You file in the county in which the decedent was a primary resident at the time of the decedent's death.

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.

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... View More

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... View More

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... View 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.

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... View More

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... View 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... View More

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... View 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... View 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.

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.

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.

In California, all beneficiaries have a right to a copy of a trust once it becomes irrevocable. She cannot deny a copy of the trust. It is a bit complicated since your children are minors, but if taken to court there is no judge who would not require a copy of the trust to be provided.

If there was only a will and no trust and there was real property involved then most likely the executor would have to get appointed by the court before they would have the proper authority to sell the property. If there was a trust then there might not be a required court process. In any event,... View More

The trustee must act according to the terms of the trust. Absent anything in writing, the trustee cannot honor what was verbally stated before grantors life.

You can submit the will to probate and the family would have to fight it.