My uncle passed just after new years 2023. in 2021 he did a hand written will which he had 2 people witness and sign. He stated that all his property was to go to his nephew. The only thing that needs to be addressed is the mobile home they both lived in, his nephew does not want to sell, there... Read more »
answered on May 31, 2023
I believe mobile homes are exempt from the normal probate rules and dollar limits. If you see California Health and Safety Section 18102 you can see the small estate rules. A small estate affidavit should work. If the pad is owned that will be a further issue as that will require some type of... Read more »
answered on Feb 25, 2023
No. The bank does not have to give you access just because you are next of kin. Is there a will? Is there a trust? Is there a POD or joint owner on the account? All of those things will be considered. If you are the next of kin and there is no will or trust and there is no joint owner or POD then... Read more »
answered on Aug 23, 2022
I am sorry for your loss. To claim an inheritance the procedures are different depending on who has the asset, what kind of asset and how title is held among other questions. I encourage you to contact a focused California probate attorney for more info. Good luck.
My father died on Wednesday and we are two children but my father left everything to her (she is 100% beneficiary). So how does she now petition the court to add me which she wants to do to make it a 50/50 split. How exactly do we do this? Do we need a lawyer? It is a simple trust with only a... Read more »
answered on Mar 21, 2022
It’s very possible court won’t be required. A lot depends on tax considerations, terms of trust, etc. I highly encourage you to hire an experienced trust attorney to help. Good luck.
My brother, never married, died intestate with no debt, a savings/checking account, a 10 acre parcel owned solely, and one half title on a house held as community property with our mother.
My mom, being first in succession, received the cash assets, his union pension and SS benefits after... Read more »
answered on Mar 20, 2022
A full probate is required. There is no getting around it with values like that. The threshold to avoid probate is $166,500 in gross value of all assets subject to probate. This estate is clearly well above that so a full probate is required. We can get you initial documents tomorrow and get... Read more »
OMy aunt help me do all the paperwork and she said because it proposition 13 I don’t need to go through probate because there isn’t anything else. I filled out all the paperwork that was required I had them notarized I sent the death and birth certificates along with it everything the parent... Read more »
answered on Nov 4, 2021
Prop 13 and probate have nothing to do with each other. You need to go through the probate court to transfer title. The assessor does not transfer title.
answered on Jun 4, 2021
I am sorry for your loss. Happy to answer questions if you text or shoot me an email on my website Californiaprobate.info
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 »
answered on Jun 1, 2021
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 »
answered on Apr 9, 2021
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 »
answered on Feb 25, 2021
You can sell the assets during probate. Would probably be easier to switch from limited to full IAEA. Then give out cash, 50/50, at end of probate.
My mom is 93 years old. She has bank accounts worth approximately $50,000.0, and her home is worth approximately $500,000.0.
We are setting up a revocable trust for all her assets. We have also created a last Will and Testament.
Ca. probate code 10800 implies that the executor shall... Read more »
answered on Feb 12, 2021
No. If a trust is set up AND properly funded then probate is avoided and thus the executor fees are avoided.
A family friends son passed away. They are in probate to sell his home and pay off his debts, they are the only heirs. They live in CA as is the home being sold.
answered on Feb 6, 2021
Hard to say for sure but typically most probate assets are received tax free. The exception are things like 401ks and retirement accounts. Happy to chat about the details if you contact me directly.
6 children, no will. Does oldest child automatically become administrator of any estate? If yes and other children wish to contest that appointment, is that possible?
answered on Feb 1, 2021
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 »
The court notice requested we inform omitted parties.
answered on Jan 17, 2021
Typically you do not have to give continued notice as long as you gave proper notice to the first hearing. If you aren't sure then just give notice of petition for probate. Good luck! -John
P.S. You might hire an experienced probate attorney to make sure your life easier.
answered on Jan 17, 2021
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 »
Because he listed so many beneficiaries I am running into a problem finding someone who will take it. What happens then?
answered on Dec 23, 2020
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
answered on Nov 3, 2020
If she had no will I would say yes. If she had a will I would say maybe.
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 »
answered on Oct 7, 2020
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.
My single Dad passed away in June leaving 3 offspring in our 50's. My brother moved in with Dad several years ago due to no home
For last 3 years Dad needed care provided primarily by brother. Sister/me assisted 2 days/wk. After Dad died, bro claims Dad left all to him, discontinued... Read more »
answered on Sep 23, 2020
I would start by looking up the deed to the house. Shoot me an email with the address and your dad's name and I can look it up for you in about 30 seconds.
If it's in dad's name then we could start probate. If your brother has a will he would need to produce it then. However,... Read more »
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?
answered on Sep 21, 2020
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 »
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