I have email with will to me and photos of her death certificate
You might refer to the following on California Domiciliary ancillary probate. https://www.sweeneyprobatelaw.com/Articles/What-Is-An-Ancillary-Probate-In-California.shtml
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.
I paid for his cremation and electric bill. He does not owe anyone else. there is no will.
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.
I'm doing estate planning. If she dies, and I become incapacitated, who decides that I am? And how would that decision be made?
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 »
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 »
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 »
Rights disposed by exparte appl for good cause notice
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
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 »
Please refer to my article at: https://www.sweeneyprobatelaw.com/Articles/Understanding-Wrongful-Death-And-Survival-Actions.shtml
You might refer to: https://www.sweeneyprobatelaw.com/Articles/WHAT-HAPPENS-IF-A-PERSON-DIES-WITHOUT-A-WILL.shtml
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.
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