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Questions Answered by Bill Sweeney
2 Answers | Asked in Probate for California on
Q: I live in California but my deceased mom left property to me who had land in Oregon not moved can probate be done here

I have email with will to me and photos of her death certificate

Bill Sweeney
Bill Sweeney answered on Oct 31, 2019

You might refer to the following on California Domiciliary ancillary probate. https://www.sweeneyprobatelaw.com/Articles/What-Is-An-Ancillary-Probate-In-California.shtml

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1 Answer | Asked in Probate for California on
Q: My father passed a few years ago. Property & bank in Puerto Rico. I live in USA. Can't travel. I want siblings to have
Bill Sweeney
Bill Sweeney answered on Oct 30, 2019

I assume the deceased was also a resident of Puerto Rico? In any event, since all property is located in Puerto Rico I suggest you contact an attorney in Puerto Rico for initial advice.

2 Answers | Asked in Probate for California on
Q: My Uncle died in Nevada, never married, no children. 2 Hospital bills. I am in CA. less $70,000. in bank account.

I paid for his cremation and electric bill. He does not owe anyone else. there is no will.

Bill Sweeney
Bill Sweeney answered on Oct 16, 2019

If you are asking what can be done outside of formal probate please refer to:

https://www.sweeneyprobatelaw.com/Articles/California-Small-Estate-Procedure.shtml.

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3 Answers | Asked in Estate Planning, Civil Rights, Elder Law and Probate for California on
Q: I'm about to sign POAs with my daughter for both health care and asset management. I trust her. But if she dies...

I'm doing estate planning. If she dies, and I become incapacitated, who decides that I am? And how would that decision be made?

Bill Sweeney
Bill Sweeney answered on Oct 11, 2019

I agree with the other attorney that you should seek competent legal advice. It is dangerous to do estate planning on your own if you lack sufficient legal knowledge.

That said, a properly prepared durable power could be either springing (takes effect upon incapacity) or non-springing...
Read more »

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1 Answer | Asked in Probate for California on
Q: California - Real property title transfer verbiage following Order on a Petition to Determine Succession to Real Prop.

Order determined property to be divided equally between 8 siblings and was filed with the recorder's office. Now everyone agrees to allow only sibling living in the city of the where the property is located sole ownership so that the house may be sold.

All other options have been explored... Read more »

Bill Sweeney
Bill Sweeney answered on Oct 7, 2019

I recommend that you seek legal and tax advice before you go forward. In general, if there is a recorded court order distributing real property to a person or persons the recorded order is like a deed and shows ownership of the property to the distributee(s). If the order distributes real property... Read more »

3 Answers | Asked in Estate Planning, Contracts and Probate for California on
Q: Do beneficiaries of a trust have a right to access of the same info as the Trustee/Executor?

My estranged father passed away and left a will & trust stating to divide his estate up equally between his 5 children. None of his children had contact with him for over 15 years. He had a large sum of money piled up in various investments that no one knew about. The Trustee, who is also a... Read more »

Bill Sweeney
Bill Sweeney answered on Oct 3, 2019

As part of the accounting process, the trustee must notify the trust beneficiaries about important information regarding the trust upon the death of the person or persons who created the trust. The notice must identify the persons who created the trust, provide the date when the trust was created,... Read more »

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1 Answer | Asked in Probate for California on
Q: what rights are restored with filing a request for special notice in probate court/conservatorship.

Rights disposed by exparte appl for good cause notice

Bill Sweeney
Bill Sweeney answered on Oct 1, 2019

If you are concerned about special notice in a probate matter you might consult the probate code at:

https://law.justia.com/codes/california/2007/prob/1250-1252.html

1 Answer | Asked in Estate Planning and Probate for California on
Q: What are the requirements to make the power of attorney legitimate in California?
Bill Sweeney
Bill Sweeney answered on Oct 1, 2019

A power of attorney is a legal document that gives someone the power to act on behalf of someone else. In California, the person executing the document is referred to as the “principal” and the person chosen to act on the principal’s behalf is referred to as the “agent” or... Read more »

1 Answer | Asked in Probate and Wrongful Death for California on
Q: can a settlement from a wrongful death MDL be forced into probate 18 years after the persons death?

My husband was killed in a defective car 18 years ago. The case turned into an MDL due to the number of people injured. Now that company is saying our portion of the settlement HAS to be put through probate even though there are only two of us ( his son and wife) that are eligilble to collect any... Read more »

Bill Sweeney
Bill Sweeney answered on Sep 26, 2019

Please refer to my article at: https://www.sweeneyprobatelaw.com/Articles/Understanding-Wrongful-Death-And-Survival-Actions.shtml

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My mom died without a will. I'm a only child have to go through probate for her house.Does my wife have rights to it.
Bill Sweeney
Bill Sweeney answered on Sep 23, 2019

You might refer to: https://www.sweeneyprobatelaw.com/Articles/WHAT-HAPPENS-IF-A-PERSON-DIES-WITHOUT-A-WILL.shtml

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1 Answer | Asked in Probate and Estate Planning for California on
Q: As an ex-spouse I am still named (forms filled out designating) beneficiary of several stock accounts, 2 IRAs

and one sole and separate property. Can I collect on these? Spouse passed in June

Bill Sweeney
Bill Sweeney answered on Sep 17, 2019

With POD and TOD accounts, the account owner names a beneficiary (or beneficiaries) to whom the account assets are to pass when the owner dies. Generally all that is required to get the money or control of the account is for a beneficiary to show the bank manager or the brokerage firm an original... Read more »

2 Answers | Asked in Probate and Estate Planning for California on
Q: My mother inlaw passed away 16 years ago in California and one of her daughter's took possession of the property, is it

To late for my husband to file probate?

