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Questions Answered by Genene N. Dunn
3 Answers | Asked in Probate for California on
Q: Brother lived/died in Ca. Had bank accts in Ca<$166k & NJ about $90K +small IRA. Is small estate w/o admin only needed?

I am only sibling, he was never married/no children. Our parents died. No will. Will I qualify for Small Estate in Ca? Will NJ honor determination? Or will I need administration? Get it here or there? Do I have to travel to NJ?

Genene N. Dunn
Genene N. Dunn answered on Sep 21, 2020

I agree with Mr. Palley. The value should be calculated by all accounts your brother owned, not just ones in California. However, the small estate affidavit is a CA law and you might be hard pressed to get a bank in NJ to follow that law. There may be a different process for assets in NJ.

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3 Answers | Asked in Probate for California on
Q: in CA, do i still have to do probate if all my grandma owned was her home? im on the deed already
Genene N. Dunn
Genene N. Dunn answered on Sep 18, 2020

It depends exactly how you are on the deed. If you are named as joint tenants then most likely you will not need to go through probate. If it says anything besides joint tenants then you might need probate.

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2 Answers | Asked in Probate for California on
Q: Can you file a Heggstad Petition without being in probate or filing Petition for Probate with court?
Genene N. Dunn
Genene N. Dunn answered on Sep 3, 2020

Yes, a Heggstad Petition is a trust petition and does not require an estate to be opened to file. The trustee typically files the petition and has standing as the trustee to file in the county where the trust is being administered

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3 Answers | Asked in Probate for California on
Q: In CA, husband’s will listed alternate heirs if the spouse does not survive him. She did. Must I list these alternates

in my petition to probate even though they do not inherit anything because spouse is still surviving?

Genene N. Dunn
Genene N. Dunn answered on Aug 27, 2020

Yes, notice still needs to be sent to all persons named in a will.

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2 Answers | Asked in Probate for California on
Q: My mother added my brother as owner of her property. Does it go to him at her death?

My mother passed. Recently she added my brother as joint owner of her property as I confirmed with the county assessor. I am not sure if they contacted the mortgage lender to add him on the loan as he is unemployed and I doubt would qualify. If there is no will or trust does the entire property go... Read more »

Genene N. Dunn
Genene N. Dunn answered on Aug 25, 2020

If title is held as joint tenants then he gets the entire property. The loan doesn't matter for who inherits, it is title that rules. If title does not specify that they hold the property as joint tenants then it most likely will be 50/50 and you would share in your mother's half.

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3 Answers | Asked in Estate Planning for California on
Q: Gma died my father passed away before her and my dad was only son and I am only child. Can I get my dads portion?

I have 4 aunts which got a large portion and I got 10,000 out of hundreds of thousands

Genene N. Dunn
Genene N. Dunn answered on Jul 30, 2020

The biggest question is did your grandmother have a will or trust? If so, the answer lies there. Also, if you dad was the only child of this grandmother who are the aunts? If there are aunts then I would assume they are also children of the grandmother and they would have a right to the estate as... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Grandpa passed away 14 days ago, he was a widow. Uncle now says everything is his & demands access to our house. Can he?

My mother also passed away approx 8 years ago. We've been living with grandfather for last 5 years. He's only be gone for 14 days, we haven't even had the funeral. Uncle keeps just showing up whenever he wants to our house. I woke up to him asleep in his car in our driveway yesterday morning.

Genene N. Dunn
Genene N. Dunn answered on Jul 29, 2020

It depends on if there was a will or trust for your grandfather that gave everything to your uncle or if your uncle was on title. If any of those are true then it is possible that it will eventually be all his, but if you have lived there for 5 years you have rights as a tenant, even if you do not... Read more »

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4 Answers | Asked in Estate Planning for California on
Q: My brother lives with my elderly mother. She would like a letter stating he has to vacate the house in a certain time.

This would be after her passing.

Genene N. Dunn
Genene N. Dunn answered on Jul 14, 2020

I typically put a provision like this in the person's trust. Your mom should get a trust done and add this provision to her trust and make sure the property is owned in the trust.

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3 Answers | Asked in Probate for California on
Q: my aunt put me on the deed to her house she passed away and didnt have a will do i need to go throuqh probate
Genene N. Dunn
Genene N. Dunn answered on Jul 13, 2020

It depends how you are on the deed. If it names you both as joint tenants then no probate should be necessary. If there is no survivorship clause of some kind on the deed, then you possibly will have to put her part through probate.

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3 Answers | Asked in Estate Planning for California on
Q: There are two executors for my family's estate, one of them is dragging the situation.

Executor 1 is billing the estate whenever she is taking flights and purchasing other things. The whole family can not see how much she is charging the estate. The attorney for the estate is really only working with her and not to the wishes of our relative who has passed. Executor 2 is being kept... Read more »

Genene N. Dunn
Genene N. Dunn answered on Jul 1, 2020

The beneficiaries are absolutely entitled to an accounting. If the executor is not giving information on funds you can demand an accounting and if one is not presented or if the trustee is causing the administration to stall then a beneficiary or cotrustee can petition the court to remove the... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Hello my brother just past away. It was just me and him as children of our parents

Hello my brother just passed away we were the only 2 children. My parents passed away with no will before my brother passed away we had an attorney start a probate to divide my parents been property between us 2 but my brother passed before it was completed still in process. Now do I divide it with... Read more »

Genene N. Dunn
Genene N. Dunn answered on Jun 29, 2020

You will have to petition to take over your parents' estate. Then their estate will distribute your brother's share to his estate since he survived his parents. The there would have to be a probate for your brother's estate that would go to his children assuming he was not married.

