Richard Samuel Price's answer The legal representative of the estate can disclaim an interest, so long as all of the other requirements under Internal Revenue Code section 2518 to disclaim an interest are met. A will doesn't make you an executor, the probate court makes you the executor with the proper probate petition. That probate action would be brought where the decedent was domiciled at the time of death.
Richard Samuel Price's answer A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
Richard Samuel Price's answer You can have the parties stipulate to a continuance and file that with the court. You might try to email the probate examiners to request a continuance of the hearing. However, I have never been successful in continuing a hearing in San Bernardino County Superior Court. I've always had to attend the hearing and ask for a continuance. If you are far away, you can appear by telephone with CourtCall or you can hire an attorney to represent you.
Richard Samuel Price's answer Normally, family members are not entitled to payment for the care of the decedent. However, if there was a written agreement for payment or the care custodian received IHSS payments, that it may be possible to receive payment for care.
Richard Samuel Price's answer His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.
You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.
Richard Samuel Price's answer Is this the only asset of her estate? You can still bring a probate action, even if the estate is insolvent. Although you are not personally liable for your mother's debts, you can still bring an action to close out her estate. You would probably need to either short sell the house, negotiate a deed in lieu of foreclosure, or allow the lender to foreclose.
Richard Samuel Price's answer Yes. You can pay the last paycheck by direct deposit to the deceased employee. If the bank account was frozen and you can't make the deposit, you can issue a check in the decedent's name and mail it to his or her address.
Richard Samuel Price's answer Someone that signs a POA must have mental capacity. Although California law presumes that someone has mental capacity, certainly under these facts there is a doubt as to whether she had the required mental capacity. You can file for a conservatorship or sue to invalidate the POA. Unfortunately, most if not all of your options will require litigation. You need an attorney.
Richard Samuel Price's answer Just because you signed a contract doesn't automatically mean that you are entitled to any award from a wrongful death lawsuit. Who was the plaintiff in the lawsuit? How are you related to the person that died? Is your daughter a minor? Did you sign in your capacity as the parent of a minor, who is related to the decedent?
Richard Samuel Price's answer Are you representing yourself in this matter? Yes, you can object that the documents are public record which are equally available to, or in the possession of, the asking party.
Richard Samuel Price's answer You would look through her important documents to see if she had a will. Even if she didn't have a will, then you may still be entitled to an inheritance. You could check the county probate court to see if a probate action was initiated for her estate. Was she married when she passed? Did she own real estate when she passed? Bring your information to an attorney in your area for a full consultation.
Richard Samuel Price's answer Yes, you can write a simple will. If it is typewritten, then you must have two witnesses watch you sign and then sign themselves. You can go to a stationary store and get a pre-printed will. If your mobilehome is registered with the Department of Housing and Community Development, then it does not have to do through probate.
Richard Samuel Price's answer I don't follow what you're trying to delay? Do you mean that someone has filed a probate matter? What you do to "delay" would depend on the reason. There are no forms for a delay. You'll have to call an attorney.
Richard Samuel Price's answer Unfortunately, if your brother did not have an advance health care directive or will that would have given you the right to dispose of his remains, then the first person with that right would be his surviving spouse, followed by his children, then his parents. Until the mother can't be found or gives up her right to dispose of his remains, then you don't have any rights.
Richard Samuel Price's answer You should be discussing this with your attorney. You mentioned mediaiton, have you already signed a settlement agreement? If so, you should be able to enforce the settlement agreement with a motion before the court. You can file a declaration with the court regarding the stop-payment on the check.
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.