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Questions Answered by Bill Sweeney
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 »

3 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....
Read more »

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.

2 Answers | Asked in Real Estate Law and Probate for California on
Q: My husband of six years passed. Are my step-children entitled to any part of the home he owns?

My husband's intent was to quick deed the home to me, but because of his illness and sudden death, he did not do it. he verbally expressed his wishes to me. There is no will or living trust and my name is not on the deed.

Bill Sweeney
Bill Sweeney answered on May 10, 2019

General Rule: If a husband predeceases a wife with no Will and the husband has more than one natural and/or adopted child the spouse will inherit all of the community property and 1/3 of the deceased's separate property. The natural and/or adopted children inherit, equally, 2/3 of the husband's... Read more »

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1 Answer | Asked in Probate for California on
Q: I hired an attorney for my probate case the only sibling signed off saying she didn't want to be legal representative al
Bill Sweeney
Bill Sweeney answered on May 6, 2019

If you are currently represented you should address your question to your attorney. If not, please restate the question.

2 Answers | Asked in Probate for California on
Q: I lived with my mother in the home she owned when she died. Will I be forced to sell the home to cover estate debts ?

We live in California. The home is the only asset. I am the only heir and it has been my primary residence for years

Bill Sweeney
Bill Sweeney answered on May 6, 2019

You might find information at https://www.sweeneyprobatelaw.com/Articles/Notice-to-Creditors-With-Claims-Against-California-Probate-Estates.shtml helpful.

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2 Answers | Asked in Probate for California on
Q: How do i reject the claims against probate case and can i reject the medical claim ?

No other bill. OnlyMedical claim but its wrong and i want to reject it. Is that allowed or do they get paid whatever they want regardless? I feel if i say theyre wrong im only wasting my time. But its not fair. I am Administrator and this claim is wrong. What is process for this issue is there a... Read more »

Bill Sweeney
Bill Sweeney answered on Apr 18, 2019

If the claim is rejected, creditors may sue the estate to obtain payment, which can cause much delay and expense. Use DE-174.

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1 Answer | Asked in Probate for California on
Q: the administrator of my mom estate has turned down two offers to buy the house. foreclosed can make a claim probate bond

they have done nothing with the bank mortgage co

before probate court tool money out of accounts change things in there name a week after service

Bill Sweeney
Bill Sweeney answered on Apr 13, 2019

In its present form, I am unable to understand your concern. Please restate your question and be more specific on the facts supporting your question.

3 Answers | Asked in Estate Planning and Probate for California on
Q: Do i need to get a court date just to ask probate court to release partial funds from block acct ?

I am Administrator of this estate and I need some money to pay a contractor. I openned court order blocked account where the funds are deposited. While i wait for other issue to be resolved Is it possible to use that money? How do i ask judge?

Bill Sweeney
Bill Sweeney answered on Apr 12, 2019

A blocked account cannot be withdrawn without a court order.

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: how can an administrator get back rent from me when I have never had to paid rent for last 11yrs I have lived here.

my sister is the administrator of our mom's estate. a duplex I live in one unit my mom lived in the other it was never used as a rental property. my sister wants to charge me for the last 3years since my mom died. she wants to deduct the back rent from the money i would get from the sale of the... Read more »

Bill Sweeney
Bill Sweeney answered on Mar 29, 2019

As a general rule when third parties are improperly occupying estate property, the Courts have allowed these persons to be charged monthly use and occupancy, which is like rent. It has been generally recognized that a person occupying estate premises will have to pay a monthly charge for failing... Read more »

1 Answer | Asked in Probate for California on
Q: I hired an attorney to help me contest my grandmother's will On a contingency fee

He went straight for mediation If I had known this I could have paid by the hour he never prepared me for the mediation he never told me I could bring evidence to the mediation He never told me where the mediation was going to be held he never answered his phone I had to find the mediation on my... Read more »

Bill Sweeney
Bill Sweeney answered on Mar 28, 2019

The facts upon which you base your question are quite convoluted. I am not sure anyone could assist you in this forum. If you feel you have been wronged in some way I suggest you seek counsel to review the situation.

1 Answer | Asked in Estate Planning and Probate for California on
Q: Must a successor trustee, now trustee due to grantor’s incapacitation, need to turn a property into a rental property?

Property is currently occupied by grantors daughter rent free. Need to know if the property MUST be turned into a rental according to probate code 16007

Bill Sweeney
Bill Sweeney answered on Mar 22, 2019

Under California Probate Code Section 16007 the trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust. The powers and duties of a trustee are spelled out in the trust instrument. Under California Probate Code Section 16002... Read more »

2 Answers | Asked in Probate for California on
Q: Are there any pro Bono probate lawyer's in Colorado springs
Bill Sweeney
Bill Sweeney answered on Mar 20, 2019

You might try Colorado Legal Services at https://www.coloradolegalservices.org/ to see if they can assist you with your probate matter. Also, you might consider contacting the Colorado Bar Association Find-a-Lawyer https://www.cobar.org/Licensed-Lawyer.

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