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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
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
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
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.
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.
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
answered on Oct 26, 2023
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
Car w/o my knowledge or consent. From my research since there is no will beneficiaries pass probate and become owner of her property. True or not?
answered on Sep 18, 2023
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
I have sole successor trustee/fiduciary duty for my late grandparents' estate and they have a vacation home that I have to sell. Unfortunately the place was recently trashed by an unscrupulous family member who also happens to be one of two other beneficiaries including myself.
I was... View More
answered on Sep 13, 2023
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.
The PDF does not let you alter the type size or add a second line. Same problem with all the state PDFs.
answered on Aug 28, 2023
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.
entitled to a copy of the trust if my stepmother is still alive? My stepmother also mentioned I am a co-trustee. I have not received a copy of the trust.
answered on Aug 10, 2023
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
And check her bank account
answered on Aug 1, 2023
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
The seller does not want to put the papers in my name but she takes my payment every month. And I pay the taxes yearly.
answered on May 16, 2023
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
A woman dies in intestate in California in 2006 owning an interest in real property that still remains in her name. At her death she has three adult sons. In April 2023 one of the sons passes away, leaving 2 adult children. Does the real property now pass one-third each to the two adult sons, and... View More
answered on May 6, 2023
I agree with Attorney Whitehurst's assessment in part. However, there are various types of probate petitions that can be filed depending on the value of the interest in the real property. For instance, right now I am working on a Petition to Determine Succession to Real Property which is a... View More
answered on May 6, 2023
I agree with attorney Arrasmith's assessment. However, as a practical matter, many probate courts don't track who has paid the bond premium and who hasn't. However, some probate courts schedule a hearing around one year after an Order for Probate has been issued by the court. If... View More
able to make other decisions or does he need another POA to do that?
answered on Mar 22, 2023
Dear Frank and Jama,
No, Power of Attorney for Finances and Power of Attorney for Health Care decisions are almost invariably different documents. The good news is that you can have this quickly and affordably taken care of. Many attorneys offer free consultations either through phone,... View More
I do not have the title to the mobile home, there is no trust or will either that I am aware of.
answered on Mar 22, 2023
I'm sorry to hear about your grandmother's passing. The proper form required to transfer the title to the mobile home in California is a CERTIFICATE FOR TRANSFER WITHOUT PROBATE, form number HCD RT 475.2. This form can be obtained through the State of California, Business, Consumer and... View More
He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... View More
answered on Mar 21, 2023
I'm very sorry to hear about your partner's passing. The property must go through probate to transfer ownership to the heir. The non-interested siblings can disclaim their interest in the house or this can be done in tandem with a Settlement Agreement between all heirs which gets filed... View More
My parents recently passed away. They had a FHA reverse mortgage but did not have a will/trust. We need some guidance on possible next steps. I am one of 7 children and we agreed to collectively determine next steps but we don't fully understand our options. Can we transfer the title on the... View More
answered on Feb 17, 2023
I'm sorry about your loss. Unfortunately there are no options to avoid probate. The reverse mortgage went into default as soon as your parents passed. Most reverse mortgage companies will give the family some latitude before setting the default process in motion, however, there is no time to... View More
As POA am I permitted to sign on his behalf...we just don't want our son going through the probate where others crawl out of the woodwork trying to take. Or can you recommend a way to protect his and our son's rights to the property?
answered on Feb 17, 2023
Greetings nice ex-wife from Yucaipa. As an alternative to transferring the property to your son at this time, you can create a revocable living trust to insure a smooth transfer of ownership to your son upon his father's passing. Good luck with this.
answered on Jan 29, 2023
I'm sorry to hear about your mom passing. Wills must be hand-delivered to the Clerk of the Court, probate division, where your mom passed. Make sure to keep a good hard copy for yourself as well as a good digital copy so that you can share the will with beneficiaries or financial institutions.
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