If the house was properly deeded to your mother, then the house remains in her estate. If your mother did not have a Trust or pay on death Deed, then title to the property must be cleared up through the probate process in Riverside if Riverside is where your mom resided at the time she passed. I... View More

Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an... View More

Any interested person can become the administrator of a probate estate if nobody objects. However, non-family members have no right to inherit probate property. Keep in mind that an affidavit to obtain probate property for an estate worth less than $184,500 does not involve the court and does not... View More

This paragraph should be included in the Petition for Final Distribution. In the alternative, you should describe your relationship with those hired by you. For instance, if family members cleaned out and hauled debris from the probate property and you paid them, then this relationship should be... View More

The transfer is accomplished via court Order, not by a Deed. So no, you cannot transfer the property to yourself. Once all procedural requirements have been met, including the preparation and filing of an Inventory and Appraisal, you or your representative will file with the court a Petition for... View More

I'm sorry to hear about your uncle passing and the freeloading tenant. I recommend hiring an attorney who may do the following: Secure Letters of Special Adminstration, which will expire when you are appointed Administrator. The petition for special administration should include special... View More

I agree with the answers posted, however, the Response should be Verified which is a specific typed Verification paragraph that is signed under penalty of perjury and attached as the last page of the Response. You can locate a sample Verification on most court websites. Good luck with this.

I may be able to assist you. Call me to see how I may be able to assist.

If the decedent left you the property through a living trust, then you may not need to file a probate petition. If the property was left to you via a Will, then you most likely need to file a probate petition.

If the vehicle is in the name of the decedent, then you need to wait until you are appointed administrator of the estate. Good luck with this.

Per Probate Code section 6541, the court may grant or modify a family allowance on petition of any interested person. This can be done ex parte or via a regularly noticed petition, depending on whether or not an Inventory and Appraisal has been filed. In short, like most requests to the probate... View More

The cash in the bank should be obtained via the small estate affidavit process described by attorney Whitehurst. The vehicle requires different paperwork which gets submitted to the DMV:

An Affidavit for Transfer Without Probate California Titled Vehicle or Vessels Only (REG 5) form may be... View More

Hello. I am a probate attorney and licensed real estate broker. Oftentimes realtors can obtain financing through their company to handle renovations. I recommend calling around to local companies to see who may be able to assist with financing the repairs and renovations.

I recommend using free online pdf editing software such as DocHub. This will allow you to change the font and crunch all of the aka names in. Good luck with this.

Under California law (Probate Code section 16061.7) every trust beneficiary, and every heir-at-law of the decedent, is entitled to receive a copy of the trust document. However, the beneficiaries only have the right to obtain a copy of the trust when their rights have vested. The beneficiary’s... View More

There are various options to securing your sister's property, depending on the value. If you are attempting simply to get any cash that may be left in her bank account, then you can possibly use an Affidavit which an attorney or possibly the bank can provide you. If your sister's estate... View More

I'm sorry to hear about the jerk around. As the administrator of the estate, you can file a small claims case to recover the money. That is the only recourse I can think of. Best of luck with this.

I'm sorry to hear about your mom passing. I'm sure this is a difficult time for you. If I understand correctly, your mom passed and she owned a home in her name. There is no written Will or Trust. If this is the case, then the home needs to go through the probate process for it to... View More

I agree with attorney Julie King. You should take advantage of a free consultation and discuss the situation more thoroughly with an attorney. You should provide copies of all relevant documents via email so that this can be carefully evaluated. I suspect that the notarized document can be... View More

The property belongs to the probate estate, however, you can and should submit a Creditor's Claim to the personal representative on the proper judicial council form. The Personal Representative will have the opportunity to either consent or object to the creditor's claim. If they object,... View More