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I have questions about my property
answered on May 4, 2019
The best way for you to contact a specific attorney is to look up their contact information from the State Bar of California website: http://www.calbar.ca.gov/
You should contact him directly by phone or email.
In this document she gives specific instructions to use funds from her savings account to pay the house, she states that ALL of her jewelry goes to me. There are some things that are crossed out by hand and refilled in. My mother leaves behind a husband and he is refusing to honor the letter she... View More 
answered on May 3, 2019
Unfortunately, a letter is not a will. A will requires two witnesses.
If you think that the jewelry is separate property, then you may be entitled to a portion of the jewelry. But if it is community property, then the surviving spouse receives all of it.
Yes I do as I'm living in this house I'm very angry that I have to deal with this now especially at a time like his, also this loan is/was for $400,000.00. Please help me sort this out as I'm disabled with my hips and I have a hard time getting around. She spent this money on... View More
answered on Apr 30, 2019
Your sister may have commited financial elder abuse and she may be required to either reimburse the estate or have the $400,000 in loans credtied towards her inheritance. Contact a local attorney for a full consultation.
my parents were divorced but friends they own two houses on the same lot she lived in the front house he in the back she was power of attorney before he died and now she is telling myself, brother and sister she is beneficiary to all his bank accounts and stocks, and cashed all the stocks in and... View More
answered on Apr 23, 2019
You need a lawyer. If your father designated his ex-wife as the beneficiary of the financial accounts after they were divorced, then she may be entitled to the funds so long as she did not unduly influence him. If he made the beneficiary designation before they were divorced, then the divorce... View More
answered on Apr 22, 2019
If there are any amounts owed to the State of California, such as for taxes, those amounts must be paid before any other debts are paid and any heirs to an estate receive their inheritance.
No other bill. OnlyMedical claim but its wrong and i want to reject it. Is that allowed or do they get paid whatever they want regardless? I feel if i say theyre wrong im only wasting my time. But its not fair. I am Administrator and this claim is wrong. What is process for this issue is there a... View More
answered on Apr 18, 2019
You can ask for additional substantiation of the claim.
You can also reject the claim, but you need a reason for the rejection.
Rejecting the claim allows the creditor to sue on the claim.
I filed an objection and want the case moved to LA County. I do not believe this Judge has jurisdiction in LA County. What law can I present in my Petition to move the case to LA County? Thank you
answered on Apr 18, 2019
You can file a motion to change the venue to LA County. You can add that to your competing petition for conservatorship.
Can i still ask to release some funds even if there is no bills to pay in this probate? I am Administrator.
answered on Apr 18, 2019
If this is a probate matter for a decedent's estate, then you can file a petition for a preliminary distribution of the estate, but if there are no bills to pay, then you should just file the final distribution.
If there is a blocked account, then you'll have to file the... View More
Im attaching documents to back up my declaration that i am the legal owner of surplus funds wrongly involved in the estate. So since im declaring who i am can i also tell court that releasing those funds from blocked accts is in order?
answered on Apr 8, 2019
No, a petition and an order to withdraw funds from a blocked account are separate forms. Use Judicial Counsel Forms MC-357 and MC-358 to request withdrawal of funds from a blocked account.
My father died 5 days before my mother. I am sole beneficiary and a personal representative of my mother's estate. I have filed a spousal property petition for my fathers assets to go to my mother's estate. As it was necessary to wait for these assets to transfer to my mother's... View More
answered on Apr 8, 2019
You would fill in the hearing date and then put in your filing that the judge said it was okay to set the same hearing date.
And stamped with the county clerks office to be legal?
answered on Apr 5, 2019
No, discovery requests do not need to be filed with the court clerk to be legal. In fact, discovery is not filed with the court. They are normally served on the other party by mail.
answered on Apr 3, 2019
You would have to get permission from the judge to use the same date for a motion or petition. You normally would file your motion or petition and then the court would set a new hearing date.
How do i ask the probate court to release my money out of blocked accts? I want the court to release all the money to me ($600k approx.) this has been a waste of time. And I also want to tell the court that since this money does not belong to the deceased I want court NOT to pay the claim to Health... View More
answered on Apr 3, 2019
There is a judicial counsel for to petition the court to withdraw funds from a blocked account: Judicial Counsel Form MC-357. You must also file an order to withdraw funds from a blocked account: Judicial Counsel Form MC-358. When you file this petition and order, you can only ask the court to... View More
I trusted my attorney was doing what I wanted. I brought him my paperwork and he agreed with me that i should object to probate and excluded my property from the estate. I even paid him $5000 to file. He told me it'll be a long process its been 2yrs now and I just found out my attorney never... View More
answered on Apr 3, 2019
I'm sorry that you are going through this. You should have a sit-down discussion with your attorney to understand what has happened. If you don't get satisfactory answers, you can switch attorneys.
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
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.
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... View More
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.... View More
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.
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.
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.
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.
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.
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.... View More
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... View More
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