You are lodging the will with the Court - not filing for probate. Remember you have to wait 40 days before filing 13100 Small Estate Affidavit with the banks and the collective amounts of all accounts must be less than $116,250 for a death in 2020 and $150,000 for a death in 2019.
If the person is able to sign, then you can have a new power of attorney signed which revokes the prior power of attorney or you can have her sign a revocation of power of attorney only. If she is unable to sign, then you would need a court action or a conservatorship (also a court proceeding)...View More
To become executor, you need to Petition the court in the County where your sister resided at the time of her death. However, you may not need to depending on the amount of the class action award. Check with the attorneys handling the case.
we had a daughter in 1981. I didnt speak or see him for 32 years,until going to my one and only high school reunion. I moved in with him sept 2012. i waited 6 months to become a resident so i could file for divorce from my then husband of 23 years.. I started my divorce and it was final in sept... View More
What happens If a Will goes into probate 9 years after the testator died (because the other co-executors never petitioned to go into probate) but in the meantime one of the beneficiaries passed away. To be more precise, the Will had named four beneficiaries, all who were siblings. But after the... View More
You should contact a lawyer to discuss this and have the will reviewed, however, generally speaking if the will does not provide for a disposition upon a beneficiaries death, then the laws of intestate succession apply and the share goes to the persons closest blood relatives. In this case, that...View More
I just found out last week (10/02/15) via "wage garnishment" that I had been sued by my father (who has been and still is in prison since 1999) and he had won due to a default judgement. I have never been notified or served by anyone. I knew nothing of this case. A day after the first... View More
You need to hire an attorney to file a motion to set aside the judgment based upon your lack of service. You should go to the courthouse and get copies of all of the relevant documents to give to your attorney. Yes, you should be concerned.
A Will named 4 children all as co-executors, but also stated that a remaining child may be executor if a co-executor dies or is unable to perform. So if after 9 years none of the others ever filed the petition for probate, and the one executor that now wishes to carry out the executor duty files a... View More
In California, can an executor petition for Independent Administration when opening probate if its an old will and did not directly state "independent administration" was allowed.. The will states "I authorize my Executor to sell, with or without notice. at either public or private... View More
my grandmother died and left a will all but one named in the will died am I entitled to my mothers share being named as her executor and heir and her being one of the ones who died of my grandmothers heirs?
The answer to this question is: it depends. You need to look at the will and see if there is a survivorship clause. In other words, does it say: all of my assets to my 2 daughters, if they survive me" or something like that. If there is no survivorship clause, then the person's who died...View More
PLEASE I need your help: Mom passed 4 months ago; located in California; hired a lawyer and now working with our fiduciary. The fiduciary is choosing to use his CPA at $250/hr. I want to use my Mom's CPA who's worked with her for the past 30 years @ $75/hr. Are we legally as the... View More
Unfortunately, the fiduciary has the legal authority to choose to work with the fiduciary of their own choosing. However, I have never heard of a CPA only charging $75 per hour. Most CPA's charge a flat fee for filing tax returns rather than charge on an hourly rate.
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