3 beneficiaries. 5 homes to be sold. One beneficiary has been living in one of the homes for years. He wants to stay in it and have it not sold by trust. But rent free. How do we make this fair to the other 2 beneficiaries? He wants us to wait on selling it for a few years. Shouldn't he... Read more »
Typically no, the trustee should be collecting rent. A trustee has a fiduciary duty that is owed to all beneficiaries. If all beneficiaries have an interest in all property held in the trust, then rent should be collected at fair market value or the property sold within a reasonable amount of time.... Read more »
I have a relative in the Los Angeles county that recently died without a will. If he doesn't have any spouse, children, or siblings, who can be named Administrator of Estate?
The court supposedly appointed someone who claims to be his half brother, but my deceased relative was never claimed... Read more »
There is a priority of who can serve as administrator. With no children, spouse, or siblings (and I am assuming no parents), it is next of kin. You can petition to remove an administrator as well. Especially if there was fraud involved for relationship.
Generally someone has to file the will with the court and is also required to send all beneficiaries and/or heirs notice of any filings. You can also do a search of records at the courthouse itself.
No, the inventory and appraisal should go to the probate referee first to get the values of all assets listed on attachment 2 and then is submitted to the court once completed in full.
In California USA
You file in the county in which the decedent was a primary resident at the time of the decedent's death.
So what do i do about the bank accts being blocked? The Order does say FULL AUTHORITY to manage UNDER THE ESTATE ACT. Seems contradicting to me. Is this normal? Or is there a step I'm missing to get those bank accts unblocked?
Full Authority really only has to do with real property and gives the administrator the authority to sell real property. Your order might say full authority but in item 5 might refer to blocked accounts which lets you avoid the bond.
THEY CALLED COPS on me! That was my house Im sole owner on title i told cops. They wanted me to show them Grant Deed but how if I didn't have anything on me but my car key! Caretaker and grandma son was saying i have NO RIGHTS BCUZ IM ONLY GRANDDAUGHTER and he is her only living son "NEXT OF KIN" I... Read more »
You need to start with how title is held on the property. This all depends if the house was only in your grandmother's name or if you were on title. If you were on title then it depends how you were on title. If you were not on title then the heirs depend upon the family tree. If the son is your... Read more »
My brother left 3 kids, grandkids, mother. Property joint ownership with wife. Wife not cooperatve with my family. My brother verbally expressed before his passing that his family would be taking care of.
The wife's rights depends on her relationship to the other family members mentioned (are they her kids too?). Also, it depends on whether his assets were community property assets or separate property assets and what the trust says. If the children are adults, they will have more rights as you as a... Read more »
Do siblings get half or does one get all ownership?
Each owner of an IRA gets to choose who the beneficiary is on that account upon the account holder's death. The distribution of the house depends on how they hold title. If in joint tenancy between the siblings then the other would get the entire property upon the first death. If they hold as... Read more »
my parents were divorced but friends they own two houses on the same lot she lived in the front house he in the back she was power of attorney before he died and now she is telling myself, brother and sister she is beneficiary to all his bank accounts and stocks, and cashed all the stocks in and... Read more »
Your dad could have put her as a beneficiary on accounts. It depends on when he would have done that to determine if that would be a valid designation. However, for the real property you probably have more rights if there were no will or trust and only he was on title.
If you are asking how you get on a trust account at a bank, you generally have to be a trustee in order to be on a trust account. There are many different options if the current trustee needs help that an attorney can assist with.
Trust A is generation skipping. Trust B is divided amongst children. Standard HEMS. Otherwise beneficiaries cannot take out money, only what trust generates. Each settlor is deceased, one very recently and he hadn’t been of sound mind for years. Trust was made when tax exempt rate was $600,000.... Read more »
Yes, a trust can be set aside if you can show the court that all beneficiaries agree or that circumstances have changed according to Probate Code Section 15409. The courts are getting tons of these petitions now with the higher exemption and older trusts that planned for a low exemption amount. It... Read more »
My father had no will and the ex-wife want's nothing to do with the property how do I go about getting her name off the title? Do I need to go through probate court? Or what kind of attorney would handle type of situation?
It depends exactly how the deed reads. Most likely it will be pretty straightforward for the ex-wife to get off title as long as she continues to cooperate. If she changes her mind about signing off her interest then you might have to dig a little deeper on the divorce and file documents in... Read more »
The executor/trustee of my mother's trust has not provided an accounting with bill payments, receipts, actions, etc. An accounting with hard numbers was sent after one year and after repeated requests with no back-up. She has ignored all requests. I believe she allowed the real property in the... Read more »
You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking... Read more »
We had no children . She has two siblings . Also one brokerage account about 800K is her separate property.
All other assets either community property or joint tenancy.
If the property truly is separate property you should still have some kind of interest in it assuming there was no estate planning done at all. Most likely her assets will have to be probated and your interest will get sorted out through that process. If all these things apply, then most likely you... Read more »
Recently a friend of my husband and I attempted suicide and is currently in the hospital in the ICU in California. He left suicide notes with his instructions on where he wants his stuff to go. He specifically and verbally declared he doesn't want his parents to get anything. He has been estranged... Read more »
A suicide can serve as a holographic will depending on the context of the note itself. I have had 2 suicide notes that have been held up as valid wills. Unfortunately your husband's rights will most likely be limited as long as he is alive as his parents are still considered his heirs. It all... Read more »
My situation: Wife of 9.5 years passed away due to cancer. We bought property during our marriage, but chose to put the title only under her name, because of credit concern at the time of purchase. We were foolish to think one of us would die so early and did NOT make an official will. I have... Read more »
If title is only under her name but the property was bought during marriage using community property funds then you would most likely be able to file a spousal property petition to get the property transferred. It does not require the full probate procedure, but still some court interaction.
own as owners. Not that his daughter from his 2nd marriage has been taken in payments from renting the house out. She sent a letter to my current address stating that my siblings agreed to give the house which was a false fact since we had no contact with her. What type of lawyer do I contact?
You need a probate or trust administration attorney. If there was no will, then the law says who will get the house and it will have to go through the probate court process to be transferred. It depends on how he held title to the property as well and if someone else was on title with him.
Most likely yes, but you can probably avoid a full probate. There are other options to a full probate that a spouse can file or other heirs depending on the value of the property.
probate? I was made beneficiary of his 401K, and we were joint owners of a condo. Do I list these items anywhere?
No, you only have to list assets that are going through probate. If you held the condo as joint tenants then you should have right of survivorship which means it doesn't have to go through probate. If you were tenants in common then his portion will have to go through probate.
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