My dad died a couple years ago and I just found out he had a trust set up before he died that names me a beneficiary but my stepmom won't give me a copy or tell me anything about it. She has already sold off a lot of his things and I just discovered she sold their home and moved across the... Read more »
I agree with the other attorneys who commented. However, It may be possible that your father created a revocable joint trust with your stepmother that becomes irrevocable only on the stepmother's death. California Probate Code § 16061.7 allows certain persons to obtain a copy of a trust if...Read more »
A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at... Read more »
Generally speaking, inheritance is not subject to tax in California. Therefore, a beneficiary will not have to pay tax on his or her inheritance. However, there may be U.S. estate tax (for probate estate assets in excess $11.58 million dollars in 2020.) In that event, the estate tax is paid out of...Read more »
The priority for the appointment of a personal representative is set forth in §§8461-8469 of the California Probate Code. You might find the answer there. Upon receiving a notice of administration, if an interested individual feels that the personal representative who is to be or has been...Read more »
For example, the decedent is a tenant in common with 2 other people, with 1/3 interest in the house. The house's gross market value is about $400,000, however only 1/3 of that counts towards their estate. So does their estate also include 1/3 of the equity as a separate asset in addition to... Read more »
In probate the "Fair Market Value" of real property is appraised by a probate referee. After 1/1/2020, if the total value of the estate (including the FMV of real property and tangible and intangible personal property) exceeds $166,250 formal probate will likely be required. The appraiser...Read more »
My father left no will. One home was in a trust from my grandparents. His re married wife sold that home and got all the money. The two other homes are listed in my dads name and separate property. Do I need to hire an attorney to make sure I get my fair share in his estate? What do I need to do to... Read more »
The final order for distribution of the estate may contain a provision that states that any later-found assets are to be distributed without requiring a further order from the court. That provision is common in final orders. If that is not the case you will likely need to seek assistance from the...Read more »
My oldest brother was raised by our father as his own from the age of 4, but my father never tried to legally adopt him. He is now an adult and I am wondering what legal rights he has to the inheritance since my father died without a will? We live in California, and my oldest brother has stolen... Read more »
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 »
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 »
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 »
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