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Questions Answered by Bill Sweeney
2 Answers | Asked in Estate Planning and Probate for California on
Q: in California is it true that all assets get split equally between the beneficiaries without a will?

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 »

Bill Sweeney
Bill Sweeney answered on Feb 27, 2020

Generally, beneficiary designations become active immediately after death and the beneficiary automatically becomes the lawful owner, by operation of law.

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1 Answer | Asked in Probate for California on
Q: Is the waiver of bond necessary when there is only 1 beneficiary?

I am the only living heir and there is no will. I have petitioned to administer estate.

Bill Sweeney
Bill Sweeney answered on Feb 10, 2020

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.

1 Answer | Asked in Real Estate Law and Probate for California on
Q: Theirs an abandoned house for 2 years the lady died that's on the deed she had no kids no known family can I claim the

Taxes are paid until she died

Bill Sweeney
Bill Sweeney answered on Feb 6, 2020

Please refer to https://statelaws.findlaw.com/california-law/california-adverse-possession-laws.html

2 Answers | Asked in Probate for California on
Q: Father lived in Nevada with no assets to distribute in Nevada so probate was never opened, but he owned land in Arkansas

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

Bill Sweeney
Bill Sweeney answered on Jan 24, 2020

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 real... Read more »

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1 Answer | Asked in Probate, Banking and Identity Theft for California on
Q: How can i prove the probate administrator commited fraud for stealing 220k pod account by way of false court order ?
Bill Sweeney
Bill Sweeney answered on Jan 11, 2020

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 »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: brother with two children and sister inherited house from mother in california, brother died who does his share go to?
Bill Sweeney
Bill Sweeney answered on Jan 8, 2020

Your question might be answered by the article at https://www.sweeneyprobatelaw.com/Articles/WHAT-IF-A-BENEFICIARY-OF-A-WILL-HAS-DIED.shtml

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4 Answers | Asked in Estate Planning and Probate for California on
Q: Hello, my sister recently passed away. She was married but bore no children of her own. She did have two step sons that

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 only niece and nephew." I... Read more »

Bill Sweeney
Bill Sweeney answered on Dec 2, 2019

Please refer to: https://www.sweeneyprobatelaw.com/Articles/My-Spouse-or-Registered-Domestic-Partner-Left-Me-Property-What-Should-I-Do.shtml

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2 Answers | Asked in Probate for California on
Q: If I was the beneficiary on late fathers bank account am I responsible to pay off his credit cards?
Bill Sweeney
Bill Sweeney answered on Dec 2, 2019

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.

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2 Answers | Asked in Probate for California on
Q: Can a notary public notarize a will that mentions the credit union the notary public works at.
Bill Sweeney
Bill Sweeney answered on Nov 26, 2019

With the exception of holographic Wills, a minimum of two witnesses is required. There is no statutory provision for a notarized Will in California.

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2 Answers | Asked in Probate for California on
Q: My relative has passed on . Would you direct me where to contact at LA court, to find his last will etc.
Bill Sweeney
Bill Sweeney answered on Nov 25, 2019

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.

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1 Answer | Asked in Probate for California on
Q: What specific forms to file in Fresno County to revoke a power of attorney as a third party?

What are the step in this process?

Bill Sweeney
Bill Sweeney answered on Nov 18, 2019

The principal might consider the following website:

https://eforms.com/power-of-attorney/ca/california-revocation-of-power-of-attorney/

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

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