First, many people use the terms "wills" and "trusts" interchangeably, even though they are very different in California.

If your father-in-law had a will, whoever has the original is required, within 30 days of the death, to "lodge" it with the county clerk... View More

My condolences for the loss of your father.

California Health and Safety Code section 7100 specifically states: "The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be... View More

You need to contact a probate attorney ASAP. You cannot transfer title or sell the house without going through a probate process. In the meantime, the reverse mortgage holder can foreclose on the house. Do not delay!

You cannot add your name to a property that has a reverse mortgage on it and any attempt to do so could cause the reverse mortgage to call the loan due no. Even aside from the reverse mortgage, it is rarely a good idea to add a child's name to a property while the parent is alive as there can... View More

As an attorney whose practice focuses on older adults, this is very disturbing to hear reports like this. I would suggest you call California Advocates for Nursing Home Reform (CANHR.ORG) at 800-474-1116. They're a non-profit that advocates for older adults, particularly those in... View More

While it is not typical for your aunt's share to pass to her husband when his wife predeceased your grandmother, it is impossible to provide an answer here without reading the trust. It would take an attorney only a few minutes to look at a couple of paragraphs in that trust to answer your... View More

If the vacant lot is titled in the name of the trust, there is a very specific process that must be followed that complies with the terms of the trust with respect to incapacity of the trustee. If the vacant lot is in the name of the individual trustee who is now incapacitated, then the son will... View More

While a California trust does not need to be notarized, it does need to be signed. However, you seem to have evidence that in fact a trust document was signed (notary records) and the 2016 trust was funded with real estate. Depending upon a lot of other facts and factors, it is possible a court... View More

If the deceased was survived by one or more parents, only those individuals are intestate heirs entitled to recover under the small estate affidavit. The siblings are not entitled to receive anything.

My condolences to you for the father you will soon lose.

The legal document stating who has the right to control the burial plans will be the Advance Health Care Directive (AHCD), which you do not mention.

If there is no AHCD, and there is no spouse, then a majority of all... View More

I very much doubt Louisiana would require you to reside there in order to sign the affidavit. Notarizations are always completed in the state where the signer is signing, which most often is their residence.

My condolences for the loss of your son. You do not need to file for probate for that amount of money as it is below California's small estate affidavit limit of $166,250. You must wait 40 days following your son's death. If you contact the financial institution holding the money, they... View More

While you may not need to place your house in a revocable trust before you sell it, I would caution you that you likely should place the proceeds of the sale in a trust. As well, particularly as a widower with no children, it's extremely important that you have a health care directive and... View More

If you hold title with the owner as "joint tenants", no probate would be required. If title is held as tenants in common, half of the property would have to be probated.

However, adding an individual's name to real property is typically a very bad idea and has adverse... View More

When an individual signs a US document in a foreign country that would typically require a notarization, they should seek the assistance of the local US Embassy who will provide the equivalent of a local notarization. Once that is completed, a good quality scan should be all that any institution... View More

It would be helpful to have some additional information, including exactly how the deed adding your stepdad was titled, as well as how long they were married. Assuming you are the only child, you would be entitled to fifty percent of your Mom's separate property and that would have to be... View More

You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... View More

My condolences for the loss of your mother. You most likely do have recourse, but you should seek the assistance of a trust and estates litigator as soon as possible. Even if the quitclaim was valid, which likely it was not, that deed would have applied only to the home and not the contents or... View More

If your grandmother's home is still in her name, and I'm assuming she is deceased, you must file for probate. It is the only way title to the property can pass to her heirs, typically children, then grandchildren. It's not clear when you say there's a lien on your property.... View More

You need to have an attorney look at both the trust document and the petition your brother filed. You seem to raise valid objections to your brother's appointment as successor trustee. If you were properly served with your brother's petition, you would have had to file an objection to... View More