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Questions Answered by Richard Samuel Price

1 Answer | Asked in Foreclosure, Probate and Real Estate Law for California on

Q: Caretaker stayed in house& took all valuables.No heir open probate til AFTER house sold in foreclosure.Why did house go?

House note was paid in full years b4. But had $70k equity line from Wells Fargo. Monthly payment was $325/mo.Home in Koreatown valued at $1.7m sold in foreclosure like a year after owner death. It generated Surplus funds. Caretaker was taking things out of home while owner was alive and continued... Read more »

Richard Samuel Price answered on Jun 19, 2019

You can bring litigation against the caretaker for the wrongdoing of taking the decedent's property. A power of attorney terminates at death. The question is, will you collect any money from the caretaker?

1 Answer | Asked in Probate for California on

Q: Attny recommended Civil case of Surplus Funds be join w/Probate case. Im against that.Can i go back to original Civil?

I dont need to be involved in probate court. Im fighting to get my surplus funds released to me. Proceeds were sent to civil court bcuz someone else submitted a claim to my funds. There's a fraudulent deed recorded which gifted my house away. I didnt know this til i tried to collect my money and i... Read more »

Richard Samuel Price answered on Jun 19, 2019

Whenever someone passes away, the probate court has jurisdiction over the case. You may have to file a petition with the probate court under Probate Code section 850 to determine whether the surplus funds are yours or a part of the estate. There isn't a way to go to civil court for this after the... Read more »

1 Answer | Asked in Probate for California on

Q: Can my boyfriend get charge with manufacturing a controlled substance

They raided his house at 9am today he wasn't there but they said in his room they found a glass tube with weed and some plates and tube with wax residue also empty cans of butane in the back yard so they say they can use this cans

Richard Samuel Price answered on Jun 11, 2019

Your question was posted in Probate, but I you'll have to repost your question in Probation if you want a criminal law attorney to respond to your question.

1 Answer | Asked in Civil Rights, Criminal Law, Elder Law and Probate for California on

Q: An attorney and appointed trustees who had accepted the trusteeship had my disabled mother

I need a financial elder abuse litigator for elder abuse against my mother and against me. Case involves a large estate over $20 million.

Richard Samuel Price answered on Jun 1, 2019

The best thing for you to do is to all come local attorneys and get some advice about your case. You can contact your local bar association for a referral to an elder abuse attorney.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on

Q: Can a court judgement be vacated later if it was determined that all of the witnesses and the lawyer lied in court?

There was a court trial back in 2006 about a property that was gifted to a beneficiary. The other siblings filed in probate court to have the property returned to the trust and won. Later it was determined that the siblings that filed the petition lied in their testimony to the settlor on the... Read more »

Richard Samuel Price answered on May 31, 2019

Why did you wait 13 years?!?! Any statute of limitations or right to appeal is expired.

1 Answer | Asked in Probate for California on

Q: Is this a conflict of interest? In 2009 my brother was named executor of my parent’s estate. He hired a probate lawyer.

Now, my brother has passed. A person is trying to take my brother’s whole estate. The opposing counsel is the same lawyer my brother hired for my parent’s estate. My parent’s estate and my brother’s estate are combined. Would this be a reason to request this attorney be taken off the case?

Richard Samuel Price answered on May 31, 2019

These are different estates with different heirs or beneficiaries. There isn't a conflict of interest.

1 Answer | Asked in Probate for California on

Q: why didn't the judge consider any of our objections?

in an estate, we signed a waiver of bond, my stepfather's half brother was appointed administrator, during the probate, my sister and i researched my mother's assets. she owned her own business before she married my stepfather of 28 years. she passed in 2002 with a holographic will, 4 children, my... Read more »

Richard Samuel Price answered on May 31, 2019

A lot of things could have happened. The account could have had a beneficiary named. Or it could be in the name of a trust. Or it could have been a joint account with another person. You should talk with your attorney until you have a satisfactory answer.

1 Answer | Asked in Probate for California on

Q: I hired an attorney for my probate case the only living sibling her sister did not want anything to do with the estate s

Richard Samuel Price answered on May 16, 2019

Your question got cut off. I would suggest that you post your question again.

1 Answer | Asked in Probate for California on

Q: Probate law

I believe my brother presented a false holographic will on my sisters estate however it was settled seven years ago. Since I would be claiming he defrauded the Probate court has the statue of limitations for bringing an action expired?

Richard Samuel Price answered on May 16, 2019

Yes, the time period to appeal the court decision or ask the court to set aside the judgment has passed.

1 Answer | Asked in Probate for California on

Q: Does she need a will? And will we have to evict non paying renters?

I live out of state. Mom lives in California. Dad lives out of state. My Dad walked out on my Mom 10 yrs ago. He has not helped her financially at all since he left. She put 2 of their 3 children on the deed to the house. Do we have to probate the house and her belongings? She has two very old... Read more »

Richard Samuel Price answered on May 16, 2019

The probate of the house depends on how title is held. With joint tenancy, a probate matter is not required if the other joint tenants survive her. With a tenancy in common, you would need some probate matter to transfer her interest to her heirs. It's always a good idea to have an estate plan.

