In certain circumstances, a donative transfer is presumed to be the product of fraud or undue influence. This includes when the transfer is to a person who drafted the Will, a caretaker, etc. I recommend reviewing Probate Code section 21380 to see if any of the relationships or connections... View More

I agree that the money will most likely be held in trust for your son until he reaches at least 18, perhaps longer depending on the terms of the Will and/or Trust. When your son reaches 18, there is most likely no oversight that you or anyone else will be able to provide unless the Will and/or... View More

I agree that a quiet title action may be necessary. A quiet title action is a judicial proceeding whereby a party seeks to establish an interest of record in real property (e.g., ownership through adverse possession, a prescriptive easement), or remove liens and encumbrances affecting title (e.g.,... View More

If your parents are still alive, they should definitely have a trust (and other estate planning documents) that names you as their beneficiary of the home. You should also have a trust and name your beneficiaries so that your beneficiaries can avoid the probate process. It's never too early... View More

I'd be happy to explain the probate paperwork to you. Simply email it over to me and we can set up a consultation.

If your boyfriend passed without a will, then his estate should be distributed through the laws of intestate Succession found in Probate Code section 6400 - 6414. Under no circumstances is your boyfriend's ex-wife (assuming they were actually divorced) considered next of kin.

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

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

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

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

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

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

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

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

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.

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

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

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

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

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