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Questions Answered by David L. Crockett
2 Answers | Asked in Probate for California on
Q: The trustee is going to charge the beneficiaries for each item they take from parents home - is this legal in California

One sister is allowed to live in the house for 3 years, after parent passed away. Due to this situation, the trustee has stated she will charge per item what each beneficiary will take that belonged to their parents in the house they grew up in. Such as furniture, photos, jewelry, etc. The... View More

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

She is partially correct. The trust has to be read to determine what it says about the "personal property" of the parents. The house contents (furniture & furnishings) are personal property. Just because she is allowed to live in the house for 3 years does not give her the right... View More

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3 Answers | Asked in Probate for California on
Q: Do I have to notify the prison or victim program if he isn’t receiving any thing from the estate?

Father passed away , brother is incarcerated. Although he is a heir, he isn’t a benifisary. The way the will is written , he isn’t entitled to any of the estate

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

First, all heirs, including your brother must receive notice of the probate proceeding if there is no trust and if there is a trust he has to be notified in writing of the change of trustees. That notice would also tell him that he is entitled to a copy of the will and trust involved which cuts... View More

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1 Answer | Asked in Probate for California on
Q: My son was paying court ordered support for his 16 yr daughter when he died. How can she get some of his personal items

We dont know if he had a will and his wife has cut off all communication.

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

First, she should make a written demand with a certified mail return receipt letter to his wife and keep a copy of the letter. Ask if there is a will and if so provide her with a copy. His 16 yr old daughter may have rights to up to 1/2 of his personal items and also of other assets in his... View More

2 Answers | Asked in Probate for California on
Q: Do I have rights as a beneficiary to recommend that the executor perform in a timely manner to close estate?

Executor has continually stated that there is no rush to close the estate and that she is too busy with work, personal life etc, and uses these as excuses to delay completing certain tasks. I have mentioned numerous times that my portion of the estate distribution will be going towards investments,... View More

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

The law only requires that a probate be completed and the estate distributed within a "reasonable time". People often have differing opinions as to what is reasonable. A beneficiary such as yourself should be writing letters, certified make return receipt, every month or so demanding... View More

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