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Questions Answered by Patricia Ann Simmons
2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: How can I get power of Attorney for my ex husband after his stroke? He doesn't understand & can not write

His daughter took his truck right after he had his stroke & all they are after is money or what ever they can get.

Patricia Ann Simmons
Patricia Ann Simmons answered on Nov 16, 2017

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.

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2 Answers | Asked in Probate for California on
Q: I am the administrator for my brother's estate. When can I sell his vehicle?
Patricia Ann Simmons
Patricia Ann Simmons answered on Oct 30, 2017

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... Read more »

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1 Answer | Asked in Probate for California on
Q: How do I petition the court to start the probate process for my deceased mother? She had no will.

My sibling was supposed to handle the probate as she died intestate, but nothing has been done and she passed 18 months ago. Is there a way I can search to see if anything has been filed with the courts? Can I request an accounting of her assets and probate progress? My sibling is not forthcoming... Read more »

Patricia Ann Simmons
Patricia Ann Simmons answered on Oct 30, 2017

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... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: As one of the five heirs in my father's will, which is currently in probate, am I entitled to a list of his assets?

I need to borrow against the probate, and I will need to show the probate lending company what he owned at the time of his death. The executor has been less than forthcoming.

Patricia Ann Simmons
Patricia Ann Simmons answered on Oct 9, 2017

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.

You...
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2 Answers | Asked in Family Law and Adoption for California on
Q: I have raised my grand daughter for 8 years, her mother walked off and left her. A few weeks ago my daughter took her .

Took her and refuses to let me spend much time with her at all. She's 8 confused and wants to come home. Please help

Patricia Ann Simmons
Patricia Ann Simmons answered on Sep 21, 2017

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... Read more »

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1 Answer | Asked in Estate Planning and Probate for California on
Q: What is the proper method for an estate administrator to be reimbursed for administration expenses paid personally?

I am the administrator of an estate. The only asset in the estate is real property. To avoid foreclosure, I personally paid expenses such as utilities, taxes, and expenses related to the sale of the property. I am to understand these are "administration expenses" and thus not a formal claim. How do... Read more »

Patricia Ann Simmons
Patricia Ann Simmons answered on Sep 19, 2017

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.... Read more »

1 Answer | Asked in Adoption, Child Custody, Family Law and Estate Planning for California on
Q: How can I appoint someone custody of my son, in the event of my death?

My son is 3 years old, his father has not seen him since he was only a few months old. Father is in and out of jail, multiple felonies and misdemeanors for identity theft, dui, check fraud, and possession to name a few. I might add that he also has 2 other sons that he does not have... Read more »

Patricia Ann Simmons
Patricia Ann Simmons answered on Sep 17, 2017

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.

1 Answer | Asked in Probate for California on
Q: What form should I use

I am representing myself in Probate matter and we are towards the end and there is a supplement to the first and final accounting and I want to know what form I should use to object to it and if you could tell me where I could find it exactly I would appreciate it thank you

Patricia Ann Simmons
Patricia Ann Simmons answered on Sep 16, 2017

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.

2 Answers | Asked in Estate Planning and Probate for California on
Q: My dad died today i am his only child and he was unmarried he had no will my his half sister is trying to take over

She says he had nothing i know shes not being honest he has a brand new car he paid for in cash she has his bank card and thy lived together so she has access to everything i do not what do i do please help me

Patricia Ann Simmons
Patricia Ann Simmons answered on Sep 10, 2017

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.

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2 Answers | Asked in Probate for California on
Q: Letters

I am going through a probate right now the administrator was I just I have a question when the person is hired administrator do they have to wait till they get the letters to be able to get into bank accounts or into anything at all concerning the decedent can they get the letters approved at... Read more »

Patricia Ann Simmons
Patricia Ann Simmons answered on Sep 6, 2017

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...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: How can I get the deed of my late mother's house transferred to mine and my siblings names ?

My mother had a will , we are heirs to her estate. My sister was the executor. She passed (my mother) 5 years ago. The house has a mortgage and papers now say " Estate of ____ ____" I live in the house and am trying to assume the loan but I don't know how to get our names on the deed, help!

Patricia Ann Simmons
Patricia Ann Simmons answered on Aug 10, 2017

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 would begin... Read more »

1 Answer | Asked in Probate, Family Law and Health Care Law for California on
Q: My adult son is under the conservatorship of his dad who is my ex-husband.

I would like to petition for co-conservatorship. Is it possible?

Patricia Ann Simmons
Patricia Ann Simmons answered on Aug 9, 2017

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.

3 Answers | Asked in Probate for California on
Q: I can't get bonded to come Executor what are options?
Patricia Ann Simmons
Patricia Ann Simmons answered on Jun 16, 2017

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... Read more »

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1 Answer | Asked in Adoption for California on
Q: Can a family friend adopt you, even though you are over 18?

I'm asking for someone else.

Patricia Ann Simmons
Patricia Ann Simmons answered on Jun 9, 2017

Yes, that is an Adult Adoption.

3 Answers | Asked in Probate for California on
Q: My grandmother died years ago. No probate because no assets. Now I find she had bonds. Can I open probate years later?

I am the only person in the will and are the named executor. She purposed omitted the only other grandchild because she stole from her. I have no idea how much these bonds are worth (I assume very little). The government requires that the funds from these bonds go to the executor of the estate. Do... Read more »

Patricia Ann Simmons
Patricia Ann Simmons answered on Apr 24, 2017

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... Read more »

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2 Answers | Asked in Probate for California on
Q: Can I get fee waiver to file probate in San Francisco? I'm disabled, homeless on SSDI.
Patricia Ann Simmons
Patricia Ann Simmons answered on Apr 21, 2017

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...
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3 Answers | Asked in Probate for California on
Q: Probate estate's only asset is a home. Can a judgment creditor force the PR to sell the home to pay the creditor's claim
Patricia Ann Simmons
Patricia Ann Simmons answered on Apr 15, 2017

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... Read more »

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2 Answers | Asked in Adoption for California on
Q: Is it possible for step parent adoption, if the biological dad refuses

I have full legal and physical custody of my 5 year old son. The father has supervised visits every weekend, but continues to only do every other weekend. He is a 5 time career felon and 2 strike offender and barely met his son in November. Can my husband adopt my son without the fathers consent?

Patricia Ann Simmons
Patricia Ann Simmons answered on Apr 3, 2017

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 be... Read more »

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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: What steps will be necessary to gain custody of my nephews?

My brother has sole custody of my 4year old twin nephews. He has had a tumultuous life, between the drug binges and the incarceration. The only reason he has custody is because of my parents. Recently he has been evicted from his place and my parents believe he is using again. They have been... Read more »

Patricia Ann Simmons
Patricia Ann Simmons answered on Mar 26, 2017

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... Read more »

5 Answers | Asked in Probate and Real Estate Law for California on
Q: Sell a deceased person's condo, with no will in California ($300,000). Brother and sister are only kin.
Patricia Ann Simmons
Patricia Ann Simmons answered on Mar 8, 2017

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...
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