Questions Answered by Richard Samuel Price

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

2 Answers | Asked in Probate for California on
Answered on Apr 18, 2019
Richard Samuel Price's answer
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.

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

1 Answer | Asked in Probate for California on
Answered on Apr 18, 2019
Richard Samuel Price's answer
You can file a motion to change the venue to LA County. You can add that to your competing petition for conservatorship.

Q: I want to ask probate judge to release some funds from blocked acct. but we dont have any bills to pay or people to pay.

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 18, 2019
Richard Samuel Price's answer
If this is a probate matter for a decedent's estate, then you can file a petition for a preliminary distribution of the estate, but if there are no bills to pay, then you should just file the final distribution.

If there is a blocked account, then you'll have to file the appropriate petition and order.

Call or email an attorney for a full consultation.

Q: Re:probate case when i file a Declaration can i also include what i want the court to do.Like exclude and release funds?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 8, 2019
Richard Samuel Price's answer
No, a petition and an order to withdraw funds from a blocked account are separate forms. Use Judicial Counsel Forms MC-357 and MC-358 to request withdrawal of funds from a blocked account.

Q: How do I get my hearing date for status report modified to include Petition for final distribution?

1 Answer | Asked in Probate for California on
Answered on Apr 8, 2019
Richard Samuel Price's answer
You would fill in the hearing date and then put in your filing that the judge said it was okay to set the same hearing date.

Q: Does a request for production of documents and a requests for admission have to be filed with the court clerk.

1 Answer | Asked in Probate for California on
Answered on Apr 5, 2019
Richard Samuel Price's answer
No, discovery requests do not need to be filed with the court clerk to be legal. In fact, discovery is not filed with the court. They are normally served on the other party by mail.

Q: Re: probate in Los Angeles- there's a hearing date(17days)set by judge to show status can I file motion using same date?

1 Answer | Asked in Probate for California on
Answered on Apr 3, 2019
Richard Samuel Price's answer
You would have to get permission from the judge to use the same date for a motion or petition. You normally would file your motion or petition and then the court would set a new hearing date.

Q: ....can I write on top MotionNotice & Motion on one paper? And how many requests can i ask court to do per motion?

1 Answer | Asked in Elder Law and Probate for California on
Answered on Apr 3, 2019
Richard Samuel Price's answer
There is a judicial counsel for to petition the court to withdraw funds from a blocked account: Judicial Counsel Form MC-357. You must also file an order to withdraw funds from a blocked account: Judicial Counsel Form MC-358. When you file this petition and order, you can only ask the court to withdraw funds from a blocked account, not any other motions.

Q: Los Angeles probate case, I hired lawyer because I want to Object/ file 850.Lawyer never filed 850 but said he did....

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for California on
Answered on Apr 3, 2019
Richard Samuel Price's answer
I'm sorry that you are going through this. You should have a sit-down discussion with your attorney to understand what has happened. If you don't get satisfactory answers, you can switch attorneys.

Q: we need a pro bono attorney, we have a brother and sister that manipulated a will where he takes just about everything

1 Answer | Asked in Probate for California on
Answered on Apr 3, 2019
Richard Samuel Price's answer
A will must be validly created, with the testator of sound mind, and not under the undue influence of anyone else. Contact an attorney to review your situation and read the will.

Q: What to file Los Angeles probate court to ask judge to exclude property/money from sale of property & show proof Docs.

1 Answer | Asked in Probate for California on
Answered on Mar 25, 2019
Richard Samuel Price's answer
I'm sorry, but I'm unclear of what you are asking about. If you mean that there is a sale of real estate, and you receive notice of proposed action for the sale of the real estate, you can object to the sale and file your objection with the court and notify the personal representative.

I don't know what you mean by "proof docs."

Q: Does the surviving spouse have the right to appeal medical bills on behalf of the deceased spouse in California?

1 Answer | Asked in Appeals / Appellate Law and Probate for California on
Answered on Mar 25, 2019
Richard Samuel Price's answer
The surviving spouse should file a petition for probate to determine which bills are of the deceased spouse, and which bills are of the surviving spouse. Then, the surviving spouse can reject any improper medical bills of the deceased spouse's estate.

Q: Re: probate court in LA, Ca what's the difference of filling a Petition/ Motion ?

1 Answer | Asked in Consumer Law, Elder Law, Nursing Home Abuse and Probate for California on
Answered on Mar 25, 2019
Richard Samuel Price's answer
A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.

A motion is filed within a probate case that seeks some specific relief.

Q: What happens if you are a benificiary of a life insurance policy but have no certified death certificate to submit?

1 Answer | Asked in Probate for California on
Answered on Mar 25, 2019
Richard Samuel Price's answer
Only certain persons can get a copy of a death certificate. You can hire an attorney to get a copy for you.

Q: In a California probate case, can Estate Admn. still sign/transfer a deed of title of house years after case is closed?

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Mar 20, 2019
Richard Samuel Price's answer
I'm not fully understanding the facts, but was the sole heir to the estate a child that was the personal representative of the estate? If so, then who signed the grant deed?

Once an administrator is discharged, then the letters of administration are terminated and the administrator no longer has powers under the Independent Administration of Estates Act. In order to transfer a property by a deed, the probate matter would have to be reopened and then administered.

Call or email...

Q: How do I register an out of hospital birth in California for my 19 month old?

1 Answer | Asked in Family Law and Probate for California on
Answered on Mar 20, 2019
Richard Samuel Price's answer
You would file a petition to establish birth with the local probate court. After a court hearing, you should get an order establishing the birth. Then you must file the order with the Department of Health Services. You may have to get an attorney to draft it for you. Contact a local attorney to help you.

Q: Are there any pro Bono probate lawyer's in Colorado springs

2 Answers | Asked in Probate for California on
Answered on Mar 20, 2019
Richard Samuel Price's answer
Pro bono mean without charge for legal fees. You may also look for a contingency fee attorney, where the attorney's fees would be payable as a percentage of the value of your case.

For pro bono help, you'll have to do some searching in your area. There may be a local legal aid that could help you at little or no cost. Some legal aids are associated with another entity like a church or YMCA. Even some courts have a self-help department.

You can also request a fee waiver...

Q: probate/i believe the roommate committed fraud/the decease was n the hospital n a coma/he woke up but never the same.

1 Answer | Asked in Probate for California on
Answered on Mar 12, 2019
Richard Samuel Price's answer
It sounds like there are some serious issues with the validity of the will. You should file a will contest and a petition in probate for an intestate estate. You should hire a local attorney to represent you.

Q: How do I handle charged off and old debt. I am the administrator of my brothers intestate Estate.

1 Answer | Asked in Probate for California on
Answered on Mar 12, 2019
Richard Samuel Price's answer
As the administrator, you are required to give notice to the creditors. You can look through the decedent's mail to find any creditors. If the creditors file a creditor's claim, then you must either reject, accept, or partially accept the creditor's claim. You can wait for a court order of final distribution before paying most debts.

Q: My father died in 2007 had no will. My sister is excutor of rhe estate. The court ordee for approval of final distributo

1 Answer | Asked in Criminal Law, Elder Law and Probate for California on
Answered on Mar 11, 2019
Richard Samuel Price's answer
What was distributed according to the order for final distribution? If it was real estate, then recording the order transferred the property to you. Was the estate solvent? If it was insolvent, then there wouldn't be any property to distribute to the heirs. There are a lot more questions that are left unanswered. Did you sign a quitclaim deed transferring your interest in the property to your sister? You should bring the order for final distribution and quitclaim deed to a local attorney...

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