I just feel weird about how everything was done so fast and everything from house taken to uhaul storage but wont tell me where exactly. Im concern. This was her homestead and the line of credit was very small compared to value of house in Mid Wilshire area of LA. I feel taken advantage of by Wells... Read more »
It's confusing why this would happen. Did you start a probate case for the estate? Normally a bank would not foreclose unless the mortgage payments were not being made or there was a reverse mortgage that needed to be paid off. You'll have to explain this to an attorney to help you with this.
They had a distribution last wkend and I cudnt go, they’ve been there doing all the things they want and I haven’t been aloud to as my sister says, she got appointed administator, which my parents wud never allow! A couple months ago they had a garage sale I didn’t know, but I showed up and... Read more »
I'm sorry to hear that you're in this situation. If there is no will and your mother was not married at the time that she passed away, then her heirs are her children equally. You will have to contact a local attorney to help you with this.
I have been appointed conservator of estate and have a Realtor I would like to use to list the home. My attorney told me that the judge would not allow a agent who isn’t local to the area list the property. The realtor is in the same state as property and is willing to get the property sold for... Read more »
virtually ignored him during his home care phase? The will states if the heir predeceases her the money goes to his kids and not the spouse. Since he died after her can we honor the intent of the will?
Did the heir die within 30 days of the decedent? The will speaks at the death of the decedent, and if the heir survived by 30 days, then the inheritance due to the heir would have to go to the heir's estate. Now you have two probate cases to deal with. You will have to determine whether the...Read more »
In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.
You'll have to review the bylaws and/or the shareholder agreement for any clauses of what would happen if a shareholder dies. If the bylaws and/or shareholder agreement are silent on the issue, then California law applies, which is complex. You should contact an attorney near you for advice.
No, an order does not normally have to be served upon the person it affects, unless the judge orders it so. Through the case, you either were served, notified, or the court dispensed with notification to you. Didn't you appear at the hearing on the petition?
So how long would this process take if we assume the other heir won't say anything, no arguments from the other side? After i TRY to quiet title and ask to exclude this asset from the estate forever, using probate code 850.... oh wait, i forgot i dont only wish to quiet title inorder to correct the... Read more »
I have a court order to gain access, LAPD did not want me to enter because I would be in harms way although she was not violent she had barricaded the doors & windows, 3 officers pushed the door open 12", APS said I do not need to gain access she looks fine & does not want me in the house. I was... Read more »
Is the executor for our mothers trust. He is the one that drew up the document for me to sign, not to have my name on the title to our mother's property. On Friday my case was dismissed. I left my brother's a message to let them know. They have not called me back. There was no court order... Read more »
Without reading what you signed and understanding what type of case you had, it is impossible to answer your questions. You should bring all of your documents to an attorney to review and give you some legal advice.
Probate was started by "next of kin". House is the only thing in estate but decendant is not legal owner. There's title fraud change here. When I found out all this I got attorney to help me. I wanted to let court know this is wrong and I'm against this probate. My attorney told me yes he can help... Read more »
This is beyond what you can do on your own. You need to hire an attorney to help you. Call a local probate attorney to assist you, or contact your local bar association for a referral to a probate attorney.
Heir did an illegal title change on a house and after mother passed (No Will) heir open probate case and claiming house which did not belong to mother. House really belongs to someone else. This is the only thing in probate. Need to get this house out of this estate. And what to do for Inventory... Read more »
Probate Code section 850 allows for a personal representative or any interested person to file a petition requesting the court make an order where the decedent died holding title to real estate and the property is claimed to belong to someone else. (Probate Code section 850(a)(2)(C).)
Whenever someone dies owning real estate in their individual name, there must be a probate case for a court order that transfers the real estate to the heirs. Is the document that you're referring to a court order? Court orders are not notarized.
It depends on what the will says, and this is not simple. If Sally made a will that gave the house to John or his descendants, but John is not alive when Sally dies, then John's decedents get the house. If the will does not say John or his descendants, then the anti-lapse statute may still give...Read more »
There is a document my brother had typed up stating, I would not be on the title because of financial matters. However, I still would retain 331/3 percent ownership. We never went through probate and the document was not notarized. Is the document legal?
It's not the person who pays off the loan that owns the property. It's the person on title to the property that owns the property. Is your uncle on title on the deed? If so, his wife has an interest in the property.
A questionably valid POA was signed while my dad was on many forms of life support and then a Trust was created with that POA. Money was taken and placed into the POA’s personal bank accounts and she continued to collect that money after his death on the POA. She was required to handle my... Read 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.