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... View More 
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... View More
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... View More
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... View More
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.
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.
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... View More
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
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... View More
Deciedent hoped to have wife and kids but if didn’t, then he wanted will to leave assets to listed 5d
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.
It's for an ex parte motion in a decedents trust or estate probate litigation case
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... View More
In San Bernardino County, a trust was made and the remaining siblings are contesting. Estate approximate value is at $300,000
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... View More
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?
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%.
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... View More
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.... View More
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,... View More
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.
In San Bernardino County, a trust was made and the remaining siblings are contesting. Estate approximate value is at $300,000
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... View More
24/7 care was rendered for all physical needs to include tube feeding, medications and bathing
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.
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... View More
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... View More
answered on Jan 9, 2019
Is this the only asset of her estate? You can still bring a probate action, even if the estate is insolvent. Although you are not personally liable for your mother's debts, you can still bring an action to close out her estate. You would probably need to either short sell the house,... View More
I am applying for a Certificate of Clearance ( a.k.a COC)through the California Teaching Comission, to start working towards a teaching credential. In their online application for the COC, I am asked to report any criminal history, even misdemeanors that have been dismissed. They also ask to... View More
House in Los Angeles county. Was given to son in joint tenancy years ago. not recorded. now original deed missing...have notary verified copy. Son is agent in durable general power of attorney. May he restore or replace mom's transfer by a new grant deed? Mom has alzheimer's dementia.
answered on Jan 7, 2019
Is mother still living? Does she lack capacity? Is mother married? Does she have other children or grandchildren of a deceased child? Or has mother passed away?
There are a lot of issues with this fact pattern and my suggestion would be to get an attorney to give you proper advice.
Yes I am working with an attorney so I’m just making some changes to my will will you be necessary to make a new well? Or change the old one or is there a fee to make it it will do you know
answered on Jan 7, 2019
You should hire an attorney to make changes to your will, or to determine if you might also need a trust. Yes, an attorney would charge a fee for those changes.
The payroll is to be paid on Jan 4th 2019. The employee was single.
answered on Dec 28, 2018
Yes. You can pay the last paycheck by direct deposit to the deceased employee. If the bank account was frozen and you can't make the deposit, you can issue a check in the decedent's name and mail it to his or her address.
My son had power of attorney over his biological grandmother Medical/ financial/estate since around 2012. She recently had a stroke which left her paralyzed on her left side Dr.s told us that only 1 side of her brain was working. Her Grandson has been in prison for about 20years & has life in... View More
answered on Dec 27, 2018
Someone that signs a POA must have mental capacity. Although California law presumes that someone has mental capacity, certainly under these facts there is a doubt as to whether she had the required mental capacity. You can file for a conservatorship or sue to invalidate the POA. Unfortunately,... View More
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