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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.
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.
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... View More 
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.
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... View More
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.
Do siblings get half or does one get all ownership?
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... View More
I lived as caretaker on a property for 7 years with an agreement that the work I did would go to me purchasing the house, the owner was murdered and his brother that he was estranged from lied to me and told me he was not filing probate that he wanted to help me. he was going behind my back then... View More
answered on Jul 3, 2019
You would have to file a petition for administration of the estate and to admit your will. Since you're a caregiver, there is a presumption that your will is invalid for undue influence, unless you have a certificate of independent review. The brother will most likely bring a will contest to... View More
My father passed away and had settlement money coming in. He wrote a will stating that he left everything to me, including any monies from suits. My brother passed away while there is still money coming in. We were splitting the money 50/50 between us. Where does his portion go now? To me or do I... View More
answered on Jul 1, 2019
Your brother's children are the heirs to his estate. There may have to be a probate case for your brother's share of your father's estate. You may need two probate cases, depending on the total value of each estate.
My stepfather and mother were married 28 years my mother owned her own ompany she had numerous bank accounts stocks bonds life ins she passed 2002 with a holographic will stating in her husband's demise all monies go back to her children my stepfather pass 2016 Intestate as a widower his... View More
answered on Jun 28, 2019
If I understand your facts, your mother died and all of her assets went to your step-father in 2002? Unfortunately, you're not an heir to your step-father's estate and your mother's will is not valid to make you an heir to your step-father's estate.
House note was paid in full years b4. But had $70k equity line from Wells Fargo. Monthly payment was $325/mo.Home in Koreatown valued at $1.7m sold in foreclosure like a year after owner death. It generated Surplus funds. Caretaker was taking things out of home while owner was alive and continued... View More
answered on Jun 19, 2019
You can bring litigation against the caretaker for the wrongdoing of taking the decedent's property. A power of attorney terminates at death. The question is, will you collect any money from the caretaker?
I dont need to be involved in probate court. Im fighting to get my surplus funds released to me. Proceeds were sent to civil court bcuz someone else submitted a claim to my funds. There's a fraudulent deed recorded which gifted my house away. I didnt know this til i tried to collect my money... View More
answered on Jun 19, 2019
Whenever someone passes away, the probate court has jurisdiction over the case. You may have to file a petition with the probate court under Probate Code section 850 to determine whether the surplus funds are yours or a part of the estate. There isn't a way to go to civil court for this... View More
They raided his house at 9am today he wasn't there but they said in his room they found a glass tube with weed and some plates and tube with wax residue also empty cans of butane in the back yard so they say they can use this cans
answered on Jun 11, 2019
Your question was posted in Probate, but I you'll have to repost your question in Probation if you want a criminal law attorney to respond to your question.
I need a financial elder abuse litigator for elder abuse against my mother and against me. Case involves a large estate over $20 million.
answered on Jun 1, 2019
The best thing for you to do is to all come local attorneys and get some advice about your case. You can contact your local bar association for a referral to an elder abuse attorney.
There was a court trial back in 2006 about a property that was gifted to a beneficiary. The other siblings filed in probate court to have the property returned to the trust and won. Later it was determined that the siblings that filed the petition lied in their testimony to the settlor on the... View More
answered on May 31, 2019
Why did you wait 13 years?!?! Any statute of limitations or right to appeal is expired.
Now, my brother has passed. A person is trying to take my brother’s whole estate. The opposing counsel is the same lawyer my brother hired for my parent’s estate. My parent’s estate and my brother’s estate are combined. Would this be a reason to request this attorney be taken off the case?
answered on May 31, 2019
These are different estates with different heirs or beneficiaries. There isn't a conflict of interest.
in an estate, we signed a waiver of bond, my stepfather's half brother was appointed administrator, during the probate, my sister and i researched my mother's assets. she owned her own business before she married my stepfather of 28 years. she passed in 2002 with a holographic will, 4... View More
answered on May 31, 2019
A lot of things could have happened. The account could have had a beneficiary named. Or it could be in the name of a trust. Or it could have been a joint account with another person. You should talk with your attorney until you have a satisfactory answer.
answered on May 16, 2019
Your question got cut off. I would suggest that you post your question again.
I believe my brother presented a false holographic will on my sisters estate however it was settled seven years ago. Since I would be claiming he defrauded the Probate court has the statue of limitations for bringing an action expired?
answered on May 16, 2019
Yes, the time period to appeal the court decision or ask the court to set aside the judgment has passed.
I live out of state. Mom lives in California. Dad lives out of state. My Dad walked out on my Mom 10 yrs ago. He has not helped her financially at all since he left. She put 2 of their 3 children on the deed to the house. Do we have to probate the house and her belongings? She has two very old... View More
answered on May 16, 2019
The probate of the house depends on how title is held. With joint tenancy, a probate matter is not required if the other joint tenants survive her. With a tenancy in common, you would need some probate matter to transfer her interest to her heirs. It's always a good idea to have an estate plan.
Quarter of a miillion in stocks and a nice mobile home that after executer/ domestic partner passes away gets sold split between her two sons and me and my sister (which executer sold and gave us none of us nothing) we Trusted her ,(my mom will said if anyone trys to change my will gets nothing,... View More
answered on May 16, 2019
Unfortunately, your facts doen't lend themselves to an easy answer in this format.
You'll have to call a local attorney for an appointment and bring your documents for a full consultation.
answered on May 16, 2019
Yes, you can use Probate Code §850 to exclude assets from an estate or trust. It doesn't matter whether there is or isn't a will or trust.
Later she decided she wanted to be and they went behind my back a my attorney filed for under behalf what are my rights
answered on May 7, 2019
You can file a competing petition to be appointed as the personal representative of the estate. Or you can agree that your sister will be the personal representative (you can also ask her to serve with a bond so she doesn't run off with the money). Or you can make a deal that both you and... View More
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