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Questions Answered by Genene N. Dunn
3 Answers | Asked in Probate for California on
Q: I am trying to find a Probate attorney. Unfortunately my boyfriend left a holographic will that names me as executor.

Because he listed so many beneficiaries I am running into a problem finding someone who will take it. What happens then?

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

Typically the amount of beneficiaries listed is not an issue. It depends on the size of the estate and if there is enough assets to fulfill the amount of potential gifts listed in the will as well as your ability to properly contact all the beneficiaries listed as they will all have to be notified... Read more »

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1 Answer | Asked in Probate for California on
Q: I sold my dad's house he left me and all the paperwork been done can I go to court early an ask the judge for the money
Genene N. Dunn
Genene N. Dunn answered on Nov 19, 2020

If the estate has cash, it is possible under the probate code to file an ex parte petition to do a preliminary distribution of up to 50% of the estate. But eventually you will have to do your accounting and petition for final distribution to be able to distribute everything.

2 Answers | Asked in Probate for California on
Q: Grandmother passed in Calif, she had two sons. One (my father) passed away years ago. Does that make me an heir?
Genene N. Dunn
Genene N. Dunn answered on Nov 4, 2020

Yes, if your grandmother did not have a will you and any siblings you might have will take your father's share.

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2 Answers | Asked in Probate for California on
Q: Im a beneficiary of a trust, and never received a copy. How do I find out who the trustee is, and how to contact.

Here's what I was told:

-All my grandmother's assets are to be split between me and my brother.

- funds are not to be available until we reach 25 or start college. (Not sure if it means I get mine at 25, or we both get it when he-the younger sibling. Turns 25)

-Her... Read more »

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

Unfortunately trusts are usually private and usually no public record of their content exists. There are some requirements of the trustee that require notice to be sent to all beneficiaries and heirs and if you are named in the trust you do have a right to a copy of it. I would be curious to know... Read more »

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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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