I signed a contract to file a wrongful death lawsuit they needed a will . our blood relation came into question so my daughter had it and they never added her to my contract she was only on the settlement agreement which we both had to sign off to receive the money she received the money I got zero... View More
answered on Dec 21, 2018
Just because you signed a contract doesn't automatically mean that you are entitled to any award from a wrongful death lawsuit. Who was the plaintiff in the lawsuit? How are you related to the person that died? Is your daughter a minor? Did you sign in your capacity as the parent of a... View More
My brother is 1 of 3 petitioner's in an order to confirm validity in which I am respondent. He and another petitioner filed a case against me in 2016/2017. They are requesting "copies of all pleadings and orders" from that case and "all exhibits presented at any hearing" of... View More
answered on Dec 19, 2018
Are you representing yourself in this matter? Yes, you can object that the documents are public record which are equally available to, or in the possession of, the asking party.
answered on Dec 14, 2018
You would look through her important documents to see if she had a will. Even if she didn't have a will, then you may still be entitled to an inheritance. You could check the county probate court to see if a probate action was initiated for her estate. Was she married when she passed? Did... View More
I have terminal COPD; only income S.S.; only possession of value a 45 yr. old mobilehome on a rented space; no savings, stocks, etc.; want what little I have to go to charities. Can I just write a simple will myself that is free from probate or any other problems that would preclude the... View More
answered on Dec 10, 2018
Yes, you can write a simple will. If it is typewritten, then you must have two witnesses watch you sign and then sign themselves. You can go to a stationary store and get a pre-printed will. If your mobilehome is registered with the Department of Housing and Community Development, then it does... View More
My mom was defrauded.
answered on Dec 10, 2018
I don't follow what you're trying to delay? Do you mean that someone has filed a probate matter? What you do to "delay" would depend on the reason. There are no forms for a delay. You'll have to call an attorney.
Coroner won’t release my brother to me until they’ve tried locating his mother in another country this is so wrong a person whose never seen him since 3. I cannot get his belongings anything until this matter clears it is not right
answered on Dec 9, 2018
Unfortunately, if your brother did not have an advance health care directive or will that would have given you the right to dispose of his remains, then the first person with that right would be his surviving spouse, followed by his children, then his parents. Until the mother can't be found... View More
answered on Nov 29, 2018
The original will should be lodged with the court, and a copy given to each person named in the will. You must have an interest in the estate.
Trustee distributed all assets 3 days after replying to my objection/deny of accounting. I proved in mediation she provided fraudulent doc to trust council and was told to return funds. She refuses claiming it’s for her defense, she demands I sign a waiver/release if I want my gift. Can I... View More
answered on Nov 26, 2018
You should be discussing this with your attorney. You mentioned mediaiton, have you already signed a settlement agreement? If so, you should be able to enforce the settlement agreement with a motion before the court. You can file a declaration with the court regarding the stop-payment on the... View More
He Owes back Child support for over 14 yrs, has never made a payment, and I have a court order and audit from child support services proving that he owes.
There is over 170k in liquid assets in the estate.
answered on Nov 13, 2018
Yes, he can disclaim his inheritance and he would then be treated as if he had predeceased his mother. The inheritance would then to go whoever would take if he had died before his mother.
He Owes back Child support for over 14 yrs, has never made a payment, and I have a court order and audit from child support services proving that he owes.
I also have proof that he has in fact benefited from the estate after he signed the disclaimer
There Was NO WILL left by his... View More
answered on Nov 13, 2018
Yes, he can disclaim his inheritance and he would then be treated as if he had predeceased his mother. The inheritance would then to go whoever would take if he had died before his mother.
It was a three year commitment.
answered on Nov 8, 2018
Some courts allow the personal representative to keep a small reserve (up to $1,500) after an order for final distribution and not have to account for the funds to the court. Any funds in excess of that amount must be accounted for to the court and beneficiaries. You can request information from... View More
Grandmother passed away- left a final will declairing two of her daughters in charge of properly disposing of and distributing her assets, and left all assets to one. One daughter was also the beneficiary on her bank account. Third sister not listed in the will has requested to file a petition to... View More
answered on Nov 6, 2018
Anyone with an interest in the estate can file a petition for probate. If the will is valid and nominates an executor, then that nominated person has the first priority to be the executor. No, there is no lawsuit to bring because someone would miss work. You can hire an attorney to appear for... View More
Title to my property was changed without my knowledge. Now my home is part of a probate court case and worse, it got sold! This was done fraudulently. I never transferred title over to anybody yet a Deed was recorded and signature looks like mine. But im certain that Notary does not have my... View More
answered on Nov 3, 2018
If the house is yours, and not in the estate, then you would have to bring a petition under Probate Code section 850 to challenge the title to the property. Discuss this with your attorney.
And blocked my number , and has voiced her own opinion about money over family. It's 5 of us , me being the youngest , her the oldest. My dad passed away 8 months after my mother, and I feel she is practically getting away with stealing and taking advantage of a situation.
answered on Oct 31, 2018
For a retirement account and life insurance, your mother could have named your sister as the beneficiary of those accounts. If you think that your sister somehow made your mother change the beneficiary to her, instead of equally to all her children, then you may have to sue your sister to... View More
I don't know where to start. I am my fathers only son.
answered on Oct 31, 2018
You can look in his important paperwork or bank safe deposit box for a will, but a will is not required. If your father was not married when he died and you're his only child, then you would be the sole heir to his estate.
You would look through his important paperwork or mail to see... View More
They both own homes a mile from each other, though he lives at hers. His parents and only sibling are dead. He never married, no children and was 58 years old. They have a credit card in both names but that's it. What can she do? His house is worth approximately $750,000, he's got four... View More
answered on Oct 29, 2018
Unfortunately, she is not an heir to his estate. There is no common law marriage in California, and under the Probate Code, either they are married or they are not.
The best that she can do is file an 850 petition to determine her ownership of half of the assets with a Marvin case.... View More
answered on Oct 25, 2018
Is there an open probate matter for your dad's estate? You should have an attorney review the agreement before you sign anything. Contact an attorney for a full consutlation.
I filled out and signed all paperwork myself his mother the mortuary spoke to the person that has his remains and they said that they will return them but never did give him a date or time so I'm supposed to sit around and wait until the end of the month that's not right is there anything... View More
answered on Oct 17, 2018
Did your son leave a will, advance health care directive, or any other written document that gave his friend the authority to dispose of his remains? If so, then he would have the ability to do with the remains as instructed. If not, then you can petition the probate court for the friend to give... View More
answered on Oct 12, 2018
You may need a probate matter, depending on what other assets that the decedent owned and their value.
If vehicles were in the name of the decedent, then you can transfer those to the heirs through the Department of Motor Vehicles.
Firearms should be either sold by a licensed... View More
answered on Oct 12, 2018
Are you searching to determine if a probate action has been filed? Your best bet is to check with the probate court clerk in the county where the decedent lived.
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