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Questions Answered by Michael Ellis Freedman
2 Answers | Asked in Probate for California on
Q: Im tired of trying to do this probate! I give up Can somebody help please Its out of LA Cali dept 11

Im Admin i want to finish this

Michael Ellis Freedman
Michael Ellis Freedman answered on May 30, 2019

Sorry about your frustration with the Probate process. Although it is somewhat easy to commence a probate by using the judicial counsel forms, the final steps to obtaining the court order for distribution is not done by form. You must file a petition and in many cases an account, provide a full... Read more »

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3 Answers | Asked in Probate for California on
Q: I can't get bonded to come Executor what are options?
Michael Ellis Freedman
Michael Ellis Freedman answered on Jun 16, 2017

I recommend that you retain a licensed professional fiduciary.

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5 Answers | Asked in Probate and Real Estate Law for California on
Q: Sell a deceased person's condo, with no will in California ($300,000). Brother and sister are only kin.
Michael Ellis Freedman
Michael Ellis Freedman answered on Mar 8, 2017

Before you can sell the real property, you must probate the estate. The deceased person died intestate, I assume, and so the court must appoint an administrator of the estate, and Letters of Administration will issue. The Letters will give the administrator the authority to list and sell the real... Read more »

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2 Answers | Asked in Probate for California on
Q: If I have a POA over all of my passing fathers assets including his house do I still need to petition for probate?

I have power of attorney for all of my dads assets but do I still need to petition for probate in order to access of all his bank accounts and to have his home changed into my name since he recently passed away?

Michael Ellis Freedman
Michael Ellis Freedman answered on Feb 21, 2017

Yes. A POA is no longer valid on the death of the principal. If the estate is less than $150,000, however, you may use a summary probate procedure under Probate Code Section 13100. Essentially, this is a declaration. If the estate is larger, and the decedent died with probate assets greater... Read more »

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2 Answers | Asked in Probate for California on
Q: If a house is in a trust, does it have to go thru probate?
Michael Ellis Freedman
Michael Ellis Freedman answered on Dec 21, 2016

Generally, no. If the property is properly funded to the trust, the trustee would eventually make the distribution of the property to the named beneficiaries. In some cases, there may be issues with the title to the property. The grant deed from the settlor must name the trustee of the trust.... Read more »

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2 Answers | Asked in Probate for California on
Q: my mother died oct 30 ,2016, I do not speak to my brother who also was her conservator, I have no knowlege if there is

will or trust, I have contacted the conservators attorney for the info, she has not responded to my request, we are talking about a 1 million dollar estate. What do you suggest

Michael Ellis Freedman
Michael Ellis Freedman answered on Dec 10, 2016

If your mother was not married, then your mother's children are her intestate heirs and you are entitled to proper notice, whether your mother had a will, a trust or died intestate. You are also entitled to the conservatorship pleadings filed. Although the conservatorship is now at an end,... Read more »

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2 Answers | Asked in Probate for California on
Q: Are there any specific types of property that automatically don't have to go through probate?
Michael Ellis Freedman
Michael Ellis Freedman answered on Dec 10, 2016

Yes, there are many non-probate assets. Multiparty accounts, in which either a joint account holder or named beneficiary will receive the account upon proof of death; Joint bank accounts, and joint real property will be transferred to the survivor; Retirement and IRAs in which a beneficiary is... Read more »

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4 Answers | Asked in Probate for California on
Q: My sister filed a probate case for our father wiout serving me. Can I file a request for dismissal?

I paid the court for a record search and that's how I found out what was going on. She also lied in the court docs saying there were no bills and I have bills. The estate is not worth what she's saying. It's less than 100,000.00. She also put the wrong court information in the... Read more »

Michael Ellis Freedman
Michael Ellis Freedman answered on Dec 9, 2016

Yes, you could have any order granting her petition to be appointed the administrator, if you were not served. The manner of doing so would require a petition to invalidate the court order based upon failure of notice. The entire process of petitioning for probate would probably need to commence... Read more »

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1 Answer | Asked in Probate for California on
Q: The personal representative who took over my father's estate is now refusing to distribute it.

Is there any recourse family members can take?

Michael Ellis Freedman
Michael Ellis Freedman answered on Dec 1, 2016

Yes, as long as a family member has standing. The family member must be either a beneficiary of the will, or an intestate heir if your father died without a will. You can file a petition for instructions to compel the personal representative to act by filing the requisite inventory and appraisal,... Read more »

1 Answer | Asked in Probate for California on
Q: How many probates will I need to receive inherited assets from my grandfather if my father and mother are also deceased?

My grandfather died many years ago. In his will, he left all of his assets to his two sons, one of which was my father. My father passed away, leaving all of his assets to my mother. My mother passed away, leaving all of her assets to her three children. 25 years later, we discovered that... Read more »

Michael Ellis Freedman
Michael Ellis Freedman answered on Nov 17, 2016

I have a case right now in which I had to re-open a probate from the 1970s due to assets owned by the decedent in Hong Kong. Of course, 40 years later, there were several probates and trust distributions that had taken place of the decedent's original beneficiaries. Your case appears very... Read more »

3 Answers | Asked in Probate for California on
Q: If creditors file a claim against my dad's estate, does that mean they get money before any of his kids?

Is there an order in which the assets have to be distributed?

Michael Ellis Freedman
Michael Ellis Freedman answered on Nov 15, 2016

That depends. There are many factors to take into consideration. The creditor's claim procedure is set forth in detail in the Probate Code. The first question is whether the personal representative provided notice to the creditor to begin the running of the time to file the creditor's... Read more »

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4 Answers | Asked in Probate for California on
Q: Can I file simple probate if there is no property, but a lawsuit will be filed afterward, poss. reaching 150k?

I cannot afford an attorney, so I have to file probate without legal help. The forms read less than or more than 150k. My mother had no house, car, jewelry, etc but passed of Mesothelioma, so there is a lawsuit pending. No one knows the outcome, but I don't want to make a mistake. Which should... Read more »

Michael Ellis Freedman
Michael Ellis Freedman answered on Nov 10, 2016

You should commence a probate if you are the executor of your mother's will, or if she had no will, the person with priority to be appointed the administrator of her estate. The purpose would be so that the personal injury litigation may proceed with a real party in interest. As the personal... Read more »

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