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Questions Answered by Howard E. Kane
3 Answers | Asked in Probate for California on
Q: Do we have to go through probate for just a mobile home?

My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »

Howard E. Kane
Howard E. Kane answered on Jan 20, 2022

In California, Mobile Homes are registered through the Department of Housing and Urban Development. If there is a transfer on death beneficiary designated on the title of the Mobile Home, you can use the Department's internal form to transfer title. If there is not a transfer on death... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: How do my fiancé and I set up our financial plans and estate plans when he has a minor child by his late wife?

My fiancé and I live in California and are about 40 years old. We hope to marry and have children soon. He has one living ten year old son by late wife. I will likely need to reduce or even quit work to care for his child once we marry. My fiancé has significantly more money, including retirement... Read more »

Howard E. Kane
Howard E. Kane answered on Jan 19, 2022

I agree with you that as a new couple, you need a financial plan to be put together with the assistance of a financial planner. I also recommend a pre-nuptial agreement aka "prenup" to address your commingling and financial planning concerns. Prenups are typically handled by family law... Read more »

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2 Answers | Asked in Probate for California on
Q: My brother passed away without a will single never married no children both parents deceased leaving 2 siblings

He had a pension but never received it are my brother &I entitled to any of it if so how do I inquire about it

Howard E. Kane
Howard E. Kane answered on Jan 18, 2022

Most workplace and private pension schemes provide death benefits and, in the event of death, the beneficiaries should contact the pension scheme administrator for more information. Pensions are considered to sit outside of the estate, which means that when the pension holder dies, their... Read more »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: I am the trustee on my grandparents living trust. Who are their beneficiaries?

I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »

Howard E. Kane
Howard E. Kane answered on Jan 10, 2022

I'm sorry to hear about your mom's passing. I recommend that you have an attorney review the estate planning documents to help you understand the content. Due to COVID, it may be best to scan the documents so that they can be emailed to an attorney for review. It is also a good idea to... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: My mother has a trust for her house. She has recently sold the house. If she passes away is the trust valid.

will the funds need to be disbursed to the people named in the trust. The house was the only item in the trust.

Howard E. Kane
Howard E. Kane answered on Jan 6, 2022

Trusts and estate plans need maintenance just like a car or home. It sounds like your mom's estate plan needs some attention now that the house has been sold. A properly created trust typically remains valid even if no property is currently contained in the trust. Your mother can set up a... Read more »

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1 Answer | Asked in Family Law and Probate for California on
Q: My uncle died in ca no will no spouse no children parents dead. He has 3 siblings but only 1 is alive. R niece an hier

child of deceased sibling

Howard E. Kane
Howard E. Kane answered on Jan 5, 2022

Yes, the children of your uncle's deceased siblings stand to inherit. The surviving sibling will receive 1/3 of the estate. The children of the first sibling to die will inherit 1/3 of the estate in equal shares. The children of the second sibling to die will likewise inherit 1/3 of the... Read more »

1 Answer | Asked in Probate for California on
Q: Do I need a probate bond waiver from my fathers sister?

My father died intestate. He has 4 children including myself. Do I need to request a bond waiver from everyone including his sisters and grandchildren? Or just his children?

Howard E. Kane
Howard E. Kane answered on Jan 4, 2022

A bond waiver is only necessary for those who stand to inherit. Under intestate succession, this should be limited to his children and possibly grandchildren if any of his children are deceased. Keep in mind that if the administrator lives out of state, the judge will most likely require a... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Our dad passed recently his home he owned is occupied by my exboyfriends and not sure what our options are

Is it legal for him to sell or take the home from the biological oldest daughter and keep or sell or rent it out??

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

Your ex boyfriend cannot sell or take the home from the biological oldest daughter, especially without a court order to do so. If your father's property was in a Trust, then the Trust will say what happens to the house now that your father passed. If the property was not in a Trust, then I... Read more »

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4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If a home is left to me would I still have to go through probate if the owner had put me on the deed? Thank you,
Howard E. Kane
Howard E. Kane answered on Dec 27, 2021

California also has a Transfer on Death (TOD) deed, which is another probate avoidance deed. This also requires that an Affidavit of Death be sent to the county recorder's office where the property is located.

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3 Answers | Asked in Estate Planning for California on
Q: Do I need to write a will to let my nephews get my Mobil home after I pass.? What kind of from do I have to full out?

My mobile home is small & not a new one.... Thanks

Howard E. Kane
Howard E. Kane answered on Dec 17, 2021

In California, Mobile Homes are registered through the Department of Housing and Urban Development. You should contact If there is a transfer on death beneficiary designated on the title of the Mobile Home, you can use the Department's internal form to transfer title.

