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....Read more »
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...Read more »
The fiduciary and his accountant both said it is “standard practice” even though I never received any distributions from the trust, he wants me to amend my taxes for 3 years back and say I did get money and then pay the taxes from my pocket. There is no information that I will receive the money... Read more »
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 that...Read more »
How can I rescind the sell of a property? My is cognitively impaired. My brother had her sign a power of attorney. He sold my mom's home that invalid POA. The broker was fully aware of the POA . It has been proven that the broker had full knowledge that my mom's property was going... Read more »
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 owner,...Read more »
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 probate....Read more »
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 drafted trusts do.)
I have suddenly been presented with a lease which the other 3 say I must sign, and the property is in probate. I haven’t even seen any documentation which says they are now part owners. Is this legal, and How do I get them to provide documentation?
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...Read more »
My friend passed away and named me along with her brother as co-executors of her trust. She named her brother as 100% beneficiary (unless he was deceased which then the estate named me as half beneficiary). He passed during the process of liquidating everything in her estate. He named his... Read more »
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.
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?"
Both beneficiaries agreed in probate court to sell the property and I received the full authority to sell and split property proceeds. The one beneficiary living at the property was the mother's caregiver and helped herself to the mother's bank account writing checks and using credit card without... Read more »
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...Read more »
This is in Nevada County, California. Children of son are all adults. Son died while his deceased (widowed) mother's intestate probate case was still open and before any distributions were made. Son was actually administrator of mom's estate at time of his death, in which his sibling then became... Read more »
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 will. (If...Read more »
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...Read more »
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.
Spouse passed away, house will go into probate, no will. Surviving spouse not on title, but notarized post nuptial agreement states house is hers if post nup agreement is not withheld while spouse was still alive. Would the notorized post nuptial be considered a gift and the house not be included... Read more »
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...Read more »
His live in girlfriend has his vehicles, all his personal property, information we need to close his affairs, jewelry, safe, and is living in the home my grandparents left to my father. They do not have any children together. She won’t let us in his home.
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...Read more »
I am a joint tenant with a friend on a house. On the deed, it says that we are both unmarried and are awarded as joint tenants. There is no mention of "right of survivorship". My friend just passed away. Does half of the property goes to his heir?
She also doesn't want to hand over my mother's bank account statements. Can I also file to get rent from these people & herself for living in my parents home still. Or can I also file a petion to have her evicted from parents home along with the other people she has living in the home too.
Unfortunately the coadministrator doesn't want her to sell the house even though she knows her very well. She's just doing this to stall & not comply. Does the judge appoint a realtor? She is just doing whatever it takes to stall the house from getting listed. Can I have her removed from... Read 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...Read more »
When a person dies, their debts live on. This includes mortgages, which are subject neither to the one-year universal statute of limitations from date of death for most creditors (which excludes various government claims) or the creditor's claim procedure. This is because the...Read more »
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