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 »
You should go to the best probate attorney you can in my opinion. The writer of the will may or may not be a great probate court attorney. Look for someone with extensive probate court experience and a focused probate practice not a general practitioner.
He passed away with no will, no beneficiaries and no POA. His assets are less than 150,000. I’ve researched that this would be a small estate but want to make sure we don’t have to go to probate. My sister and I are the only surviving children and he... Read more »
You do not need to file to be PR before filing a small estate petition. However, you do need to get the house valued by a California Probate Referee for that county. Also, the mortgage does not play into the valuation. The $166,250 value is just based on the gross value of the property. So you can...Read more »
No. If the beneficiary dies BEFORE the person whose life the policy was on then the beneficiary's estate/heirs do not take. However, if the beneficiary dies AFTER the person but before they claim the life insurance proceeds then yes their estate/heirs would take.
I'm Living in the family home my parents had no will it is paid off. Before my brother passed we started a probate never completed I am the only child living The house is still in my parents name because it's been difficult having no will. Does the house go to me and my parents... Read more »
Yes he could make you move out. Should probably try to work out a deal to buy him out. If you have a probate attorney helping with mom/dad's probate they should be able to help with brother's probate and a buy-out. If not, I encourage you to find a qualified and experienced probate...Read more »
Hello my brother just passed away we were the only 2 children. My parents passed away with no will before my brother passed away we had an attorney start a probate to divide my parents been property between us 2 but my brother passed before it was completed still in process. Now do I divide it with... Read more »
You are supposed to file a will within 30 days of death but you are allowed to file later. If there might be a competing petition by someone else I like to file first. If there is no fighting then delaying is usually ok. I have filed cases 20 years after death.
If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.
That's tough to answer as there are many variables and ways it could go. A general rule in probate is that a person (spouse or otherwise) is liable for debts (even if they didn't know about it) to the extent they received assets from the decedent. So if the spouse received money/assets...Read more »
It sounds like the transaction was not completed. Did the buyers sign anything where they agreed to pay the mortgage? So that would be one of my several concerns. Also Without going through a title company I doubt the buyers would have good title so that might not be able to sell in future. I thus...Read more »
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