It depends. You say she took possession of it. Did she actually legally transfer it to herself in some fashion (trust, deed, probate) or has she just been living there? If not legally transferred to her I would definitely get probate started now. I'd need to look at the deed history to know more.
Depending on the type and value of the assets will determine which type of probate is needed. I have completed about 1,500 probates and would be happy to discuss your options. Feel free to call or email or post more facts like what type of assets, what values, did wife die before dad or after him,...Read more »
The estate is in California. The couple have been married over 15 years. The couple had no children. The wife, who died first almost a year earlier, has living siblings. The husband, who died second, has living cousins. Who would get the house? Obviously, the husband would if still alive, but... Read more »
Sounds like a case where 1/2 will go back to wife's family since death within 15 years and surviving spouse didn't have surviving spouse or issue. I believe it depends on how closely related the cousins are. Read probate code 6402 and 6402.5 very closely.
My Mother passed in mid-July at age 95... Only assets are a Bank account of less than $300 and a 1998 car worth about $500. I'm the only child, age 70... and would like to handle this with as little hassle as possible. We paid final expenses ourselves, and have official 'Certificate of Death'.... Read more »
I am sorry for your loss. 40 days, or more, after death you can do a small estate affidavit with the bank (some banks have their own forms so ask them) and also, 40 days after death, you can do the DMV "transfer without probate" form. Best of luck. -John
Was the property still in parents name or in kids names? If in parents names then sell in their probate. If in kids names then yes probate deceased child’s estate. If under $150k small estate options available. I do probate throughout California if you wish to discuss. My practice is 100% probate...Read more »
My grandmother recently passed, and my sister and I are the named trustees in her will for her estate (we were also her only living relatives). We are currently in the process of selling her home, and we can't seem to find a clear answer as to whether or not our inheritance of her estate will need... Read more »
If the house is not properly deeded into a trust then yes some type of probate court action will be required. If the property is worth under $150k you can utilize quicker procedures but if the property is worth more than $150k in value (no account for mortgage) then a full probate is required. You...Read more »
we are donating things to a museum and they need a letter that states the code that says we inherit automatically as the children . I just want to quote the code but can't find it. and your web site structure requires one to click on numbers to read the code and this system means i could be hunting... Read more »
The laws of intestacy of California (meaning for people dying without a will) start at Probate Code 6400 with 6402 saying assets go to "issue" (or kids). The other code I would point to is California Probate Code 13100 and the following sections which talk about the other $150k requirements. Good...Read more »
I am a beneficiary of an intestate probate case, my sister is administrator and we are estranged-letters were issued on 3/26/19 and the house sold last month. I'm trying to understand the process because my attorney is not really being helpful. I thought the Inventory and Appraisal had to be... Read more »
Yes, pursuant to Probate Code 8800 the inventory should be filed within four months. Since you have an attorney you should talk to them about what options you have for taking advantage of this error by your sister. If your attorney is not as responsive as you think they should be then perhaps you...Read more »
I would start with a California small estate affidavit. That is technically the correct thing to do and most banks (regardless of what state they are in) will honor that. Just google "California small estate affidavit form" and you'll find a free form to use. If the bank rejects that (and some...Read more »
My grandfather passed away now the property is in probate the court have assigned a administrator which is my aunt. If all the heirs decide they do not want any thing to do with the property and want to sign their rights to just one heirs is that possible? My mom is one of this heirs they want to... Read more »
This can be done by assignment in most cases and generally is not a problem at all. There can, theoretically, be gift tax consequences so one should always talk to a lawyer to confirm that is not a problem. Also, in some cases a disclaimer will work which likely does not have tax consequences but...Read more »
The newly appointed trustee of my late mom's trust is unable to open a trust bank account because the order prepared by the attorney for the former trustee names the newly appointed trustee incorrectly (correct last name but incorrect first name) and the check is made out to the newly appointed... Read more »
This is unfortunate but it's probably cheaper to file for an amended order than it is to try to compel the other attorney to do it. I would just have the current trustee's attorney get it done. Beyond that, however, I would try multiple banks first. Usually there is a bank that will be friendly. I...Read more »
he was basically homeless living in his van or one of his cars. he owned two camero's Iroc-z (torn up inside but one runs one is registered in his name the other he never registered and I have no clue who he bought it from), a van (that some broke into and trashed, again not registered and no pink... Read more »
I am sorry for your loss. It sounds like a small estate case (under $150,000) and thus utilizing small estate affidavits is best. Unfortunately you don't get access to the bank or cars until 40 days after death. This all assumes you are not named as beneficiary/POD and/or co/joint owner on the bank...Read more »
If In probate a date of death appraisal by the probate referee is required. If the case is not in probate a date of death appraisal is highly recommended but in certain cases can be avoided. Beyond that there are a lot of issues that an attorney will advise the executor or trustee on. I would...Read more »
Is there a 3rd named in the will? If not, I would think signing a declaration that the other two have died should be sufficient. Shouldn't need to prove with death certificates I wouldn't think. Your petition should then be a petition for probate of a will with will annexed, seeking appointment of...Read more »
Obviously under California law my father is entitled to the funds in the joint bank account because his name is also on it. But if there is no will or the other accounts are not listed in the trust is he also entitled to 100% of the funds in the personal savings and checking accounts?
Mr gaffney gave a good overview of cp and sp. I agree with him. The next question is if the total of the accounts just in his name is more or less than $150,000. For estates worth $150k and less there are small estate affidavit procedures that can be done. Over $150k then a full probate is required.
My husband's intent was to quick deed the home to me, but because of his illness and sudden death, he did not do it. he verbally expressed his wishes to me. There is no will or living trust and my name is not on the deed.
I would say it depends on when and how it was acquired. The oral agreement probably means nothing. Your name not being on title is a presumption that it is your husbands separate property but not the answer. Was it acquired before or during marriage? Was the down payment from his money from work...Read more »
I am sorry for your loss. You will have to go through probate court to clear title and deal with creditors eventually but there might be no rush. However many creditors do not file claims or do not file lawsuits if a claim is rejected. Thus a person in probate can often avoid the creditors. I would...Read more »
Five years after death there is a procedure that can be filed in California to establish death. It’s called presumed death. I think probate code 12400 or so. I have done the procedure once. It’s very rare. I do probate work statewide.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.