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Questions Answered by Howard E. Kane
1 Answer | Asked in Probate for California on
Q: My roommate’s mother died recently. How can he find if there was a will or claim a right to the estate?

My roommate’s mother passed away a couple months ago. He and his brother are her only surviving family, but they are estranged due to my roommate coming out as a gay man. He believes that she had no will. When my roommate went home for the funeral, he discovered his mother’s home had been... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 15, 2021

After a person passes away in California, depending on the value of the estate, the executor of his/her estate may need to probate the will with the local court. To start probate, an estate representative (usually the executor) files a Petition for probate of will with the local superior court in... Read more »

1 Answer | Asked in Probate for California on
Q: why would probate judge give someone a chance to amend a petition for revocation for probate of will if the petition was

filed after a 120 days which is past the statue of limitations in california

Howard E. Kane
Howard E. Kane answered on Oct 14, 2021

The process for petitioning to revoke probate of a will in California is codified in Probate Code section 8270 et seq. which reads as follows:

8270. (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person...
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2 Answers | Asked in Estate Planning for California on
Q: Don't want "per stipes"use in my online purchased Living Trust. All offspring in my sons' marriages are step-children.

I want wives to receive disbursements if sons pass.

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

Unfortunately, you get what you pay for with most online estate planning documents and there is very little room if any for much-needed customization. I recommend having an attorney craft your estate plan to properly preserve your legacy.

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1 Answer | Asked in Probate for California on
Q: can owners manuals be used as proof of ownership for probate code 850 and 859 hearing for stolen items from an estate

decedent passed away and his personal property was stolen and sold at yard sales. including his vehicles. can the decedents owners manuals be used as ownership proof for the stolen items? there are declarations from people that lived in the same household as the decedent that have filed with the... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

Per Probate Code section 859, if items of personal property were stolen from the estate, then the person shall be liable for twice the value of the property recovered by an action under section 859. The evidence code details many different types of evidence, and documentary evidence such as owners... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Does"per stirpes" always means proceeds do not pass to wives?

for Living Trust

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

Per stirpes is a Latin phrase that translates literally to “by roots” or “by branch.” In the estate administration context, a per stirpes distribution means that a beneficiary's share passes to their lineal descendants if the beneficiary dies before the inheritance vests. For... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: What can I do to keep my cousin from being the Admin for my grandmother estate? She has 4 living sons and I rep. my dad

My father passed away in 2011 and my grandmother in 2020 she left no will and my cousin who's father is still living and married is trying to become the administrator for my grandmother's estate. She had no will and 4 living sons. She wants to sell her house and we want to stop her. the... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

I recommend that you file a written objection with the court as soon as possible. I also recommend that you attend the court hearing to make sure that your objection is heard. In addition, if the appointed administrator has full authority and decides to sell the house, then you will still have... Read more »

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1 Answer | Asked in Family Law and Probate for California on
Q: Hi I need to find out how to become my mothers conservator she has a public guardian

Hello, my sister was my moms conservator but she fell ill and I guess when they couldn’t get it touch with her and claim they had no way to contact me so they appointed a public guardian. Now my mothers in the hospital I’m unable to make certain decisions i Need to find out how to file to... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 11, 2021

I'm very sorry to hear about your mom's situation and your sister falling ill. The official California Courts website is a good place to start the conservatorship process. A link to the self-help conservatorship web page is as follows:... Read more »

1 Answer | Asked in Probate for California on
Q: What is the alabama probate code.for if a. Parent dies.and dies does not have a well
Howard E. Kane
Howard E. Kane answered on Oct 6, 2021

If a parent dies without a Will, then the probate process which is supervised by the court may be necessary to settle the estate. This is especially true if the parent-owned real estate. I would consult with a local attorney so that the assets and debts can be inventoried. From there, you can... Read more »

3 Answers | Asked in Estate Planning for California on
Q: Do I own my dad's share of his home after he passed with a transfer on death deed or does it go to his widow?

I have a transfer on death dead for my dad and a separate one for my stepmom. They are joint owners of a home and I am the sole beneficiary for both. My dad passed away. Do I now own his 50% share of the home or is his share now owned by his widow?

Howard E. Kane
Howard E. Kane answered on Oct 6, 2021

The technical requirements for a transfer on death (TOD) deed are simple but very strict, and errors can void the TOD deed. Unfortunately, a TOD deed cannot be used to transfer property held in joint tenancy or as community property with the right of survivorship.

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2 Answers | Asked in Estate Planning for California on
Q: If a will indicates beneficiaries who predecease the testatrix, who is the lawful distributes to the estate?

B (NY) left her estate to two sisters; A (NY) and M (FL). The sisters both predeceased B. Beneficiaries to A's estate are her two children (NY). The beneficiaries to M's estate are brother P (CA), and niece, J (FL). P is the last living sibling to B, A, and M.

