Unfortunately, since your ex-husband suffered a stroke and currently cannot understand, he cannot execute a power of attorney. You should contact a probate attorney who handles conservatorships, to have an conservatorship established for him, to preserve his finances and his assets.

You may sell the vehicle after the probate referee has appraised all the estate's assets. If you have full authority, you can sell after you receive the appraised value of the vehicle. If you have limited authority, you may need court approval to sell assets. Contact a probate attorney to... View More

You should immediately contact a probate attorney to assist you. If your mother did not have a will, you and/or any one of your other siblings could have started the process. Someone should have notified the bank shortly after your mother passed so that the account could be frozen until someone... View More

The executor must file an inventory and appraisal of all the estate's assets. If you file a Request for Special Notice, to receive all documents filed in the matter, you can attach a copy of the Inventory and Appraisal to your request for an advance from the probate lending company.... View More

Unfortunately, you did not seek a guardianship for the minor when she was in your care and custody. Without Letters of Guardianship the mother had the authority to take her daughter. At this point, unless there is physical abuse of your granddaughter, there is nothing you can do at this point.l... View More

At the time you draft your Report and Account of Administrator, you will need to provide a detailed summary of all out of pocket costs you incurred. You will need to state the date, type of expense, reason and amount in an itemized summary. All reimbursements must be approved by the court.... View More

You can designate a guardian for your minor son in your will or living trust. However, that person would need to petition the court in a guardianship proceeding in order to be appointed the guardian. Your nomination of that person carries significant weight with the court.

If you are objecting to a supplement to the first and final account, you must draft your own objections on pleading paper. There isn't a form to use to object. You may wish to consult an attorney to assist you.

First, condolences on your loss.

If he had no other children or a spouse, you are his sole next of kin. You should retain an attorney immediately to protect your rights and interest in this matter.

The Letters are issued after the Judge signs the Order for Probate. The Letters are issued in the county where the documents were filed and the proceeding was heard. The Administrator is not hired but is appointed by the court.

No, Letters cannot be approved in another court before the... View More

If the total value of your mother's estate is over $150,000.00, that would include personal and real property, you will need to initiate probate proceedings to be appointed the administrator of your mother's estate, if she died without a will. If she did have a will, the named executor... View More

Yes, it is possible to petition the court to be appointed co-conservator. Is your ex-husband in agreement and are you two on good terms? You should discuss it first with your ex-husband and seek independent counsel to guide and represent you through the process.

You can either get waivers of bond from all the beneficiaries. Or you can amend your petition to request that you have no authority. This would mean that every action you take would require court confirmation, such as the sale of real and personal property, or any other action that normally the... View More

Yes, that is an Adult Adoption.

There isn't a problem that your grandmother died over ten years ago. However, to initiate probate proceedings in California, the total value of the real and personal assets must be over $150,000.00. If the total value of the bonds are less than $150,000.00, there are other options to collect... View More

You can obtain the Fee Waiver Request to Waive Court Fees and Order on Court Fee Waiver on line at the San Francisco County Superior Court website.

Submit the completed forms and the Court will determine whether you qualify for the fee waiver. You will have to submit the Request to Waiver... View More

If there are insufficient liquid assets to pay the creditor claims, the real property may need to be sold or the personal representative may take out a loan against the property, with court approval, to pay off the creditor claims. Another alternative is to negotiate lesser amounts to be paid to... View More

The biological father does not necessarily need to consent to the adoption. Prior to any adoption, the biological father's parental rights must be terminated. If it can be shown that the bio dad meets the requirements for termination of his rights, his consent is not needed. His rights will... View More

In order for you to be considered you must first file a petition for guardianship. Yours will be a competing petition with your parents who have already been granted temporary guardianship. You and your parents should have a meeting to determine which home provides the best environment for your... View More

You should check the deed to determine if anyone else was on title to the condo with your father and, if so, how title was held with any other individual. In addition, if your father was married at the time of his death, this would also impact the probate process.

If your father was the... View More