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Questions Answered by Marivel Zialcita
4 Answers | Asked in Probate for California on
Q: my dad died previously, now my mom has died, do i need to file 2 probates to put their house in my name,or file joint

my dad died a couple of years ago, my mom recently passed away and we are going to file probate for the ownership of the house. Do i need to file probate separately for each person if the house is the only thing in probate or can it be filed jointly. Both mom and dad were on the title of the... Read more »

Marivel Zialcita
Marivel Zialcita answered on Jul 28, 2017

You will need to create an affidavit of death for your dad and then open a probate for your mother's estate.

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1 Answer | Asked in Probate for California on
Q: My grandma didn't have a will , but she left a personal letter stating her wish. Will the letter stand in court?
Marivel Zialcita
Marivel Zialcita answered on May 2, 2017

Your grandma left what is called a Holographic Will. California Probate Code Section 6111 lays out the requirements of a handwritten holographic will. Whether or not it was witnessed, it is best if the signature and material provisions are in her handwriting, the court must be able to determine the... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Can an attorney withdraw from a client without her consent in California?

My mother's attorney is asking me to send my mother a letter, my mother left the country, I have never had much of a relationship with her and she did not give me her contact information. He keeps harrasing me and I don't know what to tell her. If an attorney has made everything humanly possible to... Read more »

Marivel Zialcita
Marivel Zialcita answered on May 2, 2017

Yes, the attorney can file a Motion to be Relieved as Counsel from the case. The form and content of attorneys’ motions to withdraw are governed by California Rules of Court. The motion must be accompanied by a supporting declaration showing why a substitution of attorneys by consent could not be... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My step father has unclaimed money to chase bank. Recently my mother passed away. The bank is now asking let of autho.

Authority. How do I get this? My mother has a living trust and will. Lawyer did give us a letter but bank will not accept this

Money is less than $50,000 and it's in an IRA account. Myself and my sister are co executors of my moms will. We have given them everything and they are still... Read more »

Marivel Zialcita
Marivel Zialcita answered on Mar 28, 2017

Letters of Authorization are issued through probate proceedings. If the assets sitting outside the living trust (ie not titled in the trust name) cumulatively are over $150,000 then a probate is needed and; therefore, Letters of Administration. If the assets sitting outside the living trust is less... Read more »

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