Howard E. Kane
Howard E. Kane answered on Oct 5, 2021

I would begin with reading the Will. The Will could and should very clearly provide the answer. The original Will should be lodged with the court in the jurisdiction where the decedent lived. Since both A and M predeceased B, B's estate was never vested in the estate of either A or M.... Read more »

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1 Answer | Asked in Probate for California on
Q: does san bernardino superior court have a form for probate subsequent document filing coversheet
Howard E. Kane
Howard E. Kane answered on Oct 5, 2021

Are you preparing to fax file? If so, most courts require a special fax cover sheet that identifies the documents being filed and the amount pages. Unfortunately, the San Bernadino court website doesn't provide such a form. I would call the probate clerk and ask.

2 Answers | Asked in Probate for California on
Q: In the state of California as an heir how do I claim deceased person's property? (Cash, stocks, accounts)
Howard E. Kane
Howard E. Kane answered on Oct 4, 2021

Oftentimes with cash and stock accounts, the account holder lists the beneficiary through "pay on death" paperwork held by the financial institution. If no beneficiaries are listed, then an Affidavit per California Probate Code section 13100 should work if the assets are below the... Read more »

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1 Answer | Asked in Probate for California on
Q: if an heir files a petition to revoke probate of will after 120 days of the will being admitted to probate will their

petition be denied. they are not a minor. they are an estranged son who filed 6 months after the 120 days time limitation.

Howard E. Kane
Howard E. Kane answered on Oct 3, 2021

Their Petition should be denied unless they can figure out an end-around Probate Code section 8270, subsection (a) which must be read in the entirety. It reads:

"Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other...
Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for California on
Q: Trustee grantor conveys property in individual capacity . Can he use corrective deed to convey as trustee of property

Jack conveys property to beneficiary instead of jack as trustee of said trust. Can he file corrective deed to validate transaction as of date of original deed?

Howard E. Kane
Howard E. Kane answered on Oct 3, 2021

Yes. A corrective deed will most likely clear up the defect in the first transfer. I'd recommend having an attorney handle the preparation of the corrective Deed.

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2 Answers | Asked in Probate for California on
Q: Do I need a probation ?

My husband just passed away. Our house is held as community property with right of survivorship. I am the sole beneficiary of his retirement accounts and bank accounts. His will left 10% to my daughter. Do I need a probate ? Can I settle the 10% of the estate to my daughter without the probation?... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 3, 2021

I'm very sorry to hear about your husband's passing. Yes, you should be able to avoid probate. The key here is that you have access to all accounts. You can transfer your daughter's inheritance to her, or set up a trust for her if her funds need management due to her age or other factors.

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4 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Grantor conveys property into trust a. Later conveys into trust b without revoking a.

Is the property in a or b. If still in trust a, does subsequent deed conveying trust into trust b affect title chain..can it be left recorded as is or is there some type of procedure needs to be done

Howard E. Kane
Howard E. Kane answered on Oct 3, 2021

A deed cannot be "unrecorded". A new deed should be drafted and recorded so that the property is in the proper trust.

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Property is in trust. Trustees as individuals then quitclaim it to their daughter. Who owns

Trust transfer deed "jack and jill transfer to jack and jill as trustees of jack and jill trust" quitclaim deed "jack and jill transfer to daughter

Howard E. Kane
Howard E. Kane answered on Oct 2, 2021

To properly fund a trust with real estate, the individuals need to deed the property to the trustees of the trust and then record the deed. For the trustees of the trust to then transfer the property, they need to gift the property as trustees of the trust (not individuals) via deed. The... Read more »

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2 Answers | Asked in Probate for California on
Q: I live in California and my husband passed away. I am the beneficiary of everything.Do I need to file for probation?
Howard E. Kane
Howard E. Kane answered on Oct 2, 2021

I'm sorry to hear about your husband's passing. There is no need to petition the court for probate of a particular asset and have it transferred to you by order of the probate court unless there is no other legal way to transfer the asset to you. It's also a good idea to do some... Read more »

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1 Answer | Asked in Probate for California on
Q: what happens when someone is cited to court and they do not show up? for probate case 850 and 859 hearing
Howard E. Kane
Howard E. Kane answered on Sep 30, 2021

The procedure for obtaining a proper citation is detailed in Probate Code sections 1240-1242. The consequence for violating a court order includes a bench warrant to secure the appearance of the person properly cited. PC 1240-1242 reads as follows:

1240. Where use of a citation is...
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1 Answer | Asked in Probate for California on
Q: how to collect on judgment from respondents who were ordered to pay double damages for stealing from an estate

in california what are the ways to collect on a judgment

Howard E. Kane
Howard E. Kane answered on Sep 29, 2021

You can place a lien on the respondent's real estate by recording a certified copy of the Abstract of Judgment at the County Recorder's Office where the respondent owns property. I also recommend speaking with a seasoned collections attorney who can spell out a variety of other... Read more »

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