For a house being sold through Probate, only the probate administrator/executor has authority to evict tenants. The administrator/executor may be having the attorney for the probate handle the eviction. It is likely that the probate attorney does not handle evictions and would then typically...Read more »
Grantor has dementia and is in an assisted living facility. Trustee is one of 4 beneficiaries, wants to use trust funds to purchase vacation/rental property. Is this legal, and if so does he need agreement of all beneficiaries?
Hello. I am assuming that the successor trustee is NOW installed as the trustee and the grandma with dimentia has resigned or has been removed from the position of trustee. The answer to what the successor trustee can do depends in part on what the language of the trust says. A trust is a set of...Read more »
irrevocable trust where my brother and I are cotrustees, states that majority rules. my son is successor trustee. can he step up and be the final say. brother refuses to sign any documents transferring moms assets to trust account and won't allow distributions to be made. this is holding up the... Read more »
Sorry to hear of you plight. I see this pretty frequently where parents drawing up a trust assume that everyone will get along and be cooperative. The document saying "majority rules" when there are only 2 trustees creates an impasse. Your son as successor trustee wouldn't be able to vote. This...Read more »
Sorry to hear of your loss. There is an old saying, "you cannot escape debts and taxes". So in this situation, the mortgage remains and has to be paid according to its terms. The surviving joint tenant (son) should just keep making the payments. The mortgage lender may want the son to reapply...Read more »
My sister is Co-trusee, she is going to live in Mom's house, but is unemployed and using Trust money for Property tax and Exterminator expenses. What can I do to stop this abuse that has been going on for a year?
Hello. I have handled many cases with essentially the same situation. Mom dies and a daughter/son who is living there refuses to move, refuses to maintain and repair, refuses to list and sell the house and of course all the trust beneficiaries are upset.
Biological dad whom I never knew dies, his brother has power of attorney and is the executor. My dad had been placed in a nursing home for about a year before he died from respiratory failure at the young age of 68 years old. The cost to stay at the nursing home was $10,000 per month. It is... Read more »
I am sorry to hear of your plight but you have some recourse. First, you should make a written demand by letter, certified mail return receipt, and keep a copy. I would recommend having a lawyer prepare that letter for it to be worded properly and to be effective. If the letter doesn't do any...Read more »
Hello, I would like to help you but your questions does not give enough facts or details. There are many types of evidentiary hearings in probate. A fiduciary is defined in CA probate code §39 ad a "personal representative, trustee, guardian, conservator, attorney in fact under a power of...Read more »
You may need to file probate proceedings for both your mom and dad. That will depend upon a number of factors. First, one has to look at the assets involved including real estate and the titles on the deeds. Second, one has to look at the size of the assets in each estate as there is a small...Read more »
Any interested person can file a petition for probate with the superior court and ask to be appointed the estate administrator. (Administrator is the term used when like here there is no will. When there is a will the term used is executor.). An interested person also has a right to file...Read more »
I received a demand for simultaneous exchange of expert witness information for July 25th 2018 what is this and do I have to go, there's a trial for settlement of accounts on my mother's trust and my brother is a trustee and is in breach of his fiduciary duties to me and is stealing assets from... Read more »
Sir, it sounds like you are in the middle of serious litigation..If you have a lawyer representing just you in the litigation, he/she would be able to answer these questions and take appropriate steps to protect you interests. If you do not have a lawyer, you definitely need to hire one. You need...Read more »
What I meant was do blood relative children get more in a probate sale than step children do. Becauae right now we are going thru that and our probate lawyer for some reason doesn't want to tell the judge that my wife ia the only blood relative of both deceased the others are from my mother in laws... Read more »
There are no special rules about who gets what out of a probate sale. The proceeds of the probate sale go into the probate bank account which should be handled by the estate executor. The job of the probate Judge and probate case is to decide who gets what. That is based upon what the will says...Read more »
On 5/15/2018 my mother passed away. She left a holographic will stating her assets should be divided between my sister and I. We are attempting to find a lawyer that can assist us with the steps we need to take from this point as we are not sure how to handle a holographic will since it is not... Read more »
If the holographic will is properly drawn then no witnesses are needed. However, depending upon the size of her estate you may need a probate court proceeding to get authority to transfer her assets according to the directions in the will. If the estate is small enough in value ($150,000 in CA),...Read more »
Sorry but a revocable living trust is not an asset protection device. When you pass away, you’re living trust becomes permanent and your revocable. However, by law, your trust is legally responsible another word liable for any debt for claims incurred during your lifetime. If you want to protect...Read more »
Property is in Missouri ! I see theyblisted my question in Ca.
None of the heirs included property in their will. The property is still in their names (5) and great aunt's (all deceased). I am paying prop. taxes. There are 14 cousins. How do we go about selling this property to a... Read more »
Since the property is in Missouri, a Missouri attorney will need to be retained to be able to make the transfers and assist with the sale. I am only licensed to practice law in CA so I cannot advise you on specifics of Missouri law. Most likely the Missouri attorney will need to file a probate...Read more »
Assuming this is a CA probate court proceeding, the way to finish the probate is to prepare a final report and accounting and submit it to the court for hearing. The point of the hearing is to see if anyone has any objections and if not then the Judge will sign an order to distribute the property....Read more »
Notarized documents are not recorded or registered with any government agency just because they are notarized. Typically, a living trust document is notarized but it is a private document and nobody has access to it except for the people involved in the trust. Thus there is no way to "look up" a...Read more »
If a person dies without a will then the Probate Court system is needed to transfer the property to the heirs. A person dying without a will is known as "intestate". Any interested person can file a petition for probate in the Probate Court where the person died. The petition would ask to be...Read more »
My father owned several homes in Arkansas, one in which his wife's son has lived in for free. My Dad also had automobiles and motorcycles of some value. I believe her refusal is a sign that my father left most of his assets to us and she does not want us to know that, otherwise why not release... Read more »
First of all, your mother would be the one to contest the situation if there are legal grounds. Verbal promises made to your mother are generally not legally enforceable as the will is usually what prevails. However, your mother may have a claim depending upon what if any she contributed from...Read more »
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