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Questions Answered by David L. Crockett
3 Answers | Asked in Probate for California on
Q: What happens to a mortgaged property when homeowner dies intestate and nothing is filed in probate.

What if someone is living in property? I.e... Relative, renter, caretaker

David L. Crockett
David L. Crockett 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... Read more »

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3 Answers | Asked in Probate for California on
Q: What should I do in CA if the executor has not filed probate within the 30 days required and has exceeded 3 months.

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.

David L. Crockett
David L. Crockett 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 person... Read more »

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3 Answers | Asked in Probate for California on
Q: What is the correct title for an 850 petition, and how much detail should I go into for the court?

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 trustee and... Read more »

David L. Crockett
David L. Crockett 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 earlier...
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2 Answers | Asked in Probate for California on
Q: How does my son claim inheritance money left to his dad before he passed away
David L. Crockett
David L. Crockett 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... Read more »

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1 Answer | Asked in Probate for California on
Q: Final order in probate cased signed and filed.

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.

David L. Crockett
David L. Crockett 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 a copy,... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Can I change a lawyer who is working on a living trust He has been paid one half of the fee, and the other half is due

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

David L. Crockett
David L. Crockett 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... Read more »

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1 Answer | Asked in Estate Planning for California on
Q: What happens if living trust is outdated at time of death and there are no survivors to settle the estate?

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... Read more »

David L. Crockett
David L. Crockett 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 registered... Read more »

2 Answers | Asked in Probate for California on
Q: received notification by trustee under probate code 16061.7 and it requests my signature to receive a copy of trust

should I sign this?

David L. Crockett
David L. Crockett 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... Read more »

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1 Answer | Asked in Probate for California on
Q: how can i find out who tried to have me declared dead

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???????

David L. Crockett
David L. Crockett 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... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Constitutional Law and Probate for California on
Q: Can my grandparents estates be stop and challenge because of wrongful people failed to seperate the property

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... Read more »

David L. Crockett
David L. Crockett 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 in the... Read more »

2 Answers | Asked in Probate for California on
Q: On the probate form DE111, are pensions included in the person property income?
David L. Crockett
David L. Crockett 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... Read more »

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2 Answers | Asked in Criminal Law, Real Estate Law, Probate and White Collar Crime for California on
Q: Uncle started a probate case for my grandmother. She did not own real estate, so I thought. How can I undo/stop probate?

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 I gifted... Read more »

David L. Crockett
David L. Crockett 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... Read more »

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1 Answer | Asked in Probate for California on
Q: Adult sister being left out of inheritance due to "foster" daughter status, deceased-Mom had legal guardianship of her?

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... Read more »

David L. Crockett
David L. Crockett 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)... Read more »

1 Answer | Asked in Probate for California on
Q: My father died without a will. How can I find out if there are life insurance policies, etc or rights to any property...

He died November 2014

David L. Crockett
David L. Crockett 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... Read more »

2 Answers | Asked in Probate for California on
Q: Hello. My friend's Father passed away last November, at 95. His Sister had been his legal guardian, for the past 2 yrs

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, but it seems his... Read more »

David L. Crockett
David L. Crockett 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... Read more »

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2 Answers | Asked in Probate for California on
Q: On the DE111 form for Petition to Probate is a 401K included in the personal property even though it has a beneficiary

with no need for probate?

David L. Crockett
David L. Crockett 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... Read more »

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1 Answer | Asked in Probate for California on
Q: Does an administrator have to be bonded for probate.

And if so, is it hard to get bonded, & do you need to have good credit to get bonded

David L. Crockett
David L. Crockett 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...
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1 Answer | Asked in Probate for California on
Q: How many Death certificates does a probate Attorney need.

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

David L. Crockett
David L. Crockett 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...
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1 Answer | Asked in Probate for California on
Q: If the judge agreed to 2 adminstrators of my deceased parents estate.

Can the other administrator have them evicted. Because I don't want them living there until there's a buyer

David L. Crockett
David L. Crockett 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.... Read more »

1 Answer | Asked in Probate for California on
Q: The attorney who wrote my parents trust told me he could not discuss the trust with me. Is that right?

He is no longer trust attorney. I wanted to clarify my parents intentions regarding one section in the trust

David L. Crockett
David L. Crockett 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... Read more »

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