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Questions Answered by Richard Samuel Price
2 Answers | Asked in Probate for California on
Q: Is it legal to just add someone onto a legal binding contract for a wrongful death lawsuit

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

Richard Samuel Price
Richard Samuel Price
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

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1 Answer | Asked in Civil Litigation and Probate for California on
Q: Can I object to part of a request for production of documents on grounds that demanding party already has access?

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

Richard Samuel Price
Richard Samuel Price
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.

1 Answer | Asked in Probate for California on
Q: How do i find out about inheritdeine if i was left any thinby my mother
Richard Samuel Price
Richard Samuel Price
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

1 Answer | Asked in Probate for California on
Q: how to avoid probate

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

Richard Samuel Price
Richard Samuel Price
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

2 Answers | Asked in Criminal Law and Probate for California on
Q: What do I need to fill out in CA in order to fill out a form to delay probate?

My mom was defrauded.

Richard Samuel Price
Richard Samuel Price
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.

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1 Answer | Asked in Family Law and Probate for California on
Q: My brother passed away in California and his bio mother whom he hasn’t seen since 3 is in Iran what are my rights?

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

Richard Samuel Price
Richard Samuel Price
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

1 Answer | Asked in Probate for California on
Q: Why would my grandfather's attorney send me a copy of the will? They asked for my address and mentioned a petition.
Richard Samuel Price
Richard Samuel Price
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.

1 Answer | Asked in Probate and Estate Planning for California on
Q: Trustee made final distributions to beneficiaries and stopped payment on my check. Do I have recourse with the bank?

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

Richard Samuel Price
Richard Samuel Price
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

1 Answer | Asked in Probate for California on
Q: My Exes Mom Died and the estate is in probate, Can he disclaim his inheritance and avoid paying back child support?

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.

Richard Samuel Price
Richard Samuel Price
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.

2 Answers | Asked in Child Support, Estate Planning and Probate for California on
Q: My Exes Mom Died and the estate is in probate, Can he disclaim his inheritance and avoid paying back child support?

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

Richard Samuel Price
Richard Samuel Price
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.

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1 Answer | Asked in Probate for California on
Q: If the money withheld after distribution of an estate for a possible tax audit is not released in 4 years, is it legal?

It was a three year commitment.

Richard Samuel Price
Richard Samuel Price
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

1 Answer | Asked in Probate for California on
Q: Can you file a petiton to administer the estate, if the deceased had a last will, and a beneficiary on the bank account?

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

Richard Samuel Price
Richard Samuel Price
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

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and White Collar Crime for California on
Q: How much time i have to make an objection to a probate case?My attorney did not object or challenge probate.Why cant he?

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

Richard Samuel Price
Richard Samuel Price
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.

1 Answer | Asked in Probate for California on
Q: My sister has collected moms retirement , life insurance policy , and kept all of her belongings. She has ignored

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.

Richard Samuel Price
Richard Samuel Price
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

1 Answer | Asked in Estate Planning and Probate for California on
Q: My father died 2 months ago. How can find if he had any will or life insurance. I know he had an annuity. What can I do

I don't know where to start. I am my fathers only son.

Richard Samuel Price
Richard Samuel Price
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...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: Sister's longtime boyfriend 25 + years just passed. No will, no immediate family.

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

Richard Samuel Price
Richard Samuel Price
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....
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1 Answer | Asked in Probate for California on
Q: My brother wants me to sign over our Dads house and make payments. Do I wait until all payments are made before I sign?
Richard Samuel Price
Richard Samuel Price
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.

1 Answer | Asked in Probate for California on
Q: I son just passed the mortuary gave my son's remains to one of his old friends they are not even family .I filled out an

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

Richard Samuel Price
Richard Samuel Price
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

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for California on
Q: Do we have any rights to his vehicles not in her name? What are we to do with his fire arms?
Richard Samuel Price
Richard Samuel Price
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...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: Search for death notice Probate
Richard Samuel Price
Richard Samuel Price
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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