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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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.
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 »
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.
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 »
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 »
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 »
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