a probate referee assigned to your case by the court. You would then complete an inventory and appraisal of all assets held in the probate estate and send it to the probate referee for appraisal work. Upon its return by the... View More
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