Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Richard Samuel Price

1 Answer | Asked in Probate for California on

Q: we need a pro bono attorney, we have a brother and sister that manipulated a will where he takes just about everything

there are six children and they manipulated mother toward their benefit. One sister and brother did this. We waited the 120 days and we have seen nothing. three girls are out in the wind

Richard Samuel Price answered on Apr 3, 2019

A will must be validly created, with the testator of sound mind, and not under the undue influence of anyone else. Contact an attorney to review your situation and read the will.

1 Answer | Asked in Probate for California on

Q: What to file Los Angeles probate court to ask judge to exclude property/money from sale of property & show proof Docs.

I mean I have my docs to show probate court why i want my funds from sale of my house excluded out of this estate. I want the judge to see that the deed is not valid because I was no longer the executor of the estate at the time this deed was supposedly signed. First, I never signed it and second... Read more »

Richard Samuel Price answered on Mar 25, 2019

I'm sorry, but I'm unclear of what you are asking about. If you mean that there is a sale of real estate, and you receive notice of proposed action for the sale of the real estate, you can object to the sale and file your objection with the court and notify the personal representative.

I...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Probate for California on

Q: Does the surviving spouse have the right to appeal medical bills on behalf of the deceased spouse in California?

If a surviving spouse is responsible for paying the deceased's medical bills then the surviving spouse should also have the right to dispute or appeal medical bills.

Richard Samuel Price answered on Mar 25, 2019

The surviving spouse should file a petition for probate to determine which bills are of the deceased spouse, and which bills are of the surviving spouse. Then, the surviving spouse can reject any improper medical bills of the deceased spouse's estate.

1 Answer | Asked in Consumer Law, Elder Law, Nursing Home Abuse and Probate for California on

Q: Re: probate court in LA, Ca what's the difference of filling a Petition/ Motion ?

Richard Samuel Price answered on Mar 25, 2019

A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.

A motion is filed within a probate case that seeks some specific relief.

1 Answer | Asked in Probate for California on

Q: What happens if you are a benificiary of a life insurance policy but have no certified death certificate to submit?

The couple (my mother and her boyfriend)lived together for 25 years(not registered domestic partners).The decedents family will not

give a certified copy of the death certificate to us.Do we need legal action?Thank you.

Richard Samuel Price answered on Mar 25, 2019

Only certain persons can get a copy of a death certificate. You can hire an attorney to get a copy for you.

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

Q: In a California probate case, can Estate Admn. still sign/transfer a deed of title of house years after case is closed?

Probate case in california was finalized and closed but 4years later a Grant Deed was recorded showing Seller as the Estate of ....... This title transfer was done on one of the properties that was included in this probate. All property was granted to the estate administrator who is an only child.... Read more »

Richard Samuel Price answered on Mar 20, 2019

I'm not fully understanding the facts, but was the sole heir to the estate a child that was the personal representative of the estate? If so, then who signed the grant deed?

Once an administrator is discharged, then the letters of administration are terminated and the administrator no...
Read more »

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

Q: How do I register an out of hospital birth in California for my 19 month old?

In 2017, I was a resident of TX before relocating to CA. I gave birth August 2017. I received all my prenatal care in Texas. There was no midwife or doula present but my husband, his brother, my mother in law and her parents were present for the birth. Since my child is over a year, I know I have... Read more »

Richard Samuel Price answered on Mar 20, 2019

You would file a petition to establish birth with the local probate court. After a court hearing, you should get an order establishing the birth. Then you must file the order with the Department of Health Services. You may have to get an attorney to draft it for you. Contact a local attorney to... Read more »

2 Answers | Asked in Probate for California on

Q: Are there any pro Bono probate lawyer's in Colorado springs

Richard Samuel Price answered on Mar 20, 2019

Pro bono mean without charge for legal fees. You may also look for a contingency fee attorney, where the attorney's fees would be payable as a percentage of the value of your case.

For pro bono help, you'll have to do some searching in your area. There may be a local legal aid that could...
Read more »

View More Answers

1 Answer | Asked in Probate for California on

Q: probate/i believe the roommate committed fraud/the decease was n the hospital n a coma/he woke up but never the same.

the roommate first passed herself off as the wife/then fiancee n the "will" says, long time friend, if u consider/3 years long time. the "will" reads: the undersigned, each being present at the same time, witnessed the signing of this instrument by James Gonzales/at the time James g. appeared to... Read more »

Richard Samuel Price answered on Mar 12, 2019

It sounds like there are some serious issues with the validity of the will. You should file a will contest and a petition in probate for an intestate estate. You should hire a local attorney to represent you.