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3 Answers | Asked in Estate Planning for California on
Q: How can my mother can remove her husband as executor for her individual trust and designate me instead?

My mother has had her husband (my stepfather) as the executor to her individual trust for 30 years, but due to his dementia he is unable to handle the responsibility after her death. When I use the word executor I'm referring to the person who will manage my mom's trust and assets after... Read more »

Genene N. Dunn
Genene N. Dunn answered on Jun 23, 2020

It depends on if it is just her trust or her trust and his trust. If it is their trust together then they probably need to do an amendment if they have the capacity to do so. Also, they can just sign a resignation of trustee if they have the capacity to do so. If they do not have capacity, then you... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: In which California county do I file the Affidavit of Death of Trustee?

My dad's living trust was created in San Mateo county, and one piece of real estate in the trust is in San Francisco county. My dad passed away and I am the trustee and I live in Sacramento county.

Genene N. Dunn
Genene N. Dunn answered on Jun 16, 2020

You would record the affidavit of death in San Mateo county where the property is. You do not have to file it with the court if the deed was in the trust and you are only filing an affidavit of death. That gets recorded with the county recorder.

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3 Answers | Asked in Estate Planning for California on
Q: What happens when some of the executors of a will/trust do not distribute money in accordance to the will/trust?

What happens if executors do not follow the wishes of the deceased that was clearly laid out in the will / trust? Meaning some folks got less when the will / trust clearly stated all to be divided equally.

Help me please

Thank you

Genene N. Dunn
Genene N. Dunn answered on Jun 15, 2020

All beneficiaries have a right to a full accounting which should show all assets and values held by the trust or estate, all money that came in, and all money that went out. If the accounting shows a disparity then you can file a petition against the trustee or object to the accounting. You can... Read more »

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3 Answers | Asked in Probate for California on
Q: Dad left house to me & my brother. My brother died & my my dad died 1 week later. Do i get the house or split w his son?

My dad did leave my brothers son money. But the house was instructed specifically to me and my brother to split but my dad died just one week after my brother and didn’t have time to amend the will. He said the house is all mine? Does my nephew have claim to the house?

Genene N. Dunn
Genene N. Dunn answered on May 4, 2020

This all is determined by what the will says. It should say what happens if a beneficiary predeceases the decedent. It might also have a survivorship requirement in it.

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2 Answers | Asked in Probate for California on
Q: My grandmother passed away over a year ago and my mother didn't put the estate through probate and she recently passed

My grandma's will says if her children are deceased the home goes to her grandchildren but my mom's husband is tying to take the house. My mom never put the house in her name... will me and my siblings inherit the home or does he have rights?

Genene N. Dunn
Genene N. Dunn answered on Mar 30, 2020

Even though your mother has passed, she still survived your grandmother. This means that your grandmother's assets would go to your mother's estate. However, inheritance is considered separate property and should not automatically go to your mother's husband. He might get a portion... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: It's been over 11 years since our attorney started probate, but he won't finish. What remedy do I have? Trapped in CA.

It appears that he has completed almost all the steps, but won't complete the petition for distribution.

Genene N. Dunn
Genene N. Dunn answered on Mar 16, 2020

You should be able to terminate the representation and get a new lawyer. Or get a new lawyer on your own and that lawyer could ask your previous attorney to sign a substitution of attorney. If it has been 11 years then I highly doubt your current attorney even wants to keep the case and would... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for California on
Q: Per California law, does my sister have to complete an advance directive at the same time she signs a power of attorney?

My sister is in a skilled nursing facility for rehabilitation due to a stroke she had in July 2019. I've been trying to work with the nursing home to have her sign a power of attorney. The administrator of the facility is telling me she has to do both a power of attorney and an advance... Read more »

Genene N. Dunn
Genene N. Dunn answered on Feb 24, 2020

You are not required to get both signed. However, an advance healthcare directive is the document that will give someone the authority to handle the medical affairs of another. It could be that the nursing facility is looking for authority from a family member to discuss the details of your... Read more »

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3 Answers | Asked in Probate for California on
Q: Have a question about probate

My parents died without a will they had a house in their name children was just me and my brother he just passed. We started probate but didn't get to complete it and put house in mine and my brothers name yet. He is survived by a wife he hasn't been with for 15 years and 2 children? He... Read more »

Genene N. Dunn
Genene N. Dunn answered on Feb 20, 2020

Since he survived your parents, his share will most likely go to his estate. It should not affect your parents' probate as you will distribute to his estate rather than him. However, someone will need to open probate for his estate to be able to receive the inheritance from your parents' probate.

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1 Answer | Asked in Probate for California on
Q: How to know if a probate and willl are reall

I have the both copys of the will and the probate and the bank can some one help me

Genene N. Dunn
Genene N. Dunn answered on Feb 18, 2020

If you are talking about probate forms needed for the bank to approve, then you most likely need a certified copy of your letters. It depends what you are trying to do.

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