Bill Sweeney
Bill Sweeney answered on Sep 7, 2019

If the property was in the sole name of your mother-in-law on her death a testate (with a Will) or intestate (without a Will) probate may be an appropriate course to take. However, the history of ownership and character of the property should first be reviewed to determine who is legally entitled... Read more »

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1 Answer | Asked in Probate for California on
Q: Can I asked my probate lawyer for a minute order. And is if I do is he supposed to give me one
Bill Sweeney
Bill Sweeney answered on Sep 6, 2019

The attorney may not have a copy. However, you can obtain one on your own. For example, in San Diego County, once you have located the case number and the court location, records may be requested:

"On-line when accessing imaged court records for limited case types/locations post 2011....
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2 Answers | Asked in Probate for California on
Q: Marital Trust. How long after Trustee provides accounting to executor can Income Beneficiary's estate sue?

Trustee is sole remainder beneficiary.

Did our own accounting year by year using Trustee's accounting and the tax returns we could get from Trust. Trustee provided fraudulent K-1s to IRS, Beneficiary paid all the taxes of the Trust, but Trust did not pay over $400k of K-1 income (withheld... Read more »

Bill Sweeney
Bill Sweeney answered on Aug 30, 2019

You indicated that the Trustee is the sole remainder beneficiary. Your information is not clear on who was injured financially and in what way. I agree with Ms. Whitehurst that if you believe you have a claim against the trustee you should retain competent counsel to review your claim and whether... Read more »

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1 Answer | Asked in Probate, Business Law and Estate Planning for California on
Q: my 50 50 partner in a c corp passed away in may with no will. her stock shares are going to probate.

in probate, will they simply give away her shares of stock? or will they also valuate the company and demand a payment be made to the new shareholder? he is not a director, manager or majority shareholder in the company.

Bill Sweeney
Bill Sweeney answered on Aug 20, 2019

If valued over $150,000, the share ownership will likely be probated and the shares will likely be distributed to the intestate heirs. You should retain competent counsel to review your situation, including any agreements between the shareholders regarding death of a shareholder.

4 Answers | Asked in Probate for California on
Q: my father died intestate and there are five children no spouse and the assets are under $150,000. need california code §

we are donating things to a museum and they need a letter that states the code that says we inherit automatically as the children . I just want to quote the code but can't find it. and your web site structure requires one to click on numbers to read the code and this system means i could be hunting... Read more »

Bill Sweeney
Bill Sweeney answered on Aug 3, 2019

Please refer to https://www.sweeneyprobatelaw.com/Articles/California-Small-Estate-Procedure.shtml for detail on how to transfer personal property less than $150,000.00 in value as of the date of death.

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2 Answers | Asked in Contracts, Real Estate Law, Elder Law and Probate for California on
Q: my mom left a will she split up the assets to me and my siblingshowever I wasnt told what my part was. My sis my trust

Sis wants to kick me out of the house i thought was mine given in will

Bill Sweeney
Bill Sweeney answered on Aug 2, 2019

If your mother had a valid Will you need to obtain a copy of the Will. The Will may have been lodged with the superior court where your mother resided on her death. If your mother owned real property in her name and not jointly and the real property has a fair market value of more than $150,000 a... Read more »

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4 Answers | Asked in Probate for California on
Q: My mom died and resided in California. She has an account in Ohio I need to close. Total assets 25,000. Probate?

California does not require probate but Ohio does. I'm in California and not sure how to proceed to close her account.

Bill Sweeney
Bill Sweeney answered on Jul 10, 2019

You might contact the account holder or an attorney in Ohio. They/he/she may have an answer for you.

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2 Answers | Asked in Estate Planning and Probate for California on
Q: How do I get my mom's truck when both mother and stepfather have passed away and a friend of his has power of attorney

The truck was my moms registered in her name until after she passed when my stepdad said it goes to me when he buys new truck which he never did before he recently passed away. His friend is claiming he has power of attorney over his stuff even though most was my moms. He made me out to be the bad... Read more »

Bill Sweeney
Bill Sweeney answered on Jun 29, 2019

You might find this website helpful. https://www.dmv.ca.gov/portal/dmv/detail/vr/checklists/probate

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1 Answer | Asked in Probate for California on
Q: I have been receiving a monthly stipend from my mother she passed away 1 day ago my father says now it stops

My mother was kind enough to bestow a monthly stipend upon me with the expectation that I stay out of trouble and I would continue to get the monthly stipend. Needless to say my father was not happy with this arrangement but they have kept there finances separate for there whole marriage except for... Read more »

Bill Sweeney
Bill Sweeney answered on May 10, 2019

As a general rule, property will be distributed pursuant to the deceased person's intent as set forth in a legally enforceable Will.

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