1 Answer | Asked in Probate for California on

Q: How do I handle charged off and old debt. I am the administrator of my brothers intestate Estate.

The debt was consolidated but he stopped paying on them in September of 2018. Until I sell property there is no money. I’m unsure of how much there will be left over. It is 4 credit cards 2 have been charged off. I’m looking for

Card numbers.

Richard Samuel Price answered on Mar 12, 2019

As the administrator, you are required to give notice to the creditors. You can look through the decedent's mail to find any creditors. If the creditors file a creditor's claim, then you must either reject, accept, or partially accept the creditor's claim. You can wait for a court order of final... Read more »

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

Q: My father died in 2007 had no will. My sister is excutor of rhe estate. The court ordee for approval of final distributo

The final distribution order was the last item recorded at the recorders office its 11 years later probate was never closed and my sister trickeded my into quit claims and is now100 percent owner and i never signed iover .my shares

Richard Samuel Price answered on Mar 11, 2019

What was distributed according to the order for final distribution? If it was real estate, then recording the order transferred the property to you. Was the estate solvent? If it was insolvent, then there wouldn't be any property to distribute to the heirs. There are a lot more questions that... Read more »

1 Answer | Asked in Probate for California on

Q: Para 5a signed but not applicable, para 5d listed beneficiaries but unsigned because signature in in place only allowed.

Deciedent hoped to have wife and kids but if didn’t, then he wanted will to leave assets to listed 5d

Richard Samuel Price answered on Mar 7, 2019

I'm sorry, but it's not clear what you are referring to or what your question might be. My suggestion would be to give additional facts and ask your question again. Thank you.

1 Answer | Asked in Probate for California on

Q: Can I personally serve a motion to someone if I live with the person filing the motion?

It's for an ex parte motion in a decedents trust or estate probate litigation case

Richard Samuel Price answered on Feb 27, 2019

Yes, you can serve the notice/motion so long as you are not the petitioner, even though you live with the petitioner.

However, I do not recommend it; I recommend hiring a licensed process server. Because when a licensed process server serves the notice/motion, then the California...
Read more »

1 Answer | Asked in Probate for California on

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

In San Bernardino County, a trust was made and the remaining siblings are contesting. Estate approximate value is at $300,000

Richard Samuel Price answered on Feb 21, 2019

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... Read more »

1 Answer | Asked in Probate for California on

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

Two of the deceased have living children (none deceased) and one sibling has a living daughter and deceased son with a surviving daughter. Does the surviving daughter of the deceased son of the deceased sibling inherit anything?

Richard Samuel Price answered on Feb 8, 2019

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%.

2 Answers | Asked in Estate Planning and Probate for California on

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

My father passed away prior to the disbursement of his fathers estate. In my Grandfather's trust it listed heirs as My father, then his two son's as the beneficiary. My mother will become the executor of my father's estate and for multiple reasons it would be better if my grandfather's estate was... Read more »

Richard Samuel Price answered on Feb 5, 2019

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... Read more »

View More Answers

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

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

Previously my mother's husband has wanted all of his assets to go to her when he died, primarily because he didn't want his adult kids to fight her and leave her with nothing (he updated his Will to reflect this). Now that he is on his deathbed and has been talking to his kids everyday, he changed... Read more »

Richard Samuel Price answered on Feb 3, 2019

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.

1 Answer | Asked in Probate for California on

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

In San Bernardino County, a trust was made and the remaining siblings are contesting. Estate approximate value is at $300,000

Richard Samuel Price answered on Jan 31, 2019

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... Read more »

1 Answer | Asked in Probate for California on

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

24/7 care was rendered for all physical needs to include tube feeding, medications and bathing

Richard Samuel Price answered on Jan 31, 2019

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.

1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on

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

His present wife never allowed him to be in our lives mom married him his first enlist year I was born un1964 he had vasectomy to ensure me and mynow deceased brother would have something after his death he married his wife after an affair my brother was still his custody but he died we didn't know... Read more »

Richard Samuel Price answered on Jan 16, 2019

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... Read more »

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.