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Questions Answered by Howard E. Kane
2 Answers | Asked in Probate for California on
Q: Sibling vs Guardian Ad Litem for Administrator in CA probate case.

As the sibling of a decedent in a probate case in California, I am concerned about the appointment of a Guardian Ad Litem (who is the ex-wife of the minor child) as the Special Administrator. The minor is the only child of the decedent, and the parents are divorced. The ex-wife was appointed... View More

Howard E. Kane
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Howard E. Kane
answered on May 14, 2025

California Probate Code section 8461 provides the priority list for appointing an administrator over a decedent's estate. The list includes the following people in the following order of priority:

(a) Surviving spouse or domestic partner

(b) Children

(c) Grandchildren...
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2 Answers | Asked in Estate Planning, Probate and Elder Law for California on
Q: How to find my sister's lawyer after her house burned down?

My sister, who lived in Sunnyvale, CA and has dementia, does not remember her lawyer who prepared her will. Unfortunately, her house burned down and all documents were lost. Her husband is unaware of the lawyer’s identity, and she has no friends who might have that information. My sister is... View More

Howard E. Kane
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Howard E. Kane
answered on May 1, 2025

I'm sorry to hear about the situation. Did your sister own the home? If so, there is a good chance she created a living trust and funded the trust with the real estate and possibly other assets. This means that a trust transfer deed for the house would be recorded at the county... View More

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3 Answers | Asked in Family Law, Foreclosure, Probate and Real Estate Law for California on
Q: Options when living in a deceased parent's house facing foreclosure and sibling sale issues

I have lived with my Dad since 2011, and he passed away in 2014. I have been making mortgage payments since 2017 until November 2024, when my sister put the house up for sale. She is on the deed with my dad since 2010, but there is no written will. Now, the house is in default with several letters... View More

Howard E. Kane
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Howard E. Kane
answered on Apr 24, 2025

I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given... View More

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3 Answers | Asked in Probate, Real Estate Law and Tax Law for California on
Q: How to resolve property tax issues and secure home ownership without funds?

My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More

Howard E. Kane
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Howard E. Kane
answered on Apr 11, 2025

You need to file a petition for probate with the Riverside County Superior Court. Once you are appointed as administrator of your father's estate, you should be able to borrow money on behalf of the estate to pay the back taxes. You can also borrow as a beneficiary. Back taxes must be paid... View More

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2 Answers | Asked in Probate for California on
Q: What form to waive final accounting in San Bernardino estate?

What form should the administrator provide to the four beneficiaries in order to waive the final accounting of an estate in San Bernardino County, California, given that all siblings are aware of the estate costs?

Howard E. Kane
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Howard E. Kane
answered on Apr 8, 2025

There is no specific pre-printed form for a waiver of accounting in California. Likewise, the San Bernardino County Superior Court does not have a local form for waiver of accounting. However, San Joaquin County Superior Court does have a local form for Waiver of Accounting. You can download the... View More

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3 Answers | Asked in Probate and Estate Planning for California on
Q: Can granddaughter be beneficiary in California probate with no will?

My grandfather raised my granddaughter from birth, and she is now 18. He passed away without a will, leaving behind two adult daughters. He had expressed verbally that he wished to leave everything, including his house and car, to his granddaughter. Can she be included as a beneficiary in the... View More

Howard E. Kane
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Howard E. Kane
answered on Apr 8, 2025

I have handled probate matters where an agreement is reached between the legal heirs to include a grandchild or close family member in the distribution in the absence of a Will. Absent an agreement, it is highly unlikely that the granddaughter will be included in the distribution if the... View More

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3 Answers | Asked in Probate, Family Law, Social Security and Public Benefits for California on
Q: Can I be appointed executor of my ex-spouse's estate in California?

I'm wondering if my sons can appoint me as the executor of their father's estate, my ex-spouse, who died intestate. I was his Power of Attorney and Health Representative and handled all his affairs as best as I could while he was alive. Unfortunately, he died from complications before we... View More

Howard E. Kane
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Howard E. Kane
answered on Mar 28, 2025

Your sons have priority to act as administrator per the priority schedule listed in the probate code.

However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the...
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2 Answers | Asked in Probate and Real Estate Law for California on
Q: Can I sell estate assets to pay debts with IAEA authorization?

I am the executor of my late father's estate in California and have recently received probate Letters with IAEA authorization. The beneficiaries have been verbally notified and have concurred with the sale of the estate assets including a vehicle and a house, although there is no will. The... View More

Howard E. Kane
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Howard E. Kane
answered on Mar 12, 2025

Congratulations on being appointed administrator. With full IAEA authority, you can liquidate assets. You will need to send out a Notice of Proposed Action to all heirs when you accept an offer for the sale of the house. You will also need to set up an estate bank account, obtain an EIN number... View More

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3 Answers | Asked in Probate for California on
Q: How can I access my deceased brother's storage unit in California?

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

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Probate for California on
Q: How can my mom access her late husband's assets in CA without a will or probate?

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

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Estate Planning and Tax Law for California on
Q: Can I use inherited money to help daughter's mortgage in CA?

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

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Civil Rights and Probate for California on
Q: I need help retrieving my husbands personal items from room he was renting at the time of his death.

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.

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Probate for California on
Q: I. Filed as creditor against a probate and was denied without explanation.how and what do I file now?

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.

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: How do I complain a lawyer to the State Bar? California

As the title - How do I complain a lawyer to the State Bar? California. Not my attorney but the opposing party's.

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Probate for California on
Q: My aunt filed a joint tenant affidavit with out any one knowing now she trying to sell the home what can I do

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

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for California on
Q: I would like to take adverse possession of an abandoned property. Where should I start as far as legal process goes?

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

Howard E. Kane
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Howard E. Kane
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

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3 Answers | Asked in Probate for California on
Q: Does a decedent's fiancée (not a registered domestic partner or married) have a chance at receiving any Estate?

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

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Probate for California on
Q: DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY FIDUCIARY

"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.

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Probate and Estate Planning for California on
Q: I have letters of admission limited powers for my mom's estate. Can I have the deed transfered to me? I'm her son

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.

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Probate for California on
Q: Need an affidavit for collecting a Merrill account after April 1, 2022 death.

I'm trying to collect a Merrill investment account valued at less than $80,000 using an affidavit for collection of personal property under California probate law. The account belongs to someone deceased after April 1, 2022. I previously sent a small estate affidavit but was informed it was... View More

Howard E. Kane
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Howard E. Kane
answered on May 15, 2025

I noticed that the Sacramento County Law Library has the updated form on its website. Feel free to email me, and I will email you the form.

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