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My brother passed away in California and did not leave a will. He had a storage unit, and when I contacted the facility, they asked for documentation granting me rights to access it. There is no probate process initiated, and he was the sole user of the storage unit. How can I legally gain access... View More
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answered on Feb 19, 2025
If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to... View More
My mom is trying to obtain assets that her late husband intended to leave for her. He passed away in California without a will, and the assets include money he made throughout his career and a vehicle, not any property. He has two daughters, ages 34 and 37, with my mom. She has already filled out a... View More
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answered on Feb 19, 2025
If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to... View More
I am inheriting money and would like to help my daughter by putting money towards her mortgage. However, my sister mentioned that someone in financial aid said I might not be able to gift my money away. Are there legal restrictions that could prevent me from using my inheritance to assist my... View More
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answered on Feb 18, 2025
This is a tax question. Gifts of cash can trigger a gift tax and require the filing of a gift tax return according to the IRS website. One possibly end around may be for the inheritance to pass directly through to your daughter. I would consult with a tax adviser and the estate attorney regarding... View More
His roommate refuses to give me his things. I sent an affidavit for collection of personal property along with his death certificate to property manager but they said it was between the roommate and myself. I need to know what paperwork i need to file to proceed in getting my husbands things.
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answered on Feb 12, 2025
I'm sorry to hear about your husband passing. The affidavit is the proper document to use unless your husband had a larger estate and then a probate petition should be filed with the court. You may want to have a friendly police officer assist you with speaking with the roommate and... View More
I have over 12500.00 in unpaid wages I have been waiting over 3yrs.in the labor board and just found out she passed this passed year.
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answered on Feb 11, 2025
I'm sorry to hear that your creditor claim was denied. A claim must be filed before the LATER of (a) four months after the date letters of administration were issued to the personal representative, or (b) sixty days after the date the Notice of Administration was given to the creditor. Once... View More
As the title - How do I complain a lawyer to the State Bar? California. Not my attorney but the opposing party's.
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answered on Feb 6, 2025
Once you’ve decided to take your grievance about an attorney to the State Bar, you then need to file an attorney complaint form through the State Bar of California website. Click on "Complaints and Claims" at the top of their webpage and you will be steered in the right direction.... View More
The house was given to my mother from my grandfather and after she passed away instead of her husband or children inheritance her siblings said it was now all of there's and they filed a joint tenant affidavit but they don't live at the house I do. They haven't paid any taxes on the... View More
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answered on Oct 24, 2024
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
The neighbors cut my locks and relocked the gate that I used to gain entry. I had documented the adverse possession sign that I posted before then and I documented the conditions of the property. The house has been abandoned over 20 years and the neighbors dont believe I have the right to be there.... View More
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answered on Oct 1, 2024
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
Specifically, in a scenario where the decedent left no will and had an estate of less than $184,500, am I understanding correctly that anyone can submit the Affidavit to become Administrator under CALIFORNIA PROBATE CODE SECTIONS 13100-13106? If the fiancée of the decedent submitted such an... View More
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answered on May 31, 2024
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
"Petitioner has no personal, financial or other relationship with attorneys or other agents hired by the petitioner"
Is it correct to leave out this section on a Petition for Final Distribution if petitioner is acting in Pro Per?
Thank you.
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answered on May 8, 2024
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
There are no other persons or debtors .
I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.
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answered on Dec 1, 2023
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 am the granddaughter of a deceased individual who passed away without a will. A probate case was initiated in 2020 by the deceased's son. However, I am the rightful owner of a real estate property involved in the probate. I have presented to the court a decree showing I inherited the... View More
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answered on Feb 13, 2025
A Probate Code section 850 petition can be filed to clear up the title problems. I highly recommend that you hire an attorney who is familiar with probate matters that involve a cloud on title and fraudulent transfers. Call me if you need assistance with this.
What are my rights? He did not have a will
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answered on Feb 1, 2025
I'm very sorry to hear about your brother's passing. I understand your need and desire to gain access to his apartment. The process involves petitioning the court for Letters of Special Administration which can give you temporary powers to access his apartment. Feel free to reach out... View More
I feel like I have been robbed of my inheritance, my aunt took it upon herself to be in charge of all of my dad's belongings, the deed was under both my father and his sisters name, she sold it and has not once reached out to talk to me and my sister, the beneficiaries since my dad and mother... View More
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answered on Jan 14, 2025
I'm very sorry to hear about your aunt and the possible loss of inheritance. How did your father hold title to the property? Did he own the property in Joint Tenancy with his sister? If so, at least on paper she is entitled to his half of the property upon death. A copy of the Deed would... View More
As a result of the assignment, I am now the sole beneficiary. I am also the administrator of the estate. I would like to know if I need to sign a waiver of accounting and if the assignor also needs to sign a waiver.
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answered on Jan 3, 2025
I recommend that both of you sign waivers, however, technically you may not need to sign a waiver.
and I need help brother in law (non-relative) is trying to steal our family home of 61 years?
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answered on Dec 18, 2024
Since your sister is now deceased, the probate court may be able to reverse the fraud assuming ample paperwork is submitted to establish the fraud. Call me or another seasoned probate and real estate attorney for a consultation and to gather more information so this can be sorted out.
My court date isnt for 2 more months, the issue is when my uncle passed he had a tenant whose rental agreement was up and he was not going to renew it and a freeloader who my uncle had told he had 30 days to get out. How do i get them out as fast as possible. They are destroying the property, they... View More
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answered on Nov 14, 2024
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
Trustee has filed a Petition for Instructions and I would like to respond to this request
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answered on Oct 8, 2024
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 need someone to help me get my inheritance from my half sister asap with no money down.
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answered on May 31, 2024
I may be able to assist you. Call me to see how I may be able to assist.
Member alive
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answered on May 28, 2024
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.
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