Questions Answered by Richard Samuel Price

Q: CA wome dies intestate w/ no spouse/children/parents. She has 5 siblings; two living and three deceased.

1 Answer | Asked in Probate for California on
Answered on Feb 8, 2019
Richard Samuel Price's answer
Yes, from what you described, the survivng daughter of the deceased son of the deceased sibling is entitled to 1/2 of 1/5 of the estate, which is 1/10 or 10%.

Q: Can an executor of a will disclaim an inheritance on behalf of the deceased?

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Feb 5, 2019
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.

Q: Can my mother's husband's adult kids take property that's in her name from her through POA?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for California on
Answered on Feb 3, 2019
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.

Q: How do I file a request to postpone a hearing because we do not have the accounting of the estate?

1 Answer | Asked in Probate for California on
Answered on Jan 31, 2019
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.

Q: Does California probate laws allow for custodial compensation. ie deceased was 100% dependent on spouses care

1 Answer | Asked in Probate for California on
Answered on Jan 31, 2019
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.

Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits

1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on
Answered on Jan 16, 2019
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.

Q: Our mother died in a fire that destroyed her home. She had a reverse mortgage & no home insurance. What should we do?

1 Answer | Asked in Probate for California on
Answered on Jan 9, 2019
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.

Q: Can durable power of attorney be used to transfer real estate to the agent if principal's original gift deed missing CA

1 Answer | Asked in Real Estate Law and Probate for California on
Answered on Jan 7, 2019
Richard Samuel Price's answer
Is mother still living? Does she lack capacity? Is mother married? Does she have other children or grandchildren of a deceased child? Or has mother passed away?

There are a lot of issues with this fact pattern and my suggestion would be to get an attorney to give you proper advice.

Q: Making changes to will

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Jan 7, 2019
Richard Samuel Price's answer
You should hire an attorney to make changes to your will, or to determine if you might also need a trust. Yes, an attorney would charge a fee for those changes.

Q: Can I pay a deceased employee's final pay via direct deposit without waiting for the estate or probate?

1 Answer | Asked in Employment Law and Probate for California on
Answered on Dec 28, 2018
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.

Q: Can POA be legally signed after a stroke affected half brain & paralyzed left hand for my son Great G-Mom to sign?

2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Answered on Dec 27, 2018
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.

Q: Is it legal to just add someone onto a legal binding contract for a wrongful death lawsuit

2 Answers | Asked in Probate for California on
Answered on Dec 21, 2018
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?

Q: Can I object to part of a request for production of documents on grounds that demanding party already has access?

1 Answer | Asked in Civil Litigation and Probate for California on
Answered on Dec 19, 2018
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.

Q: How do i find out about inheritdeine if i was left any thinby my mother

1 Answer | Asked in Probate for California on
Answered on Dec 14, 2018
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.

Q: how to avoid probate

1 Answer | Asked in Probate for California on
Answered on Dec 10, 2018
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.

Q: What do I need to fill out in CA in order to fill out a form to delay probate?

2 Answers | Asked in Criminal Law and Probate for California on
Answered on Dec 10, 2018
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.

Q: My brother passed away in California and his bio mother whom he hasn’t seen since 3 is in Iran what are my rights?

1 Answer | Asked in Family Law and Probate for California on
Answered on Dec 9, 2018
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.

Q: Why would my grandfather's attorney send me a copy of the will? They asked for my address and mentioned a petition.

1 Answer | Asked in Probate for California on
Answered on Nov 29, 2018
Richard Samuel Price's answer
The original will should be lodged with the court, and a copy given to each person named in the will. You must have an interest in the estate.

Q: Trustee made final distributions to beneficiaries and stopped payment on my check. Do I have recourse with the bank?

1 Answer | Asked in Probate and Estate Planning for California on
Answered on Nov 26, 2018
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.

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