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

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

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

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

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'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

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

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

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

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

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

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

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.

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'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

I recommend that both of you sign waivers, however, technically you may not need to sign a waiver.

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.

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

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 may be able to assist you. Call me to see how I may be able to assist.