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I've been taking care of her in her home for 10 years (Alzheimer's), and my sister wants me to inherit the remaining funds in her bank account of less than $5000 and the family home, which has a reverse mortgage on it The loan on the house is at $320,000 and the house is probably only... View More 
answered on Dec 13, 2019
Me Berge summed things up well. I would encourage you to find an experienced probate attorney as we could get the probate started right away as that is needed since the clock is ticking. Be sure you ask the reverse mortgage company, in writing, to delay starting a foreclosure. Reverse mortgage... View More
answered on Nov 24, 2019
If there are no assets in California I might skip the California probate and just do the Colorado. The main issue, assuming no assets in California, is if you want to put creditors on notice in California to protect yourself from later claims. Also, I should add, I do not know Colorado law but if... View More
The insured died after his sister who was the beneficiary. He lived in national city California
answered on Oct 16, 2019
I am sorry for the loss of your mom and aunt. I would say your mom would not receive the money. I would say the money goes to the contingent beneficiary if one is named on the policy. If one is not named then the money would go as the policy dictates which most likely would be to the probate estate.
To late for my husband to file probate?
answered on Sep 7, 2019
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.
I know he had property and assets how should I proceed?
answered on Aug 28, 2019
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,... View 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... View More
answered on Aug 22, 2019
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... View More
answered on Aug 13, 2019
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
The escrow lady says his intrest has to go to probate and she can not close escrow till a exeator/administrator is assigned by the courts to his estes. What do we do now ?
answered on Aug 6, 2019
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... View 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... View More
answered on Aug 5, 2019
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... View 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... View More
answered on Aug 3, 2019
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... View 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... View More
answered on Jul 31, 2019
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... View More
California does not require probate but Ohio does. I'm in California and not sure how to proceed to close her account.
answered on Jul 10, 2019
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... View 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... View More
answered on Jun 9, 2019
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... View 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... View More
answered on Jun 7, 2019
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... View More
Im Admin i want to finish this
answered on May 30, 2019
I’d like to discuss your case to see if I can help. 888-920-5983
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... View More
answered on May 28, 2019
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... View More
Is executor of will responsible for having appraised again due to fair market value has gone up?
answered on May 27, 2019
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... View More
Judge wants a declination to serve. How is this possible?
answered on May 14, 2019
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... View 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?
answered on May 14, 2019
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.
answered on May 13, 2019
I would contact an attorney in Mexico to determine what they will need. Being that there is no will they may not need anything from the California probate. I am not sure. Good luck. -John
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