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

I am an estate planning/probate attorney and also a licensed real estate broker. I recommend entering into a proper Purchase Agreement for Vacant Land and having a title/escrow company issue title insurance. The title company may require additional documentation before they issue the title... View More

In California, there are three steps to getting a copy of a trust document:

1) Make a written demand for a copy of the trust and its amendments, if any;

2) Wait 60 days; and

30 If you do not receive a copy of the trust within 60 days of making your written demand, file a... View More

Most mortgage loan agreements have a clause that requires the home to be refinanced upon the death of the borrower. However, as a practical matter, the mortgage company may not find out about the borrower's death for a while. If you suspect that you may pass before the beneficiaries reach the... View More

Oftentimes a Will will cancel debts owed to the estate. If your brother is the administrator (not the executor of the Will), then this suggests there was no Will. Proper administration of the estate requires that your brother prepare an inventory, accounting, and request final distribution by way... View More

I suspect that if the document examiner is not competent, then the court would have figured that out beforehand and they would have been fired. However, if you wish to challenge their opinion by establishing that the document examiner did not take time to properly evaluate the matter, then the... View More

I'm sorry to hear about your loss. If the property is in a Trust, then the Trust may discuss the issue of possession. However, if the property is mentioned in your father's Will, then your brother should file a Petition for Probate so that ownership can be transferred to you and your... View More

There is no need to record a Deed. Instead, I recommend obtaining a certified copy of the spousal property Order and then recording the certified copy of the Order at the county recorder's office.

If your grandparents did not have a living trust, then the property must go through the probate process to change the title from your grandparents to their heirs or beneficiaries. In the alternative, the home will be sold through probate, and the proceeds of the sale will eventually be distributed... View More

Financial Power of Attorney expires upon death, so the co-executor should not act under the power of attorney. Probate may be necessary, however, I would first check with the bank to see if your father left pay-on-death instructions with the bank. If so, then there is no need to probate the cash,... View More

Co-ownership can be tricky and a co-ownership agreement isn't a bad idea. In addition, separate living trusts or separate living trusts regarding this asset is a good route to go. Sometimes co-owners own real estate a joint tenants with right of survivorship which may not be appropriate if... View More

Santa Clara County, California is the proper venue since your father resided and owned real estate there. The probate process will take a minimum of 6 months to complete. Call me if you would like more details on how to proceed.

I'm sorry that your consultations went badly. Most California real estate needs to pass through the probate process and the affidavit process cannot be used unless the real estate is of very low value. Attorneys do need to get paid for their work through the process. There are creative ways... View More

As a practical matter, I would try to locate the attorney who originally drafted the Will and supervised the execution of the Will. The attorney will know if the Will is valid. However, if the Will does not look professionally drafted, and it looks like there may have been hanky-panky going on... View More

If your estate requires probate, then someone will ultimately petition the court to become executor in the absence of the Will nominating an executor. However, your estate may not require probate with simple estate planning. For bank accounts, you can designate beneficiaries with the bank, and... View More

The language of the trust should answer your question. Most revocable living trusts (RLT) name a successor trustee. The language of most RLT's normally give the successor trustee broad discretion to hold onto the property or to sell it. There is typically no strict timeline.

While I love the Mendocino Coast (and Albion in particular), I'm confused about whether or not the Will clearly identifies a beneficiary under the circumstances. If the Will does not clearly identify a beneficiary, then the property may pass to the intestate heir or heirs. Please have an... View More

I agree with attorney Julie King's answer. I want to add that a Power of Attorney in California, which covers finances, is revocable and a very cost-effective estate planning tool that should be utilized if possible. It can go into effect immediately or can be "springing", meaning,... View More

I agree that the timeline for distributing trust assets is too long. Does the successor trustee have an attorney? If so, I would press the attorney for answers. If this gets stalled out much longer, you can hire an attorney to put some kind of pressure on the trustee to get this wrapped up. In... View More

I am not sure that you will prevail on a prescriptive easement claim. A prescriptive easement allows a trespasser to acquire the right to use the land of another without paying for it. To acquire a prescriptive easement over another's land, the following elements must be met (Felgenhauer v.... View More