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Probate for California on

Q: My mother passed away and the executer / same sex partner took away what was supposed to go to me and my sister, (a

Quarter of a miillion in stocks and a nice mobile home that after executer/ domestic partner passes away gets sold split between her two sons and me and my sister (which executer sold and gave us none of us nothing) we Trusted her ,(my mom will said if anyone trys to change my will gets nothing,... Read more »

Richard Samuel Price answered on May 16, 2019

Unfortunately, your facts doen't lend themselves to an easy answer in this format.

You'll have to call a local attorney for an appointment and bring your documents for a full consultation.

1 Answer | Asked in Probate for California on

Q: Can i use the probate code 850 even if there is no will and no trust and its to exclude asset not to add into estate?

Richard Samuel Price answered on May 16, 2019

Yes, you can use Probate Code §850 to exclude assets from an estate or trust. It doesn't matter whether there is or isn't a will or trust.

1 Answer | Asked in Probate for California on

Q: I hired an attorney for probate case there was no will her sister signed off allowing me to be representative one week l

Later she decided she wanted to be and they went behind my back a my attorney filed for under behalf what are my rights

Richard Samuel Price answered on May 7, 2019

You can file a competing petition to be appointed as the personal representative of the estate. Or you can agree that your sister will be the personal representative (you can also ask her to serve with a bond so she doesn't run off with the money). Or you can make a deal that both you and your... Read more »

1 Answer | Asked in Estate Planning and Probate for California on

Q: Hi Mr.Pulley not sure if you remember me my name is Vikki Crawford it's an emergency please call me @ 209.302.2091.

I have questions about my property

Richard Samuel Price answered on May 4, 2019

The best way for you to contact a specific attorney is to look up their contact information from the State Bar of California website: http://www.calbar.ca.gov/

You should contact him directly by phone or email.

1 Answer | Asked in Probate for California on

Q: On 4/9/2019 my mother passed away. In 2007 she generated a typed letter addressed to myself & my now deceased aunt.

In this document she gives specific instructions to use funds from her savings account to pay the house, she states that ALL of her jewelry goes to me. There are some things that are crossed out by hand and refilled in. My mother leaves behind a husband and he is refusing to honor the letter she... Read more »

Richard Samuel Price answered on May 3, 2019

Unfortunately, a letter is not a will. A will requires two witnesses.

If you think that the jewelry is separate property, then you may be entitled to a portion of the jewelry. But if it is community property, then the surviving spouse receives all of it.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on

Q: My sister took out a second mortgage out on my mom's house and at the time she had dementia ? Is,am I liable or is she

Yes I do as I'm living in this house I'm very angry that I have to deal with this now especially at a time like his, also this loan is/was for $400,000.00. Please help me sort this out as I'm disabled with my hips and I have a hard time getting around. She spent this money on vacations, new cars... Read more »

Richard Samuel Price answered on Apr 30, 2019

Your sister may have commited financial elder abuse and she may be required to either reimburse the estate or have the $400,000 in loans credtied towards her inheritance. Contact a local attorney for a full consultation.

2 Answers | Asked in Probate for California on

Q: my dad had no will , no wife am i entitled to his 2,3 million dollar estate?

my parents were divorced but friends they own two houses on the same lot she lived in the front house he in the back she was power of attorney before he died and now she is telling myself, brother and sister she is beneficiary to all his bank accounts and stocks, and cashed all the stocks in and... Read more »

Richard Samuel Price answered on Apr 23, 2019

You need a lawyer. If your father designated his ex-wife as the beneficiary of the financial accounts after they were divorced, then she may be entitled to the funds so long as she did not unduly influence him. If he made the beneficiary designation before they were divorced, then the divorce... Read more »

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1 Answer | Asked in Estate Planning and Probate for California on

Q: After the courts approved everything why would the state of California ask for a check before we're able to use money

Richard Samuel Price answered on Apr 22, 2019

If there are any amounts owed to the State of California, such as for taxes, those amounts must be paid before any other debts are paid and any heirs to an estate receive their inheritance.

2 Answers | Asked in Probate for California on

Q: How do i reject the claims against probate case and can i reject the medical claim ?

No other bill. OnlyMedical claim but its wrong and i want to reject it. Is that allowed or do they get paid whatever they want regardless? I feel if i say theyre wrong im only wasting my time. But its not fair. I am Administrator and this claim is wrong. What is process for this issue is there a... Read more »

Richard Samuel Price answered on Apr 18, 2019

You can ask for additional substantiation of the claim.

You can also reject the claim, but you need a reason for the rejection.

Rejecting the claim allows the creditor to sue on the claim.

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1 Answer | Asked in Probate for California on

Q: A petition to be conservator for my mother was filed in San Bernardino County. My mother has lived in LA Cty for ten yrs

I filed an objection and want the case moved to LA County. I do not believe this Judge has jurisdiction in LA County. What law can I present in my Petition to move the case to LA County? Thank you

Richard Samuel Price answered on Apr 18, 2019

You can file a motion to change the venue to LA County. You can add that to your competing petition for conservatorship.

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