My roommate’s mother passed away a couple months ago. He and his brother are her only surviving family, but they are estranged due to my roommate coming out as a gay man. He believes that she had no will. When my roommate went home for the funeral, he discovered his mother’s home had been... Read more »
After a person passes away in California, depending on the value of the estate, the executor of his/her estate may need to probate the will with the local court. To start probate, an estate representative (usually the executor) files a Petition for probate of will with the local superior court in...Read more »
Unfortunately, you get what you pay for with most online estate planning documents and there is very little room if any for much-needed customization. I recommend having an attorney craft your estate plan to properly preserve your legacy.
decedent passed away and his personal property was stolen and sold at yard sales. including his vehicles. can the decedents owners manuals be used as ownership proof for the stolen items? there are declarations from people that lived in the same household as the decedent that have filed with the... Read more »
Per Probate Code section 859, if items of personal property were stolen from the estate, then the person shall be liable for twice the value of the property recovered by an action under section 859. The evidence code details many different types of evidence, and documentary evidence such as owners...Read more »
Per stirpes is a Latin phrase that translates literally to “by roots” or “by branch.” In the estate administration context, a per stirpes distribution means that a beneficiary's share passes to their lineal descendants if the beneficiary dies before the inheritance vests. For...Read more »
My father passed away in 2011 and my grandmother in 2020 she left no will and my cousin who's father is still living and married is trying to become the administrator for my grandmother's estate. She had no will and 4 living sons. She wants to sell her house and we want to stop her. the... Read more »
I recommend that you file a written objection with the court as soon as possible. I also recommend that you attend the court hearing to make sure that your objection is heard. In addition, if the appointed administrator has full authority and decides to sell the house, then you will still have...Read more »
Hello, my sister was my moms conservator but she fell ill and I guess when they couldn’t get it touch with her and claim they had no way to contact me so they appointed a public guardian. Now my mothers in the hospital I’m unable to make certain decisions i Need to find out how to file to... Read more »
I'm very sorry to hear about your mom's situation and your sister falling ill. The official California Courts website is a good place to start the conservatorship process. A link to the self-help conservatorship web page is as follows:...Read more »
If a parent dies without a Will, then the probate process which is supervised by the court may be necessary to settle the estate. This is especially true if the parent-owned real estate. I would consult with a local attorney so that the assets and debts can be inventoried. From there, you can...Read more »
I have a transfer on death dead for my dad and a separate one for my stepmom. They are joint owners of a home and I am the sole beneficiary for both. My dad passed away. Do I now own his 50% share of the home or is his share now owned by his widow?
The technical requirements for a transfer on death (TOD) deed are simple but very strict, and errors can void the TOD deed. Unfortunately, a TOD deed cannot be used to transfer property held in joint tenancy or as community property with the right of survivorship.
B (NY) left her estate to two sisters; A (NY) and M (FL). The sisters both predeceased B. Beneficiaries to A's estate are her two children (NY). The beneficiaries to M's estate are brother P (CA), and niece, J (FL). P is the last living sibling to B, A, and M.
I would begin with reading the Will. The Will could and should very clearly provide the answer. The original Will should be lodged with the court in the jurisdiction where the decedent lived. Since both A and M predeceased B, B's estate was never vested in the estate of either A or M....Read more »
Are you preparing to fax file? If so, most courts require a special fax cover sheet that identifies the documents being filed and the amount pages. Unfortunately, the San Bernadino court website doesn't provide such a form. I would call the probate clerk and ask.
Oftentimes with cash and stock accounts, the account holder lists the beneficiary through "pay on death" paperwork held by the financial institution. If no beneficiaries are listed, then an Affidavit per California Probate Code section 13100 should work if the assets are below the...Read more »
My husband just passed away. Our house is held as community property with right of survivorship. I am the sole beneficiary of his retirement accounts and bank accounts. His will left 10% to my daughter. Do I need a probate ? Can I settle the 10% of the estate to my daughter without the probation?... Read more »
I'm very sorry to hear about your husband's passing. Yes, you should be able to avoid probate. The key here is that you have access to all accounts. You can transfer your daughter's inheritance to her, or set up a trust for her if her funds need management due to her age or other factors.
To properly fund a trust with real estate, the individuals need to deed the property to the trustees of the trust and then record the deed. For the trustees of the trust to then transfer the property, they need to gift the property as trustees of the trust (not individuals) via deed. The...Read more »
I'm sorry to hear about your husband's passing. There is no need to petition the court for probate of a particular asset and have it transferred to you by order of the probate court unless there is no other legal way to transfer the asset to you. It's also a good idea to do some...Read more »
The procedure for obtaining a proper citation is detailed in Probate Code sections 1240-1242. The consequence for violating a court order includes a bench warrant to secure the appearance of the person properly cited. PC 1240-1242 reads as follows:
You can place a lien on the respondent's real estate by recording a certified copy of the Abstract of Judgment at the County Recorder's Office where the respondent owns property. I also recommend speaking with a seasoned collections attorney who can spell out a variety of other...Read more »
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