What if someone is living in property? I.e... Relative, renter, caretaker
answered on Sep 27, 2018
This is a usual type of situation and hopefully the heirs of the homeowner are on top of the situation. The mortgage and the obligation to make mortgage payments stays on the property after the death of the homeowner. If the payments are not made late charges will accrue and eventually the... View More 
My mom is in the will and gets half of the sale of the home. She is pushing her brother to file probate and so far nothing has been done.
answered on Aug 23, 2018
It is not unusual for executors to not be prompt in getting their act together to file. However, I don't blame your mom to want to get on with it. Since your mom is in the will, meaning she is an heir/beneficiary, she has a legal right to file a petition for probate in the county where the... View More
In 2009, my grandmother paid a real estate broker (referred by a church member) draw up a revocable living trust for her house (it's listed in exhibit A of the trust), he didn't tell her she needed a quitclaim deed. She died 2/11/18 not realizing this was an issue. My Aunt is successor... View More
answered on Aug 23, 2018
Sorry to hear about your situation. The proper title would be " PETITION FOR DETERMINATION OF TRUST ASSETS
[P.C. §17200]". I just did one in the Orange County Superior court and it was successful. It could also be referred to as an 850 petition. Also, I was able to get an... View More
answered on Jul 30, 2018
This is a good question and it is important to be proactive about this situation. First, you will need to see the dad's will and trust if there is one. Those documents would say what your son does and does not get to inherit. These documents should be provided by the person handling the... View More
Now that the final order has been signed and filed in the court, what is the legal requirements and time frame for the executor to now distribute the funds to the beneficiaries which there are only 2, the executor and myself. Thank you.
answered on Jul 23, 2018
Hi, the law mandates distribution within a "reasonable time". There is no set number of days in which to do this because different circumstances dictate doing different things to accomplish the distribution. If you are not satisfied with the progress then you should write a letter, keep... View More
when the completed documents are signed. I am not happy with the services. I leave messages that are not responded to and I have questions that I must reasearch on my own. Thank you
answered on Jul 10, 2018
I appreciate your concern as you are entitled to professional service. If there is a written fee agreement with the lawyer, you may be obligated under that agreement to continue working with him to get the trust finished. You should make all of your requests to him in the form of written letters... View More
Thirteen years ago my husband and I had our living trust, will and healthcare advanced directive done by an attorney. The attorney retired. My husband passed away three years ago of cancer. I became disabled. We lost all our assets due to not having work, no medical insurance and SSDI had not been... View More
answered on Jul 10, 2018
I am sorry to hear of your unfortunate situation. Your trust is a private contract and only controls the assets that you still own at your death. In that sense, your trust is not "outdated", but rather it has no assets to distribute or administer. Since your trust is revocable and not... View More
should I sign this?
answered on Jul 10, 2018
Yes, you should sign it to receive a copy of the trust since you might be mentioned in it. The law requires that all trust beneficiaries and all heirs (even if the heirs aren't mentioned in the trust) be notified of the change in trustees resulting from the death and the that notice give the... View More
my school loan advisor told me that someone claiming to be my spouse tired to have me declared dead to stop the school from taking my tax return how can.i find out WHO???????
answered on Jul 6, 2018
Wow that sounds like a huge scam! You should write a letter (keep a copy) and send it certified mail return receipt requested to hour school loan advisor asking the questions: (1) who claimed to be your spouse; (2) what written documentation was presented making this claim; and (3) pleas provide a... View More
More then five years ago my grandparents left behind estate and trust to me years ago but I never recieved anything who every had authority to past the assets down never followed the law and furthermore they still hold the property and trust until this day not flowing through on my grand father... View More
answered on Jul 5, 2018
Sorry to hear about your situation. The simple answer to your question is "yes". A court petition (lawsuit) can and should be filed as soon as possible before the assets are gone and dissapated. You need to have a lawyer review the entire situation and see what papers have been filed... View More
answered on Jul 4, 2018
The answer to this question is maybe. It would depend upon if the pension income was going to continue after the death of the person whose estate is being probated. The probate attorney preparing the DE111 would need to see the various papers describing the pension plan as there are many... View More
I want to stop this probate case. It is fraudulent! My grandmother did not own any real property. Turns out that supposedly I gifted my dying grandma my house! That is a LIE. No wonder I didn't know about any probate case until recently. My uncle was doing this very quietly. I didn't know... View More
answered on Jul 3, 2018
I sympathize with your situation. There are fraudulent real estate transfers from time to time and is takes a huge effort to unwind them and get the property title back into your name. This is something that you must retain a lawyer to handle for you and to go through all the facts and... View More
She has been told that she has No standing as a daughter/beneficiary due to her not having been adopted by our mother... I am no lawyer, but my own research found 1993, Ch. 529, Sec. 5. as a possible effort to remedy such relationship situations? Prob Code Chapter 2 6454?
(a) (b) legal barrier"??
answered on Jul 2, 2018
You are correct that in some instances under probate code §6454 a person in these circumstances may be able to establish a right to inherit. An estate/probate lawyer would need to be retained to examine the situation and make a claim if the facts exist to establish the pc§6454 factors of (a)... View More
He died November 2014
answered on Jul 2, 2018
Unfortunately this is a situation that happens often. When someone dies without a will, there needs to be a person appointed by the probate court system to sign for and speak for the deceased person. As a child of your father, you are legally eligible to file a probate court petition and ask that... View More
They are in Kentucky Probate, and his Sister isn't cooperating. She's auctioned off most of the belongings. Now, she's allowing her Daughter to build on an area that is willed to Robert, my friend. They have an August hearing. What are Robert's rights? He has an Attorney,... View More
answered on Jul 2, 2018
The answer to your question is that Robert needs to retain a Kentucky estate and probate lawyer because the probate is in Kentucky. I am a California licensed attorney and can only answer questions about California law. Each state in the United states has its own separate laws and its own... View More
with no need for probate?
answered on Jul 2, 2018
This is a very normal and thoughtful question. Generally speaking, assets such as life insurance policies and pension plans and 401k plans which have their own beneficiary designations (i.e. payable on death instructions) are not subject to probate so are not included in the personal property on... View More
And if so, is it hard to get bonded, & do you need to have good credit to get bonded
answered on Jun 27, 2018
Yes, an administrator does have to get bonded unless the will (if there is a will) waives the requirement of the bond. Also, a bond may not be required if all the estate heirs sign appropriate court forms to waive the bonding requirement.
A bond can be hard to get or easy to get. It... View More
Can the residents still live in the house while in probate. And how much time do they have to move out & can my probate Attorney file papers to have them vacate
answered on Jun 27, 2018
The rights to house residents to live in the house depends upon what their legal status is. If they are tenants under a written lease then they can stay as long as the lease allows as long as they pay the rent and other stuff required by the lease.
If they are relatives or friends of the... View More
Can the other administrator have them evicted. Because I don't want them living there until there's a buyer
answered on Jun 27, 2018
This is a legitimate concern. However, administrators have broad latitude to manage the estate assets during probate. If one administrator wants to have the other administrator evicted then the one wanting to do the eviction should have a lawyer to advise and consider all the alternatives.... View More
He is no longer trust attorney. I wanted to clarify my parents intentions regarding one section in the trust
answered on Jun 26, 2018
That is a good question and one that I see often. While your parents are alive, the attorney who prepared the trust is their attorney and it is improper and unethical for the attorney to discuss or disclose the trust to anyone except your parents which are his clients. That is what is known as... View More
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