Unless you were on title to the property, and thus a seller, or it has been less than one year since your mother's death, the claim is likely barred. California Civil Code 366.2 states:

" If a person against whom an action may be brought on a liability of the person, whether... View More

As others suggest, personal property (that is anything other then real property) is subject to the laws of the State where the decedent died. Thus, the Ohio bank should honer an affidavit under California Probate Code s. 13100.... View More

Glendale:

To codicil or not to codicil, that is the question.

In order to make changes to a will, you have two options. You can make a new will revoking the old will, or you can write an amendment, called a codicil, to change only the portions you wish. Creating a new will, and... View More

Quail Valley:

From what you describe, something does not sound right. In some instances a trust or estate will "pass though" tax liability to the beneficiary but only where that liability is connected to a distribution. For example, if a trust makes a distribution to a beneficiary... View More

Dear Los Angeles:

If what you say is true, that your Brother had you Mother sign a Power of Attorney knowing that your Mother lacked capacity, then this is a serious matter indeed. Particularly if there is an "inside" deal involved. The issues is that your Mother, as the property... View More

Fremont:

To expand a bit on Ms. Dunn's comments.

If the real property is worth less than $50,000, there is a affidavit procedure to transfer it to the appropriate heirs. This is the gross (before any liens or mortgages) value, and includes all his real property subject to... View More

Plymouth, MI:

"What's in a name?" as they say.

Actually, it would be impossible to tell just from the name used, because Trusts generally define the terms like "educational sub-trust" or "Family Trust" in the trust document itself. (At least well... View More

Dear Temecula:

First, if you are one of the four owners (read on below about that), you would be a tenant in common. While the others can ask that you sign a lease, they cannot require it as each tenant in common has a right to occupy the property. But, be careful, without a lease or rental... View More

San Francisco:

I am a little confused because you are mixing up the terminology. The person who manages a probate estate is called an administrator or an executor, depending if there was a will involved or not. However, the person who manages a Trust is called a Trustee.

While and... View More

Dear Walnut Creek:

I am having trouble deciphering your question. I think you are asking "What happens if the holder of a Decedent's property refuses to turn the property over after being presented with an Affidavit under Probate Code section 13100?"

Assuming that all... View More

Laguna Woods:

This forum is for general probate questions, not for answers about specific procedures.

That being said, I would ask your court appointed probate referee how they prefer the assets, like bonds, listed. Items like bonds and tangible personal property must be appraised... View More

Dear Sacramento:

Based on the facts submitted, this is best handled by with the assistance of an attorney. A Probate Court has broad equitable powers to make adjustments. However, the claims must be presented in the correct format and using the proper procedures. A discuss of which is... View More

Dear Castro Valley:

Mr. Sweeney's resource is quite good.

As a general rule, where the beneficiary (the son) of an intestate estate dies during administration their share of the estate goes to the beneficiary's intestate heirs, or if they had a will as designated in the... View More

Dear San Jose:

A trustee cannot make a distribution contingent on your signing a release. However, they may ask for one and many institutional trustees and private fiduciaries do so a part of normal business practice.

A receipt is a different matter and are routinely requested for... View More

San Diego:

I am taking this question to ask if you are required to market and list the property thought the MLS (or other listing service) with a broker, or can you do a sale that is privately negotiated with the buyer without an agent or broker.

There is no requirement that you use... View More

Dear Los Angeles:

Interesting factual set up. I'd have the post-nuptual agreement reviewed by a probate attorney. Depending on the language, it may be considered a post-nuptual agreement, a contract to make a will, or a will. Or, a combination of the some or all of them. Even if the... View More

Emeryville:

I would meet with an attorney about this. To legally gain access, you will need to have an administrator of his estate appointed. If there is some urgency, the court can also appoint a special administrator to take care of things until the court hearing on the general... View More

Dear Sunnyvale:

The right of survivorship is automatic with joint tenancy. It is this that distinguishes it from a tenancy-in-common.

Real property held as joint tenancy passes to the surviving joint tenant(s) by operation of law upon the death of one of the Joint Tenants. This... View More

Dear Los Angeles:

This is one you certainly want to discuss with an attorney. However, co-administrators need to work together and should not be refusing to disclose information to each other.

On the rent issue, it is technically a breach of fiduciary duty for and administrator to... View More

I agree that you should try to work this out with your co-administrator, and that the relationship should be disclosed using a Notice of Proposed Action (unless you and your sibling are the only heirs.)

I do not necessarily agree that a third party is required, particularly if there is a... View More