and one sole and separate property. Can I collect on these? Spouse passed in June
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 »
To late for my husband to file probate?
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 »
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 »
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 »
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.
Sis wants to kick me out of the house i thought was mine given in will
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 »
California does not require probate but Ohio does. I'm in California and not sure how to proceed to close her account.
You might contact the account holder or an attorney in Ohio. They/he/she may have an answer for you.
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 »
You might find this website helpful. https://www.dmv.ca.gov/portal/dmv/detail/vr/checklists/probate
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 »
As a general rule, property will be distributed pursuant to the deceased person's intent as set forth in a legally enforceable Will.
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.
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 »
If you are currently represented you should address your question to your attorney. If not, please restate the question.
We live in California. The home is the only asset. I am the only heir and it has been my primary residence for years
You might find information at https://www.sweeneyprobatelaw.com/Articles/Notice-to-Creditors-With-Claims-Against-California-Probate-Estates.shtml helpful.
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 »
If the claim is rejected, creditors may sue the estate to obtain payment, which can cause much delay and expense. Use DE-174.
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
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.
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?
A blocked account cannot be withdrawn without a court order.
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 »
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 »
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 »
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.
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
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 »
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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