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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.
answered on May 8, 2019
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... View More 
We live in California. The home is the only asset. I am the only heir and it has been my primary residence for years
answered on May 6, 2019
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... View More
What type of legal process is required in Caslifornia to obtain a death certificate regarding a missing person of five years time?
answered on May 1, 2019
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.
CA Probate Code 12003:
If a general pecuniary devise, including a general pecuniary devise in trust, is not distributed within one year after the testator's death, the devise bears interest thereafter.
answered on Apr 13, 2019
Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.
IAEA means the... View More
I am Administrator of this estate and I need some money to pay a contractor. I openned court order blocked account where the funds are deposited. While i wait for other issue to be resolved Is it possible to use that money? How do i ask judge?
answered on Apr 12, 2019
Honestly I would petition the court and ask to switch to IAEA powers, get bonded, and get rid of the blocked account. It will be easier to handle estate business including, eventually, selling the house. There is a judicial council form to make the switch to full IAEA powers. If you don't have... View More
petition for distribution?
answered on Apr 11, 2019
Typically the waiver of accounting and waiver of executors fee are separate documents.
Is there a simplier way to proceed with out court.
answered on Apr 2, 2019
A homestead has no bearing on the probate procedure needed to clear title. The main issue is if it’s worth more or less than $150k as under that is a simpler probate procedure but still in probate court. Definitely hire an attorney. Good luck.
My grandmother passed away four years ago with no will, executor, I have been residing in the home she bought and where I grew up due to financial hardship and unexpected family problems the property is currently is in pre-foreclosure and I am working hard with the loan provider the bank has been... View More
answered on Apr 2, 2019
A lot of times there are attorneys who will front the costs of probate. It really depends on the facts of the case. Also there are ways to get a fee waiver in probate court. Doing probate without an attorney can be risky because if you mess up you will be delayed. You could lose the house to... View More
answered on Mar 17, 2019
The will's language of no bond only applies to the named executors not others. You would need to get bond waivers and, even then, the Judge might require bond if you are seeking full IAEA authority. However, if the proposed PR is in state and you get a signed bond waiver (on correct form)... View More
My father had no will and the ex-wife want's nothing to do with the property how do I go about getting her name off the title? Do I need to go through probate court? Or what kind of attorney would handle type of situation?
answered on Mar 13, 2019
It's tough to know without seeing the deed but most likely a full probate is required. In some cases there are lower cost probate alternatives also. There are a couple of different ways to handle the ex-wife's interests but it depends on whose name(s) is/are on the deed, what their... View More
If he quits on me and I didn't fire him is he still able to get paid even if he quits
answered on Feb 20, 2019
Typically in a probate your new attorney and your old attorney will split the statutory fee in some percentage that is equitable to both of them. It should not cost you more money though. Interview a couple of attorneys and find someone that you feel comfortable with. Good luck. -John
His mom wants to start a probate to sell the home, but she is worried about his (ex) wife making claims against his estate. They were separated for 31 years and he died without divorcing her. He bought the home 2 years ago and died one year ago. How much would the probate cost and can the mom keep... View More
answered on Feb 12, 2019
The ex may make a claim but that will be dealt with when it happens. The cost of probate is based on the value of the house. I have a probate fee calculator on my website which can give you an estimate of cost. https://californiaprobate.info/probate-fee-calculator/
We had no children . She has two siblings . Also one brokerage account about 800K is her separate property.
All other assets either community property or joint tenancy.
answered on Jan 14, 2019
I am sorry for your loss. First it's important to remember that titling of a property (as community or separate) is just a presumption. So just because a property is titled as separate property doesn't mean it might not be all, or partially community property... and vice versa of course.... View More
My sister passed intestate in 2015, S.C. County CA. Probate lawyer was hired in early 2016. My brother passed in late 2016. My sister was never married and had no children. Is my adult nephew (brother's son) eligible for 50% of the estate? Sadly we've been a little disappointed with our... View More
answered on Jan 8, 2019
Yes. I would say nephew gets half. Assuming you and your sister were only siblings.
My situation: Wife of 9.5 years passed away due to cancer. We bought property during our marriage, but chose to put the title only under her name, because of credit concern at the time of purchase. We were foolish to think one of us would die so early and did NOT make an official will. I have... View More
answered on Dec 17, 2018
As I understand the facts probate court is required. However, a spousal property petition should work. I would need the specific details to know for sure. For example, was down-payment and all mortgage payments from "community property" sources, did she have a will, was there a pre-nup,... View More
answered on Nov 26, 2018
As others have stated depends on value as determined by the California probate referee most likely. The other option that might work is a spousal property petition in which case value plays no part. In all cases probate court is required. We do a lot of work in el do and all of California. Give me... View More
There is 4 people in will my aunt,uncle,mother, and cousin. My mother died before grandfather. Do I get my mother's portion. I am an only child.
It is a large estate and aunt already selling property. House,bank accounts,vehicles, furnishing etc.
answered on Nov 2, 2018
Typically a will provides that if a beneficiary predeceases their share would go to their children. So my guess is you would get your mother's share. Of course each document can be different so reviewing the actual document with an attorney is key. Plus do you trust your aunt? Maybe she is... View More
Attorney has been disbarred and allowed other attorneys to prematurely take property from the Estate.
answered on Oct 30, 2018
I am sorry to hear of the difficulties you have had. There is no legal requirement to have legal counsel in probate. However, with a mess like you have I think a trusted and experienced probate attorney would be something you might want. I encourage you to look around for someone who is a Certified... View More
My father has zero creditors and no bills and owes no taxes. I've done my due diligence and requested credit reports and had mail forwarded.
answered on Oct 20, 2018
At the outset of the case la county requires a declaration regarding creditors to determine if bond is required. I believe it’s listed in their local rules on the court website. At the end of the case you’ll also make a statement about the lack of creditors in your final petition or accounting... View More
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