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I live in California estate in South Carolina. My lawyer is sending me all of the proceeds from a settled case with the home that was caring for my dad when he died. I do not feel that this person is entitled to any money so I plan not to pay him. Can I expect this to be pursued via small claims... View More
answered on Oct 11, 2018
That question is probably best answered by an attorney in South Carolina.
If the estate was in California, then the creditor claim would be handled within the probate matter.
My suggestion is to re-post your question under South Carolina.
They have filed a petition to administer probate with the court and I don't know exactly what to file. I know what to file with the recorder's office.
answered on Oct 9, 2018
Is there both a trust and a probate estate? That's unusual but possible. To remove a trustee of a trust, you would file a petition with the probate court. If you are trying to remove a personal representative of an estate, then again you would file a petition with the probate court.... View More
Doesn't file petions when asked too, she allowed the coadministrator to be on the same Surity as myself without my knowledge. She's very friendly with opposing ATTORNEY & gives her advice on what to do. Allows the coadministrator to stall, doesn't ask for bank statements,... View More
answered on Oct 9, 2018
I would first advise you to have a talk with your attorney to address your concerns.
If you cannot resolve your issues with your attorney, then you are free to fire her and hire another attorney. The file belongs to you and you are entitled to all of the documents in your file.
Any... View More
Also can I file to get back rent from siblings & coadministrator that are currently living in my parents home while house is in probate!!
answered on Oct 5, 2018
Does the attorney represent both of the coadministrators? If so, then the attorney will not be able to file a petition to remove one of her clients, as this would be an actual conflict of interest between the two clients. You would each have to have your own attorney, and the attorney who files a... View More
Unfortunately the coadministrator doesn't want her to sell the house even though she knows her very well. She's just doing this to stall & not comply. Does the judge appoint a realtor? She is just doing whatever it takes to stall the house from getting listed. Can I have her removed... View More
answered on Oct 5, 2018
Any relationship that you have with a realtor or anyone else that you hire must be disclosed to the court and the heirs of the estate. My suggestion is to hire a neutral third party that you do not know as the realtor to sell the house. That way, there is no question about whether you have a... View More
That don't want to move until my parents house gets sold.
answered on Oct 5, 2018
That would be a proper filing for possession of the premises and reasonable rents in an unlawful detainer action. Your probate attorney may or may not be able to handle that for you. You may have to hire an attorney who practices in unlawful detainers (evictions).
She always tries to bypass anything I ask her to do in my interest. She is pretty friendly with the other Attorney & allows this sibling to be on the same bond as myself. I think that is so wrong of her to do that. It's like she's working for the other side
answered on Oct 5, 2018
I would first suggest that you have a talk with your attorney and voice your concerns. If you can't resolve them, then you can fire your attorney and then hire another attorney with a substitution of attorney. The file and trust deposit belong to you, as the client.
I'm the executor of my parents estate, I would like to keep the property how is this possible? My siblings are deceased now I'm contending with their adult children. The attorney says everybody has to agree to put the Deed in my name before I can get a reverse mortgage she said something... View More
answered on Sep 30, 2018
As the executor of the estate, you have a fiduciary duty to act in the best interest of all the heirs. You can petition the court to get a reverse mortgage, but this may not be in the best interest of all the heirs. Nine out of ten times, the executor sells the house because no one wants 1/5 of a... View More
I distributed what my Mothers will states- $500 to grandchild. I have never received back the recipt from my sister. Now my hearing date has notes saying per PC 3400, parent needs to file written assurance. She still refuses to sign anything, or even call back. Is there any way around this so I can... View More
answered on Sep 28, 2018
Instead of a signed receipt, you can submit the canceled check as a proof of payment of the $500.
THERE TRYING TO STOP ME BECAUSE I HAVE TO MUCH EVIDENCE ON HER FOR FRAUD THE LAWYER FILED 2 DAYS AGO WILL THEY GET A HEARING BEFORE MINE
answered on Sep 28, 2018
I'm not clear of your question, but with your causes of action you should have an attorney.
I also want to make sure I have located the correct form. I am one of the named Beneficiaries, along with my brother, of a Revocable Trust, whose sole Trustee is my 83 year-old step-mother. There have been longstanding concerns about her ability to understand her fiduciary responsibilities. An... View More
answered on Sep 28, 2018
The court filing fee is between $450 to $480. You need an attorney for this... it is not a do-it-yourself project.
First Amended Cross-Petition for Elder Abuse was served on September 19.
answered on Sep 28, 2018
When the petition is filed, the court will set a hearing date. You can file an objection at any time before the hearing. Or at the hearing, you can orally object and then the court should give a deadline for you to file written objections.
Go towards those taxes and some improvements but there are 2 owners they are mother and daughter mother will be 50% owner but absentee is she responsible for fire insurance water,trash and if she dies and has debt can the house be taken and where will that leave me
answered on Sep 12, 2018
The owners of the property are responsible for the costs of fire insurance and utilities unless those costs are agreed to be paid by the tenant. If any of the owners have a debt, then that debt can attach to their proportional interest in the property.
employer says all monies have been paid and sent to the estate but cant or wont tell me who, what, where nor the circumstances for the release.
answered on Sep 10, 2018
You can find out if there was a probate case filed in the county where the decedent lived when he or she died. If the decedent named a beneficiary for the account, and you're not the beneficiary or the personal representative of the estate, then the employer is not obligated to tell you who... View More
HOW DO I HAVE THE EXAMINERS VERIFIED DOCUMENTS. ITS ALL BEEN FILED INTO THE CASE.
answered on Sep 4, 2018
When you file a verified petition with the probate court, the probate court sets a hearing on your petition. The probate examiners will review the petition prior to your hearing. You would check the probate notes a couple of weeks before the hearing to check on whether there is anything else... View More
I was a live in caregiver for 5 years. I got weekly checks in various amounts, $50.00 - $200.00. No taxes were claimed or reported. I was told many times that I would be "taken care of" in his will. After he passed I found out that I was not mentioned in his wll
answered on Aug 29, 2018
Yes, you can sue the estate for back wages. You'll have up to one year from the date of death to file your lawsuit.
This is an absurd situation, because her personal account was SUPPOSED to be used to pay her bills (she lived at the CA Veterans Home). They also froze an account payable to my son upon her death. They are trying to force this to probate, even though we agreed to pay them, if they would unfreeze... View More
answered on Aug 29, 2018
You'll have to file a probate petition to be appointed as the administrator of her estate in order to obtain the funds and pay the bills. Any funds left over would go to her heirs.
Is this allowed by a PoA ? My mother had me designated as DPA in 2013, however when my mom went to live with my sister, my sis changed the PoA . She also had my mother remove me from her trust, and gave all remaining assets to her per her request. I was assigned as DPA in a previous document... View More
answered on Aug 28, 2018
You don't have the legal standing to sue on any change of the trust while your mother is living. You will have to sue your sister after your mother passes for elder abuse, undue influence, or any other causes of action that you may have.
I've been a live in caregiver for over 5 years. It was an informal arrangement with no pay two years ago he started to give me $200 a week he has passed away and now I'm sure the home will be sold and I will be homeless and penniless do I have a case against his estate and should I file unemployment
answered on Aug 28, 2018
If you are owed money from the estate, then you will have to file a creditor claim if there is a probate case filed. Or, you'll have to bring a lawsuit within one year of the date of death.
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