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I just feel weird about how everything was done so fast and everything from house taken to uhaul storage but wont tell me where exactly. Im concern. This was her homestead and the line of credit was very small compared to value of house in Mid Wilshire area of LA. I feel taken advantage of by Wells... View More 
answered on Sep 4, 2019
It's confusing why this would happen. Did you start a probate case for the estate? Normally a bank would not foreclose unless the mortgage payments were not being made or there was a reverse mortgage that needed to be paid off. You'll have to explain this to an attorney to help you with this.
They had a distribution last wkend and I cudnt go, they’ve been there doing all the things they want and I haven’t been aloud to as my sister says, she got appointed administator, which my parents wud never allow! A couple months ago they had a garage sale I didn’t know, but I showed up and... View More
answered on Sep 4, 2019
I'm sorry to hear that you're in this situation. If there is no will and your mother was not married at the time that she passed away, then her heirs are her children equally. You will have to contact a local attorney to help you with this.
I have been appointed conservator of estate and have a Realtor I would like to use to list the home. My attorney told me that the judge would not allow a agent who isn’t local to the area list the property. The realtor is in the same state as property and is willing to get the property sold for... View More
answered on Aug 27, 2019
Yes, a judge does have the power to require that you use a local realtor.
virtually ignored him during his home care phase? The will states if the heir predeceases her the money goes to his kids and not the spouse. Since he died after her can we honor the intent of the will?
answered on Aug 26, 2019
Did the heir die within 30 days of the decedent? The will speaks at the death of the decedent, and if the heir survived by 30 days, then the inheritance due to the heir would have to go to the heir's estate. Now you have two probate cases to deal with. You will have to determine whether the... View More
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
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.
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.
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... View More
or for instance being removed as a person entitled to notification.
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?
it has been over 15 years since my wife's father died and her sister still has not taken care of the will.
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... View More
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... View More
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.
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... View More
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... View 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... View More
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.
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... View More
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.
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... View More
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.
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... View More
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... View More
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.
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.
If the property never changed legal ownership does the person who died and was willed the houses family have claim to the property
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... View 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?
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?
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
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.
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... View More
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.
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