Get free answers to your legal questions from lawyers in your area.
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 
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
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
ordinance # so there is no transfer tax due, can you help
answered on Mar 31, 2023
The transfer tax exemptions are contained in Revenue and Taxation Code sections 11911-11930. Section 11930 exempts transfers into trusts. This needs to be written into the Trust Transfer Deed, normally towards the top. I recommend that you have an attorney handle this.
able to make other decisions or does he need another POA to do that?
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,... View More
I do not have the title to the mobile home, there is no trust or will either that I am aware of.
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
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
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
Of course for a small fee for there time ,.
answered on Mar 1, 2023
Yes! I consult regarding probate matters so feel free to email or call my office.
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
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
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?
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.
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.
answered on Jan 29, 2023
Yes. In this case, the life insurance policy is a non-probate asset. You can use a non-probate asset to pay probate attorney fees and other costs of probate administration.
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
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
Mother is decedent. Has a Will. I am only living child and next of kin. She was a widow
answered on Jan 28, 2023
Probate attorneys do not get paid until the judge authorizes payment to both the attorney and the executor/administrator. Yes, I can assist. Call me to discuss.
Pro Bono Attorney mom passed away has a will. I am only living child and in will as executor #2 the #1 passed away before my mom. Need help file petition probate
answered on Jan 28, 2023
I'm sorry to hear about your mom passing. Please call me so that we can discuss how I can best assist you through the process.
Mom has Will. Has home w a mortgage, appraised 350,000. I am in Will as executor and I am the only living child. Mom was a widow.
answered on Jan 28, 2023
Attorneys cannot be paid for representing executors or administrators in probate court absent a court order. Typically the property gets sold to pay all probate-related fees and fees of the estate. With that said, call me if you would like to discuss how I can best represent you through the... View More
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
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
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?
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
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
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
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.
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... View More
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
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,... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
