My father passed about 5 years ago without leaving a will. My brother and I hired an attorney several months later to handle probate. If I understand the laws of California correctly it would mean that the additional properties my father owned upon passing should have been divided among his spouse... Read more »
You should most definitely talk to a new attorney. Find a highly experienced California probate attorney. It seems odd to keep a duplex vacant during probate. I would rent it out. Probate should take a year or less unless there are some unique factors/reasons for keeping probate open. Typically...Read more »
The key is getting started! Get that ball rolling by filing the initial petition. We usually have the initial documents ready the same day and can be on file in most counties in California within two business days. Feel free to reach out if you want to discuss the particulars.
The PR only has limited authority under the IAEA or they would have handled this another way but both heirs agree that one of them ( heir A) will take ownership of the vehicle and will pay the other ( heir B) half of it’s value once sale of the family home has been completed. The family home is... Read more »
There is not a set order among the kids. Yes another child can contest one of their siblings doing it and then that sibling should also file a competing petition for them or another sibling to serve as the administrator. That would create the contest or competing petition situation. The courts...Read more »
If you think he is still alive then a petition for a temporary conservatorship might work. If you have to reason to think he is dead then a petition for special administration in probate might work. Hard to know based on the facts given. Best of luck finding him and I hope all works out fine!...Read more »
If there are assets, and the will is valid, someone will take it I would think. You should lodge the will in the probate court of the county he resided at death. Happy to chat with you if you contact me. Good luck. -John
I submitted the California Small Estate Affidavit to PayPal with a notary attachment. However, the check was made out in my deceased relative's name only. Which is not how other checks have been made out.
Two banks that I do business with, including Wells Fargo, have declined to... Read more »
I would send it back to PayPal along with a California Small Estate Affidavit (free forms online) filled out by the person who legally is the next of kin (or beneficiary of a will if there is a will). Ask them to re-issue to the correct person or persons. Good luck.
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?
I would say you need to total all the accounts that don't have named beneficiaries on them and see if total is under $166,250. If so, then the small estate affidavits should work. Usually, but not always, they will work regardless of where the banks are. However, some banks will require...Read more »
I would say there are few guarantees in life. It depends on how you are on title (as a joint tenant, sole owner, tenant in common, beneficiary, etc...) and if anybody contests by suggesting undue influence, fraud, mistake, etc.... I am sorry I can't give you a more solid answer than that....Read more »
I'm the executor of my father's estate. He meant to divide his estate into six equal parts, for his five living children and the widow of his one pre-deceased child. He wrote the will without the help of a lawyer, and inadvertently left out his daughter-in-law by referring to her as his... Read more »
My father recently died with no will and no transfer on death deed on his home. Could the mortgage lender sell his mortgaged home before probate is finished ? If they can or do, will the estate receive the sale amount minus outstanding balance ?
Probate does NOT automatically stop a foreclosure so they could foreclose any time.
Generally with a house in probate, if you notify the mortgage company, they will agree to hold off on foreclosing for a few months. If it's a reverse mortgage you need to ask repeatedly. Not sure if...Read more »
As the other attorney stated you do need to put on notice of your initial petition. In my opinion when in doubt send it out! That's my rule of thumb. Over-noticing protects the executor more than under-noticing in my opinion. Good luck.
If the will was written during marriage then I believe you would be omitted from will. If will was written after divorce then it would be valid as to you. It's unclear if you are asking about being executor or beneficiary!? Also, is daughter a minor or an adult? Lastly, will anybody object...Read more »
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