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
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... 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
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... 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
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... 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.
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
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.
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
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... View More
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
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!
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
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... View More
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
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
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?
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
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... 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.