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Questions Answered by Howard E. Kane
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,... Read 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... Read 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... Read 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... Read 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,...
Read more »

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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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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3 Answers | Asked in Probate and Estate Planning for California on
Q: Yes, my father passed away without a will. My mother is asking me to sign a bond waiver. Before my dad passed away.

My grandparents left a cabin to him. In the living trust, they left a portion to all four of us boys, so why would she have a side of a bondwaiver before it goes to the probate.

Howard E. Kane
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Howard E. Kane
answered on Jan 24, 2023

I'm sorry to hear about your dad passing. According to the probate code, as the surviving spouse, your mom has priority to act as the administrator of your father's probate estate. The court can waive the bond requirement if all beneficiaries sign a bond waiver. If all beneficiaries do... Read more »

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Quick claim deed left to mom by her father and both have passed.but her brother lived in house until his death he paid

The taxes but never changed the deed dose he and his children now own the house.and if not what do her children do now

Howard E. Kane
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Howard E. Kane
answered on Jan 21, 2023

In order to claim property through adverse possession, there must be uninterrupted and continuous possession of the property for at least five years. Once the adverse possessor invades the property, the clock begins ticking on the five-year requirement. If the true owner resumes possession,... Read more »

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1 Answer | Asked in Probate for California on
Q: Have a court date tomorrow on probate with wondering if I could file a continuance and talk to a lawyer
Howard E. Kane
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Howard E. Kane
answered on Nov 22, 2022

Yes, you can certainly request a continuance at the time of the hearing or beforehand. Oftentimes you can call the court clerk beforehand and request a continuance. Worst-case scenario, you can request the continuance at the hearing. I also recommend checking the probate examiner's notes on... Read more »

1 Answer | Asked in Banking, Civil Litigation and Probate for California on
Q: If a trust lists a bank account, but the account is not titled as a trust account, can the bank give it to the trust?

The account was over the limit for small estates. Titled as single owner no POD. NO Heggstad petition. Does this account remain the property of the estate or can a bank legally give the money to the trust without court approval.?

Howard E. Kane
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Howard E. Kane
answered on Nov 17, 2022

The bank will not turn over the funds to the Trust absent a court order. Through a Heggstad petition, you can ask the court to fund the bank account into the trust. Since the trust lists this account, a Heggstad should be granted. Unfortunately, in Alameda County, it takes around 9 months to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: In California, can one owner of a house charge their co-owner rent? More information below.

Let's say two people co-own a house in Santa Ana, CA, but only one of them is living in the house. Can the one living *outside* the house charge rent to the one living inside? (My mother and aunt are co-landladies of a house. My mom wants to move into that house, but her sister would charge... Read more »

Howard E. Kane
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Howard E. Kane
answered on Nov 2, 2022

This is a really good question that comes up regularly in co-ownership situations. The co-owners should sit down with an attorney or mediator and come up with a co-ownership agreement. Legally, both co-owners are entitled to possession, responsible for the bills and costs associated with... Read more »

1 Answer | Asked in Probate for California on
Q: In California where does the money go when an executor is appointed and needs to distribute funds and pay creditors..

The current executor disappeared we're in the process of me trying to get appointed as new executor and I need to find out how much or what has happened in what has happened in the account or where the funds are at funds are at for my father's estate

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

The current executor should have opened up a bank account and funded the account with cash from the estate. You should ask around to find out who may know where the account is. In addition, the executor is required to provide an accounting to the probate court and beneficiaries before they are... Read more »

1 Answer | Asked in Probate for California on
Q: Can a credit card company come after the estate [what little there is in it]?

I am a California resident. My husband died a few months ago. There is nothing in his estate except for 2 cars that are both over 15 years old. I do not know the cars' market value, but they are not in very good shape. The only other thing I have is the life insurance money.

I've... Read more »

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

I'm very sorry to hear that your husband passed. I hope that you are doing ok. The life insurance proceeds are not part of your husband's estate. Also, I highly doubt that the credit card company will come after used cars, especially if they are in particularly poor condition.... Read more »

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