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Questions Answered by Bill Sweeney
1 Answer | Asked in Probate for California on
Q: Disabled husband admitted ICU, 7 weeks later revokes trust , new will executed 100% assets to daughters, now what?

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 »

Bill Sweeney
Bill Sweeney answered on Oct 16, 2020

I recommend you retain an attorney who can assist you in this contested matter.

2 Answers | Asked in Probate for California on
Q: How do I go against a rejection of my creditor’s claim in California probate court?
Bill Sweeney
Bill Sweeney answered on Aug 1, 2020

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 »

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3 Answers | Asked in Probate for California on
Q: My mom left house equally to me & my sister. My sister died same day as mom. Do i get house or do her kids get half?

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 »

Bill Sweeney
Bill Sweeney answered on May 2, 2020

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 »

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2 Answers | Asked in Estate Planning, Collections and Probate for California on
Q: Is the surviving spouse liable for the deceased spouse's credit card debt if only in the deceased's name?

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.

Bill Sweeney
Bill Sweeney answered on Apr 29, 2020

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 »

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1 Answer | Asked in Real Estate Law, Banking and Probate for California on
Q: I’m the trustee for a special needs trust the beneficiary is my sister inlaw

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 »

Bill Sweeney
Bill Sweeney answered on Apr 28, 2020

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 »

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... 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... 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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