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Questions Answered by David L. Crockett
2 Answers | Asked in Probate for California on
Q: Can a realtor evict people from my deceased parents house that is being sold through probate, because I thought that my

Probate attorney is the one that's suppose have them evicted, please advise

David L. Crockett
David L. Crockett answered on Jun 25, 2018

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 »

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can a successor trustee legally purchase real estate using trust funds if the grantor is still living?

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?

David L. Crockett
David L. Crockett answered on Jun 25, 2018

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 »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: if cotrustees disagree, can successor trustee be the majority, if states in the trust that majority rules

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 »

David L. Crockett
David L. Crockett answered on Jun 13, 2018

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 »

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2 Answers | Asked in Foreclosure, Real Estate Law and Probate for California on
Q: What happens to a mortgage when the joint tenant(mother) passes away and the surviving joint tenant is her son?
David L. Crockett
David L. Crockett answered on Jun 13, 2018

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 »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Co-Trustee sister is living in my deceased mothers' house and paying property taxes on the said house out of the Trust?

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?

David L. Crockett
David L. Crockett answered on Jun 12, 2018

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.

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1 Answer | Asked in Probate for California on
Q: How do I get a copy of power of attorney, of will, and medical records from nursing home for estranged biological dad?

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 »

David L. Crockett
David L. Crockett answered on Jun 6, 2018

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 »

1 Answer | Asked in Probate for California on
Q: What is an evidentiary hearing in probate. California

Also what is a fiduciary. California

David L. Crockett
David L. Crockett answered on Jun 4, 2018

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 »

1 Answer | Asked in Probate for California on
Q: Can you probate after 30 days
David L. Crockett
David L. Crockett answered on Jun 3, 2018

Yes, an interested person can file a petition for probate 30 days after somebody dies. The petition has to be filed in the county where the deceased resides.

2 Answers | Asked in Probate for California on
Q: My dad died last year and I didnt know i know had too probate his will now my mom died what sould i do now?
David L. Crockett
David L. Crockett answered on Jun 3, 2018

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 »

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1 Answer | Asked in Probate for California on
Q: Does the only blood daughter have more rights than 4 step children when house go's in probate.

Two deceased parents & there is no will or trust. Does one of the step children have a right to object the petition of executor

David L. Crockett
David L. Crockett answered on Jun 3, 2018

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 »

1 Answer | Asked in Civil Litigation and Probate for California on
Q: My brother is stealing over $100,000 that I know about but I believe That number is a lot higher, help me recover and I'

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 »

David L. Crockett
David L. Crockett answered on Jun 3, 2018

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 »

3 Answers | Asked in Probate for California on
Q: Does blood relative children get more than step children in a private house sale

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 »

David L. Crockett
David L. Crockett answered on Jun 3, 2018

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 »

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: What do I need to do with a holographic will?

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 »

David L. Crockett
David L. Crockett answered on May 30, 2018

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 »

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1 Answer | Asked in Estate Planning for California on
Q: REVOCABLE LIVING TRUST

We know a revocable living trust does not protect your assets when you are living, but does it protect your assets if you cause and die in an accident?

David L. Crockett
David L. Crockett answered on May 27, 2018

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 »

2 Answers | Asked in Estate Planning and Real Estate Law for Missouri on
Q: My mom and 4 sisters inherited land in MO. years ago. All sisters have passed away and now we cousins want to sell. How?

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 »

David L. Crockett
David L. Crockett answered on May 18, 2018

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 »

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1 Answer | Asked in Probate for California on
Q: Parties of probate have agreed on terms. How do i dissolve,withdraw or finish probate with clear title
David L. Crockett
David L. Crockett answered on May 15, 2018

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 »

1 Answer | Asked in Estate Planning for California on
Q: can a notorized document be looked up at any notary in CA.?
David L. Crockett
David L. Crockett answered on May 8, 2018

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 »

4 Answers | Asked in Probate for California on
Q: what happens to property without a will?
David L. Crockett
David L. Crockett answered on Apr 18, 2018

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 »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My father recently passed away in Arkansas. Me and my siblings are in California. His wife will not show us his will.

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 »

David L. Crockett
David L. Crockett answered on Apr 12, 2018

First, I am a California licensed lawyer and cannot advise what Arkansas law requires about wills.

If this was CA, the will would have to be filed at the courthouse within 30 days of death.

If this was CA, you as an heir, could file a probate court proceeding and force the will to...
Read more »

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1 Answer | Asked in Probate for California on
Q: My moms boyfriend passed away with a will his daughters got everything. In the time before he passed......

We became very Close and he confided in me that he was going to give my mother one of three properties that he owned. He never entered it into his will. Can I contest a will or what can I do.

David L. Crockett
David L. Crockett answered on Apr 9, 2018

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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