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... View More

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.

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... View More

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.

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... View More

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... View More

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... View More

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.

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.

If the property was community property then it is possible that it all goes to his wife. You may have only gotten notice because you are an heir.

There are certain things a personal representative can do without court involvement. It also depends on what kind of authority was granted to the personal representative. However, the personal representative will have to answer for everything they did at the end of the process when the accounting... View More

You would have to explain better what documents were done on the title to the house. You would want to look at the entire chain of title and compare to the trust documents. If there is real property you should have a right to see any trust or will of your parents' that existed.

For a trust, a trustee is required to do a full accounting for all beneficiaries. However, this is usually not due until 1 year after date of death. There are other things that can be provided by reasonable request by a beneficiary.

There is no notarization required. They simply sign the objection or consent. Or, if nothing it signed it is presumed as a consent

You should be getting an explanation for why your petition is getting rejected. I have never seen a petition get rejected because of the bond waiver. I would guess your petition has missing information and/or unchecked boxes or inconsistencies.

A power of attorney becomes invalid when the principal dies. Therefore, the power of attorney typically has nothing to do with a will and does not matter after someone has passed away. However, it does depend on what they are asserting and why they claim they are entitled to a copy of it.

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.... View 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.