Husband and I had a trust, he was receiving SSDI for impaired memory due to stroke. Our daughter was able to manipulate him and acquired POA medical and legal. after 7 weeks fighting pneumonia in hospital dies. The day after his death, I get a certified letter he had revoked our trust, and one... Read more »
I recommend you retain an attorney who can assist you in this contested matter.
If your claim was rejected by the personal representative, you may bring a civil action on the claim. To preserve you creditor rights, you must file suit within 90 days of the later of the date the notice of rejection is given or the date the claim became due. The procedure is summarized on the... Read more »
Mom has a will leaving both myself and my sister equally 50/50 her house. But my sister and mom both died on the same day. Do i inherit the entire house or is my sisters husband or kids entitled to half of the house? My aunt was assigned the executor of the will. The grandkids were left specific... Read more »
We do not have enough information to determine who will inherit the house. For example, you mentioned that your mother and sister died on the same day. We would need to know which one survived the other. If survival cannot be determined, the probate code can provide the answer depending on the... Read more »
If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.
California is a community-property state. Therefore, property and debts acquired after the date of marriage and before the death of the spouse are community property and usually community debts. Creditors may be able to enforce and collect a community debt against your late husband’s estate or... Read more »
I am trustee my husband is co trustee of his mothers trust and each share one half the sisters half will be a 3 party SNT FOR 21 years she was not on ssi age 37, she suffered from depression and her mom was worried and wanted to make sure she would qualify for assistance. I am the executor /... Read more »
A California special needs trust that has been validly created avoids probate. Pursuant to the provisions of the special needs trust, a trustee has a fiduciary responsibility for the management of trust assets. A breach of that responsibility can create liability for the trustee. If the special... Read more »
a parent recently passed away unexpectedly and they never got around to updating their pension, retirement accounts or will. The Will that we had was “dismissed” so that all of the children get equal shares however nothing was said about his pension which (because it was created so long ago)... Read more »
Generally, beneficiary designations become active immediately after death and the beneficiary automatically becomes the lawful owner, by operation of law.
I am the only living heir and there is no will. I have petitioned to administer estate.
You should refer to the information contained on the applicable form: DE-142/DE-111(A-3e); Waiver of Bond by Heir or Beneficiary (Probate - Decedents Estates). The form can be found online.
Taxes are paid until she died
Please refer to https://statelaws.findlaw.com/california-law/california-adverse-possession-laws.html
Can I open probate in Arkansas if it was never opened in Nevada? I have his Will which designates me as executor of all assets. The land is worth less than 25k
I agree with Mr. Berge in that you should contact an attorney in Arkansas. If a small estate procedure is not available, since your father was not domiciled in Arkansas on the date of his death, you should inquire about the ancillary probate rules applicable to a non-domiciliary's ownership of... Read more »
Owners of bank accounts can designate beneficiaries by adding a "payable-on-death" (POD) designation. At the death of the account holder the POD beneficiary can claim the money directly from the bank without probate court proceedings. Similarly, owners of investment accounts can designate... Read more »
Your question might be answered by the article at https://www.sweeneyprobatelaw.com/Articles/WHAT-IF-A-BENEFICIARY-OF-A-WILL-HAS-DIED.shtml
she helped raise. I am trying to find out if she had a will. My question is this...does her part of her "estate" automatically go to her husband with or without a will? She had mentioned to me that she had intended to leave her "half" of her property to my children "her... Read more »
Please refer to: https://www.sweeneyprobatelaw.com/Articles/My-Spouse-or-Registered-Domestic-Partner-Left-Me-Property-What-Should-I-Do.shtml
Assets that pass directly to heirs often don’t have to be used to pay the estate’s debts. These assets can include “pay on death” bank accounts, life insurance policies, retirement plans and other accounts that name beneficiaries, as long as the beneficiary isn’t the estate.
With the exception of holographic Wills, a minimum of two witnesses is required. There is no statutory provision for a notarized Will in California.
California law requires anyone who holds the original Will of a deceased person to file the Will with the court clerk of the County where the decedent resided.
What are the step in this process?
The principal might consider the following website:
https://eforms.com/power-of-attorney/ca/california-revocation-of-power-of-attorney/
I have email with will to me and photos of her death certificate
You might refer to the following on California Domiciliary ancillary probate. https://www.sweeneyprobatelaw.com/Articles/What-Is-An-Ancillary-Probate-In-California.shtml
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.
I paid for his cremation and electric bill. He does not owe anyone else. there is no will.
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.
I'm doing estate planning. If she dies, and I become incapacitated, who decides that I am? And how would that decision be made?
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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