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Questions Answered by Howard E. Kane
2 Answers | Asked in Probate for California on
Q: Probate: I’m divorced and 17yr son is inheriting money from grandmother’s will (ex husband’s mom). What are my rights?

Do I have equal say on how the money is held, spent? Is my ex husband required to include me in decisions regarding our our son’s inheritance. I do believe the money will be put in trust as our son is a minor. I have not been provided with a copy of the Will? Living Trust? (Not sure which.) Do... View More

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: How do I remove a old loan lien from a company no longer around?

I inherited a house which was owned free and clear I had a lawyer help me through probate and paid of taxes and everything was put in my name and I have a the grant deed. I recently went for a home loan of credit and they are telling me theres a lien on the house, but the loan company that put it... View More

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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

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3 Answers | Asked in Estate Planning for California on
Q: I’m inheriting my parents home, do I need a will prior, or can I do it later when the home is in my name?

I do not have children, I’m Single, I live in California.

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: By me signing probate papers does that give up my right to my fathers portion of the house?

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

Howard E. Kane
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Howard E. Kane
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.

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2 Answers | Asked in Divorce and Estate Planning for California on
Q: Is the ex-wife next to kin?

My boyfriend passed away. The police identified my boyfriend’s mom as next to kin. She was able to plan for the funeral and handle his finances. Now my boyfriend's ex-wife is claiming she’s next to kin. She wanted to hear from police that he passed away but the police dept. never called... View More

Howard E. Kane
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Howard E. Kane
answered on Oct 31, 2022

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.

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3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: My dad and I are joint tenants of a home. If my dad passes does full ownership transfer over me or his wife?

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

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Estate Planning for California on
Q: planning to move out of california to another state - should I amend my existing living trust before or after ?
Howard E. Kane
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Howard E. Kane
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

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1 Answer | Asked in Estate Planning and Family Law for California on
Q: My son had 1 years worth of 401k from employer when he passed away along with debt. As next of kin do I pay all bills?

California residents

Howard E. Kane
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Howard E. Kane
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

2 Answers | Asked in Probate for California on
Q: Am I required to hire a lawyer to discuss a last will and testament. from a lawyer oversees a will.

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.

Howard E. Kane
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Howard E. Kane
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

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: If I have my name on the deed of the house and so does my grandma when my grandma passes away can my aunt take the home?
Howard E. Kane
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Howard E. Kane
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

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1 Answer | Asked in Probate for California on
Q: In matter of an intestate estate are the heirs required to sign a waiver if one heir applies to court to be

Personal Representative/Administrator?

Howard E. Kane
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Howard E. Kane
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

2 Answers | Asked in Estate Planning for California on
Q: Is it possible to leave a house in a trust after the owner of the house passes (in California
Howard E. Kane
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Howard E. Kane
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

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1 Answer | Asked in Probate for California on
Q: I am filling out an affidavit for small estate in California. On line 7, the successor to the estate, whose name(s) ?

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?

Howard E. Kane
PREMIUM
Howard E. Kane
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

2 Answers | Asked in Estate Planning for California on
Q: Revocable Trust created in Florida, now is irrevocable trust, both beneficiary, trustee live in CA. Jurisdiction?

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

Howard E. Kane
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Howard E. Kane
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.

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3 Answers | Asked in Estate Planning, Civil Litigation and Probate for California on
Q: My grandma's died in 2015,I've lived in her home for7 years after her death and now some people came and told me to move

What do I do now .she also left me papers that are legalized saying the home is mine

Howard E. Kane
PREMIUM
Howard E. Kane
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

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2 Answers | Asked in Estate Planning for California on
Q: I have purchased the NOLO press app for doing your own trust but friends are telling me that it may not be accepted i

in California. Do you know if it is accepted?. If not does you organization help Seniors on this?. Thanks ,

Howard E. Kane
PREMIUM
Howard E. Kane
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

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1 Answer | Asked in Estate Planning and Probate for California on
Q: Any interested party can request removal of an administrator? So if I am a sister in law can I petition the court?

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 ?

Howard E. Kane
PREMIUM
Howard E. Kane
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

1 Answer | Asked in Estate Planning and Probate for California on
Q: Does each beneficiary have to sign a petition to have the administrator removed ? Do all 6 have to be in agreement?

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?

Howard E. Kane
PREMIUM
Howard E. Kane
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...
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1 Answer | Asked in Probate for California on
Q: How do we remove an administrator from a probate? The one handling an Estate we live in is not following through.

She moved away is not communicating with anyone and has mental issues.

Howard E. Kane
PREMIUM
Howard E. Kane
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

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: On a Grant Deed of the vacant land lot property belongs to Trust

On a Grant Deed of the vacant land lot property belongs to Trust, the trustees are Husband and Wife, but they are currently divorced, the ex-husband has court documents the lot belongs to him.

To purchase this property do we need to record just a new Grant Deed with only his signature or... View More

Howard E. Kane
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Howard E. Kane
answered on Jun 23, 2022

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

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