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 »
My brother left 3 kids, grandkids, mother. Property joint ownership with wife. Wife not cooperatve with my family. My brother verbally expressed before his passing that his family would be taking care of.
You would have an attorney draft a demand letter to get a copy of the trust. If she doesn't produce it, then you would sue her in probate court for a copy of it, to remove her as trustee, and for breach of fiduciary duty.
He left 3 kids, grandkids, mother and 3 siblings. My deceased brother and wife held joint tenancy of home. My brother stated before his death his family was in will. He was also expecting a large financial settlement before his death occured. His wife will not share the will with family. What... Read more »
I have a will that states that my mothers joint bank accounts her half of the community property is mine. The law states that joint bank accounts pass to the survivor unless there is other intent which her will clearly states as well as the letter to my father saying that there joint accounts were... Read more »
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