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Questions Answered by Richard Samuel Price

1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on

Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided

Richard Samuel Price answered on Aug 22, 2019

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.

1 Answer | Asked in Business Law and Probate for California on

Q: my 50 50 partner in a c corp passed away in may with no will. should I appoint a new board member or not? can I ?

Richard Samuel Price answered on Aug 21, 2019

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.

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

Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How do I sign 1st one

Richard Samuel Price answered on Aug 21, 2019

As the personal representative of the estate, you can transfer the property directly. You do not need to transfer it from the decedent to the estate (the estate is not a separate person).

If you plan to sell the property, you would sell it through an escrow company and they would prepare...
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1 Answer | Asked in Probate for California on

Q: does an order have to be served upon the person it refers to in order to be effective? As being removed as a co-trustee

or for instance being removed as a person entitled to notification.

Richard Samuel Price answered on Aug 19, 2019

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?

1 Answer | Asked in Probate for California on

Q: is there a time limit to file a will in ca.

it has been over 15 years since my wife's father died and her sister still has not taken care of the will.

Richard Samuel Price answered on Aug 13, 2019

A will is supposed to be lodged with the county probate court within 30 days of death. However, there isn't a penalty for not doing so.

But if there hasn't been a probate case, then there isn't a time limit to file a petition for probate. Don't wait for the sister to file the will. Your...
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1 Answer | Asked in Elder Law and Probate for California on

Q: Why would a petition to quiet title take 3-4yrs of litigation? Is it bcuz u assuming the other heir will fight me on it?

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 »

Richard Samuel Price answered on Aug 8, 2019

An uncontested case would probably take about a year. A contested case would probably take two to three years. I hope that this answers your questions.

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

Q: I am the Conservator of The Estate. How can I legally gain access to enter my conservatee's home?

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 »

Richard Samuel Price answered on Aug 6, 2019

Serve written notice on the conservatee of your request to enter and keep copies. Document the attempts that you make to enter the home and make repairs.

Try a different approach, or send a different person? It may seem a bit heavy-handed to come with police officers.

The...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for California on

Q: Is it possible for the executor of the trust, do the paper work for probate or do you have to go to court? My brother

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 »

Richard Samuel Price answered on Aug 4, 2019

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.

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

Q: How to writeComplaint toQuiet Title of real prty &Order defndnt pay 4damages caused to plaintiff @LA probate court?

I need to find sample cases i can read to see how I'm going to write this plead. But I don't know where or how to find this info.

Also, can i include in my 850/859 petition to Quiet title and restore all rights and ownership of house back to plaintiff the personal items of great value owned... Read more »

Richard Samuel Price answered on Aug 4, 2019

You could go to your local law library and find some samples. But even then, it's not that easy.

Yes, you can include both real and personal property in your petition.

You're talking about one to three years of litigation. You really need a lawyer.

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

Q: House doesn't legally belong to decendant.My former Attny said I could NOT oppose or object to the probate & now I'm Adm

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 »

Richard Samuel Price answered on Jul 24, 2019

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.

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

Q: Can anyone reference CAcase in which probate cd850 was used to excluded real property frm estate...title illegal change

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 »

Richard Samuel Price answered on Jul 23, 2019

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).)

You...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for California on

Q: There was no probate case, when my brothers and I inherited the property from my mother. Is a document legal if it's

not notarized? My brother had it typed up stating, my name not to be on the title but that I would still retain 331/3 percent ownership.

Richard Samuel Price answered on Jul 23, 2019

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.

1 Answer | Asked in Probate for California on

Q: My friend left his home when he passed month ago the person whom he left it too also died 4 days ago

If the property never changed legal ownership does the person who died and was willed the houses family have claim to the property

Richard Samuel Price answered on Jul 23, 2019

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 »

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

Q: My name is not on title to a property I inherited with my brothers. Do I retain any ownership?

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?

Richard Samuel Price answered on Jul 21, 2019

No, your name must be on the deed to have an ownership interest in the property. Was there a probate case when you inherited the property?

1 Answer | Asked in Probate for California on

Q: Can uncles wife take me to probate on home she was not on title. I paid off loan uncle stopped paying his half 20yrs ago

She was on deed but then removed about 20yrs ago at the time he stopped paying. He is still on deed as married man sole and separate property

Richard Samuel Price answered on Jul 17, 2019

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.

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

Q: How do I proceed with pursuing failure to serve me as heir and fiduciary misconduct in my father’s estate?

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 »

Richard Samuel Price answered on Jul 11, 2019

You may have to file a petition with the probate court to seek relief. This is complex and you need an attorney. Contact an attorney in your area.

2 Answers | Asked in Probate for California on

Q: My brother died 4/2019 his wife POA there is a living trust and will wife refuse to share with his family. Options avail

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.

Richard Samuel Price answered on Jul 9, 2019

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.

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1 Answer | Asked in Probate for California on

Q: My brother died 4/2019 his wife executor of living trust and will refuses to read will or communicate with his family.

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 »

Richard Samuel Price answered on Jul 9, 2019

The will is supposed to be lodged with the probate court within 30 days of death. You can file a petition with the probate court to force her to produce the will.

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

Q: How do you petition the court to rule other intent under ca probate code 5302 subdivision a

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 »

Richard Samuel Price answered on Jul 9, 2019

There isn't a form for that. You would have to draft a petition on pleading paper. Does the will specifically mention the joint account? Ordinarily, a will does not override a joint account.

2 Answers | Asked in Probate for California on

Q: There was trust. House and IRA's. Two siblings got IRA's. Two divided house. Quitclaim deed. When one dies?

Do siblings get half or does one get all ownership?

Richard Samuel Price answered on Jul 8, 2019

I assume that the siblings received their outright distributions from the trust and that the assets where not continued to be held by the trust.

With the IRAs, the siblings should name a beneficiary to take the inherited IRA that they received upon their passing.

For the house, when...
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