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Questions Answered by Howard E. Kane
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: How can I file with probate 6541
Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Probate for California on
Q: I am beneficiary of my mother's bank account. She died without a will. Her assets are less than 185000. My sister took

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?

Howard E. Kane
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Howard E. Kane
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...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Successor Trustee/Fiduciary Duties for a Home in Need of Renovation but No Liquid Cash in the Estate?

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

Howard E. Kane
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Howard E. Kane
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.

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Using the state provided DE-121 PDF form, I can't get all the AKAs in the "Estate of" box. The judge said fix it. How?

The PDF does not let you alter the type size or add a second line. Same problem with all the state PDFs.

Howard E. Kane
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Howard E. Kane
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.

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My father recently died. He and my stepmother and are the settlors of their revocable trust. Am I, as his child,

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.

Howard E. Kane
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Howard E. Kane
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

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1 Answer | Asked in Probate for California on
Q: My sister passed away about 3 years ago she didn't have a will and me and my sisters are trying to get her property and

And check her bank account

Howard E. Kane
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Howard E. Kane
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

3 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for California on
Q: If family failed to go to probate and I took over the mortgage who's property is it now? I've paid on it the last 5years

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.

Howard E. Kane
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Howard E. Kane
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

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3 Answers | Asked in Probate for California on
Q: Need to determine succession to real property.

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

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Probate for California on
Q: If a person doesn’t pay the probate bond in a probate case will the probate case be dismissed ?
Howard E. Kane
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Howard E. Kane
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

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3 Answers | Asked in Estate Planning for California on
Q: Hello, My husband has a durable power of attorney for healthcare. Does that cover the financial end as well as being

able to make other decisions or does he need another POA to do that?

Howard E. Kane
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Howard E. Kane
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,...
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: My grandma passed away and we live in her mobile home. How do I get it in my name?

I do not have the title to the mobile home, there is no trust or will either that I am aware of.

Howard E. Kane
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Howard E. Kane
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

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4 Answers | Asked in Estate Planning, Tax Law and Probate for California on
Q: Alameda County - CA My partner of 26 years passed away without a will.

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

Howard E. Kane
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Howard E. Kane
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

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3 Answers | Asked in Estate Planning and Probate for California on
Q: When your parents pass away with no will or trust, are there options to avoid probate?

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

Howard E. Kane
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Howard E. Kane
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

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3 Answers | Asked in Estate Planning and Probate for California on
Q: I have POA of my ex husband he has dementia. We want to put our son on his house deed to avoid probate...can I do this?

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?

Howard E. Kane
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Howard E. Kane
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.

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2 Answers | Asked in Probate for California on
Q: My mom died Dec 21,2022. She has a Will. How do I file Will with the court? I hope I won't b penalized for being late
Howard E. Kane
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Howard E. Kane
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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4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My father lives in California, n owns 4 acres in Antwerp, New York, He wants to Will it to me. Should he? Or a diff way?

Basically my father wants to leave the property he has in New York State to me in a Will, 4 acres, 2 to me and 2 acres to his stepson and Step Daughter. What I would like to know if it is best to Will it to us or if there is another way we should be handling it before he passes on? I and him live... View More

Howard E. Kane
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Howard E. Kane
answered on Jan 29, 2023

Greetings Chico. I agree with the other attorneys' answers, however, I wanted to add that your father can execute and record a new deed adding you as a joint tenant with the right of survivorship. If you survive your father, then you will become the sole owner after recording a Affidavit of... View More

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2 Answers | Asked in Estate Planning for California on
Q: My brother in law and husband inherited their mothers home.

They are not selling it at present. They both own it as joint tenancy. So basically if one dies the other automatically owns it. But my husband wants his half to go to our kids. Would a living trust simply stating his wants be enough to over ride the joint tenancy? And would he need to make the... View More

Howard E. Kane
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Howard E. Kane
answered on Jan 27, 2023

As a first step, I recommend severing the joint tenancy by filing a tenancy in common (TIC) deed. The next step is to create a living trust and then fund the trust with the property by way of a trust transfer deed. This will insure a smooth transfer of the property without probate to your kids... View More

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2 Answers | Asked in Probate for California on
Q: My father passed away a week ago and I have a will in hand dated 1990. Is it valid? When should I file it?

In the 1990 will my mother and I are beneficiaries. They divorced in 1991 and he remarried in 1998. Does this make the entire will invalid or just his ex-wife's portion? Do I have to wait 40 days to file the will?

Howard E. Kane
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Howard E. Kane
answered on Jan 26, 2023

Assuming the 1990 Will was properly drafted, executed, and witnessed, is valid unless another Will superseded the 1990 Will. I would have a probate attorney review the 1990 Will and the divorce decree to see if there is any conflict. I would also check with the new spouse to see if she has an... View More

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3 Answers | Asked in Probate for California on
Q: I lived with my boyfriend for 7 years. He died in a work accident. He had no will or beneficiary listed on any assets or

Insurance policies. He always said I would be taken care of if he died. No where am I listed as a beneficiary to his investment accounts, house, bank accounts, etc. He leaves behind 2 sisters he had no contact with for over 20 years. Do I have any standing to sue his estate? Numerous friends and... View More

Howard E. Kane
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Howard E. Kane
answered on Jan 26, 2023

I'm sorry about your loss and the lack of an estate plan. I too must be the bearer of bad news. I have personal experience representing estranged siblings in probate court who end up inheriting even though their deceased sibling "promised" to take care of non-family members who end... View More

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