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 
4 named sibs on Will. During Probate, 1 of the named sibs died. Does their share go to their children?
answered on Jan 17, 2023
Yes. Probate Code section 21110 requires the issue (in this case children) of the deceased transferee to take in the deceased transferee’s place unless the will specifies otherwise.
plus make sure any expenses (like hiring a lawyer) are repaid him. How do we approach this pls? We're in California, and shouldn't have to go thru probate (under $165K x 2). Thanks
answered on Oct 31, 2022
Greetings Eureka,
It sounds like it is time for you to draft a simple estate plan which spells out compensation to the executor. I can help you with this. Call or email me to set up a consultation.
My dad passed away I am his only child and have 3 kids. My dad left no will and was living in a house that was left in a trust to him and my aunts equally by my grandma. They want to sell the house. That’s fine. They wanted me to sign probate papers and I won’t because I can’t get a lawyer to... View More
answered on Oct 31, 2022
I'd be happy to explain the probate paperwork to you. Simply email it over to me and we can set up a consultation.
We recently purchased a home and my dad is married to someone that is not my mother. Would his rights of the property transfer to me or would it be handed over to his spouse. When we closed on the home, they did make her sign a paper acknowledging that she was not going to be on the deed to the... View More
answered on Oct 5, 2022
If the joint tenancy deed remains intact, then you will be the sole owner upon your father's passing. However, you will need to file/record an Affidavit of Death of Joint Tenant with the county recorder's office. However, a joint tenancy deed can be terminated if either joint tenant... View More
answered on Sep 22, 2022
What amendments to your trust need to be made? A properly drafted California Revocable Living Trust (RLT) should hold up in another state. What would be the benefit of delaying amendments? As a general rule, I recommend making amendments sooner rather than later, especially if they are material... View More
California residents
answered on Sep 21, 2022
I am so sorry to hear about your son's passing. Did your son designate a beneficiary for his 401K? Was that his only asset? If so, the 401K should pass directly to his named beneficiary, and it would be difficult for creditors to levy that asset. Notice to the creditors of your son's... View More
My name is in a will. My parents are deceased as of 2019. the Lawyer who executed the will. Response is I need a lawyer to discuss the will.
I am looking to have a lawyer represent me to discuss what is my inherited stake in a will.
answered on Sep 20, 2022
First off, I'm very sorry to hear about your parents' passing. I am a local probate and estate planning, attorney. I would be happy to discuss the situation with you and explain the next steps. Call me at your convenience.
Best regards,
Howard
answered on Sep 20, 2022
Greetings Shingletown,
I agree with attorney Dickinson's response. I would be happy to take a look at the existing deed. Feel free to take a picture or scan it and email it to me. Both you and your grandma may need further estate planning to prevent a big mess.
Best regards,
Howard
Personal Representative/Administrator?
answered on Sep 18, 2022
Absolutely not! Options include (but are not limited to) backing the petitioner by nominating them; Objecting to the petition by providing reasons as to why the particular petitioner should not be appointed administrator; Filing a competing petition and nominating another person who may be a more... View More
answered on Sep 16, 2022
From your questions, I'm assuming the property was properly funded into a valid trust prior to passing away. If so, I highly recommend reading the relevant trust document provisions to see if there is any particular directive regarding the disposition of this asset. Frankly, it's... View More
It is a life insurance policy. The Decedent owned the policy, I am the payee, my son is the insured. Whose name should by on line 7, as the successor (s) of the estate?
answered on Sep 13, 2022
In general, when an estate can settle through a small estate affidavit (as opposed to probate), the legal heirs are determined by Probate Code section 6400 et seq. However, life insurance policies name the beneficiary. Who is the named beneficiary? If there is a named beneficiary, then there is... View More
Revocable trust was created in Florida but has now become a irrevocable trust. Both the trustee with financial power of attorney and the beneficiary reside in California.What state has jurisdiction? The trustee has not contacted the beneficiary and has not responded to any emails, calls requesting... View More
answered on Sep 18, 2022
I would review the trust document in detail. Oftentimes, jurisdiction is may be dictated in the trust document. However, as a practical matter, since both the trustee and the beneficiary live in California, no one should object to California having jurisdiction.
What do I do now .she also left me papers that are legalized saying the home is mine
answered on Sep 18, 2022
Before I can completely answer your question, I would want to know more about who the people are that are telling you to move, and why they think they have the legal authority to make this demand. Did your grandmother have a mortgage on the home? Was the home lost in foreclosure or to a tax lien... View More
in California. Do you know if it is accepted?. If not does you organization help Seniors on this?. Thanks ,
answered on Jun 27, 2022
The devil is in the details with the Nolo software as well as other self-help software. One very common problem that I see is the proper funding of the trust. Once the trust document is prepared, all assets need to be properly funded into the trust. Nolo and other self-help software programs do... View More
My husband has 6 siblings all beneficiary’s of an estate in probate. My husband wants me to handle the probate and so do 3 other siblings because their sister the one in charge is mishandling things. Am I allowed to do that being that I am only a sister in law ?
answered on Jun 23, 2022
It will be more air-tight if your husband or one of his siblings petitions for the removal of the existing administrator per Probate section 8500 and at the same time, nominates you as the successor per Probate Code section 8520. Here is a link to the code sections:... View More
Also one of the beneficiaries has passed away was paperwork suppose to be submitted to the court to show this? The current administrator is not trustworthy at all can she hide the money once property is sold by any chance?
answered on Jun 23, 2022
No. According to Probate Code section 8500, any interested party can petition the court to remove an administrator. The language of section 8500 is as follows:
8500. (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may... View More
She moved away is not communicating with anyone and has mental issues.
answered on Jun 23, 2022
The process involves filing a petition with the court that has jurisdiction over the matter. The absentee administrator may not object to being removed and may be relieved that someone is willing to take over the responsibility. Any interested person has the right to file a petition in the Probate... View More
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