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 »
Generally, beneficiary designations become active immediately after death and the beneficiary automatically becomes the lawful owner, by operation of law.
I am the only living heir and there is no will. I have petitioned to administer estate.
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.
Taxes are paid until she died
Please refer to https://statelaws.findlaw.com/california-law/california-adverse-possession-laws.html
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
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 »
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 »
Your question might be answered by the article at https://www.sweeneyprobatelaw.com/Articles/WHAT-IF-A-BENEFICIARY-OF-A-WILL-HAS-DIED.shtml
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 »
Please refer to: https://www.sweeneyprobatelaw.com/Articles/My-Spouse-or-Registered-Domestic-Partner-Left-Me-Property-What-Should-I-Do.shtml
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.
With the exception of holographic Wills, a minimum of two witnesses is required. There is no statutory provision for a notarized Will in California.
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.
What are the step in this process?
The principal might consider the following website:
https://eforms.com/power-of-attorney/ca/california-revocation-of-power-of-attorney/
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
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