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Questions Answered by Richard Samuel Price
1 Answer | Asked in Probate for California on
Q: Mom past away, noWill.Home paid off, later she got small line of credit.Wells Fargo jump in an sold b4 probate is it ok?

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 »

Richard Samuel Price
Richard Samuel Price answered on Sep 4, 2019

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.

1 Answer | Asked in Probate and Estate Planning for California on
Q: There’s 3 of us sisters, there leaving me out, no will from my parents,& I haven’t been there since my mom passed,

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 »

Richard Samuel Price
Richard Samuel Price answered on Sep 4, 2019

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.

1 Answer | Asked in Probate for California on
Q: Can the judge require a “local” realtor list the property in probate?

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 »

Richard Samuel Price
Richard Samuel Price answered on Aug 27, 2019

Yes, a judge does have the power to require that you use a local realtor.

2 Answers | Asked in Probate for California on
Q: California, Heir has died during probate, he had wife and four kids. Can we give kids the money and not wife? She has

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?

Richard Samuel Price
Richard Samuel Price answered on Aug 26, 2019

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 »

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1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on
Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided

Richard Samuel Price
Richard Samuel Price answered on Aug 22, 2019

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.

1 Answer | Asked in Business Law and Probate for California on
Q: my 50 50 partner in a c corp passed away in may with no will. should I appoint a new board member or not? can I ?
Richard Samuel Price
Richard Samuel Price answered on Aug 21, 2019

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.

1 Answer | Asked in Real Estate Law and Probate for California on
Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How do I sign 1st one
Richard Samuel Price
Richard Samuel Price answered on Aug 21, 2019

As the personal representative of the estate, you can transfer the property directly. You do not need to transfer it from the decedent to the estate (the estate is not a separate person).

If you plan to sell the property, you would sell it through an escrow company and they would prepare...
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1 Answer | Asked in Probate for California on
Q: does an order have to be served upon the person it refers to in order to be effective? As being removed as a co-trustee

or for instance being removed as a person entitled to notification.

Richard Samuel Price
Richard Samuel Price answered on Aug 19, 2019

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?

1 Answer | Asked in Probate for California on
Q: is there a time limit to file a will in ca.

it has been over 15 years since my wife's father died and her sister still has not taken care of the will.

Richard Samuel Price
Richard Samuel Price answered on Aug 13, 2019

A will is supposed to be lodged with the county probate court within 30 days of death. However, there isn't a penalty for not doing so.

But if there hasn't been a probate case, then there isn't a time limit to file a petition for probate. Don't wait for the sister to file the will. Your...
Read more »

1 Answer | Asked in Elder Law and Probate for California on
Q: Why would a petition to quiet title take 3-4yrs of litigation? Is it bcuz u assuming the other heir will fight me on it?

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 »

Richard Samuel Price
Richard Samuel Price answered on Aug 8, 2019

An uncontested case would probably take about a year. A contested case would probably take two to three years. I hope that this answers your questions.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for California on
Q: I am the Conservator of The Estate. How can I legally gain access to enter my conservatee's home?

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 »

Richard Samuel Price
Richard Samuel Price answered on Aug 6, 2019

Serve written notice on the conservatee of your request to enter and keep copies. Document the attempts that you make to enter the home and make repairs.

Try a different approach, or send a different person? It may seem a bit heavy-handed to come with police officers.

The...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for California on
Q: Is it possible for the executor of the trust, do the paper work for probate or do you have to go to court? My brother

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 »

Richard Samuel Price
Richard Samuel Price answered on Aug 4, 2019

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.

1 Answer | Asked in Probate and Real Estate Law for California on
Q: How to writeComplaint toQuiet Title of real prty &Order defndnt pay 4damages caused to plaintiff @LA probate court?

I need to find sample cases i can read to see how I'm going to write this plead. But I don't know where or how to find this info.

Also, can i include in my 850/859 petition to Quiet title and restore all rights and ownership of house back to plaintiff the personal items of great value owned... Read more »

Richard Samuel Price
Richard Samuel Price answered on Aug 4, 2019

You could go to your local law library and find some samples. But even then, it's not that easy.

Yes, you can include both real and personal property in your petition.

You're talking about one to three years of litigation. You really need a lawyer.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: House doesn't legally belong to decendant.My former Attny said I could NOT oppose or object to the probate & now I'm Adm

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 »

Richard Samuel Price
Richard Samuel Price answered on Jul 24, 2019

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.

1 Answer | Asked in Probate, Real Estate Law and Estate Planning for California on
Q: Can anyone reference CAcase in which probate cd850 was used to excluded real property frm estate...title illegal change

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 »

Richard Samuel Price
Richard Samuel Price answered on Jul 23, 2019

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).)

You...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for California on
Q: There was no probate case, when my brothers and I inherited the property from my mother. Is a document legal if it's

not notarized? My brother had it typed up stating, my name not to be on the title but that I would still retain 331/3 percent ownership.

Richard Samuel Price
Richard Samuel Price answered on Jul 23, 2019

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.

1 Answer | Asked in Probate for California on
Q: My friend left his home when he passed month ago the person whom he left it too also died 4 days ago

If the property never changed legal ownership does the person who died and was willed the houses family have claim to the property

Richard Samuel Price
Richard Samuel Price answered on Jul 23, 2019

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 »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for California on
Q: My name is not on title to a property I inherited with my brothers. Do I retain any ownership?

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?

Richard Samuel Price
Richard Samuel Price answered on Jul 21, 2019

No, your name must be on the deed to have an ownership interest in the property. Was there a probate case when you inherited the property?

1 Answer | Asked in Probate for California on
Q: Can uncles wife take me to probate on home she was not on title. I paid off loan uncle stopped paying his half 20yrs ago

She was on deed but then removed about 20yrs ago at the time he stopped paying. He is still on deed as married man sole and separate property

Richard Samuel Price
Richard Samuel Price answered on Jul 17, 2019

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.

1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: How do I proceed with pursuing failure to serve me as heir and fiduciary misconduct in my father’s estate?

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 »

Richard Samuel Price
Richard Samuel Price answered on Jul 11, 2019

You may have to file a petition with the probate court to seek relief. This is complex and you need an attorney. Contact an attorney in your area.

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