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2 Answers | Asked in Divorce and Estate Planning for California on
Q: Does a notary have to be from California if Ex is living overseas?

1. My Ex-wife is living in Korea and will need to complete it there designating our son as her PoA representative. Can a notary at the US Embassy sign the form or does the notary have to be from California?

2. If she completes the form can a scanned and printed copy be used by my son to... Read more »

Howard E. Kane
Howard E. Kane answered on Dec 16, 2021

Your ex-wife can have her POA notarized out of state or out of the country. However, your son may need the original to conduct business on her behalf-- It depends on the financial institution, however, it is proper procedure to examine the original POA.

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1 Answer | Asked in Family Law and Probate for California on
Q: Mom passed away, no will, im the only child. She owns no real estate (was living in an apartment building owned by

my grandmother). Am i entitled to all her personal property? A house full of stuff & storage units.

My aunt & uncle are changing locks, telling me im not allowed over & threatening to have me arrested if i do. Can they do this, change locks & not allow me my mothers... Read more »

Howard E. Kane
Howard E. Kane answered on Nov 12, 2021

I'm sorry to hear about your mom's passing. Assuming no will is located, then the laws of intestate succession in California dictate that you are her only heir, and you are entitled to her property. If your relatives are making this difficult, then a probate case may need to be opened... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My mom passed away three months ago and I cannot find a wheel the lawyers out of his how do I find the copy of the will

I have power of attorney before she died. Her knee I think I still have it how do I find out if it carries on after death

Howard E. Kane
Howard E. Kane answered on Nov 11, 2021

I'm sorry to hear about your mom's passing. Unfortunately, the Power of Attorney expired upon her passing. However, there are a variety of methods that can be used to settle her estate, depending on how much the estate was worth. For instance, if your mom owned real estate and had a... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: What are my rights being the oldest son of a legal marriage that protect me from my younger halve brother taking father

Taking my father's assets He was born out of wedlock to my dad's lover

Howard E. Kane
Howard E. Kane answered on Nov 2, 2021

Absent an estate plan that states otherwise, a child born out of wedlock in California is still entitled to inheritance. It is important to encourage our parents to hire an experienced estate planning attorney so that their wishes can be properly spelled out.

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1 Answer | Asked in Probate for California on
Q: Should we re-submit a Residential Purchase Agreement per escrow's suggestion?

We made an offer on a probate sale property using Probate Purchase Agreement (PPA) form and was accepted. However, it required court's approval. The original PPA offer was signed by two sellers (siblings) as they're administrators. The court order was recently approved and the estate is... Read more »

Howard E. Kane
Howard E. Kane answered on Nov 1, 2021

Hi Toni,

If the property is part of a probate estate, then the Probate Purchase Agreement (PPA) should be used. Since the PPA has been signed by the administrators, then beneficiaries have 15 days to object to the sale which is the shortest route to getting the sale completed. Some...
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2 Answers | Asked in Probate for California on
Q: My mother never received her inheritance before she passed away. How do I make a claim towards her inheritance?

My grandfather passed away at the beginning of the year and then my mother passed away at the end of the same year before receiving her inheritance. Do I have any rights to her portion of the estate?

Howard E. Kane
Howard E. Kane answered on Oct 29, 2021

Most likely you are entitled to a portion of your grandfather's estate as well as your mom's estate. If your grandfather passed away without a Will, then your mother is entitled to inheritance through intestate succession. The same is true for your mom. If either your grandfather or... Read more »

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1 Answer | Asked in Probate for California on
Q: My roommate’s mother died recently. How can he find if there was a will or claim a right to the estate?

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 »

Howard E. Kane
Howard E. Kane answered on Oct 15, 2021

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 »

1 Answer | Asked in Probate for California on
Q: why would probate judge give someone a chance to amend a petition for revocation for probate of will if the petition was

filed after a 120 days which is past the statue of limitations in california

Howard E. Kane
Howard E. Kane answered on Oct 14, 2021

The process for petitioning to revoke probate of a will in California is codified in Probate Code section 8270 et seq. which reads as follows:

8270. (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person...
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2 Answers | Asked in Estate Planning for California on
Q: Don't want "per stipes"use in my online purchased Living Trust. All offspring in my sons' marriages are step-children.

I want wives to receive disbursements if sons pass.

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

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.

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1 Answer | Asked in Probate for California on
Q: can owners manuals be used as proof of ownership for probate code 850 and 859 hearing for stolen items from an estate

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 »

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

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 »

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