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...Read more »
my sister is the admin of the estate. she gifted her share of the estate to her husband to by the real property. they are now the owners of the property and she used her inheritance for it. how can she do that when i cant have my share of the estate until the court approves distribution on nov 27.... Read more »
This question is difficult to answer in this forum. As a general matter, and administrator who self deals, for example buys estate property, needs to obtain court approval first. This would also apply if there was a "straw man" transaction. (A straw man is the use...Read more »
I paid in advance the funeral expenses and have since been challenged by a family member to access the checking account that would reimburse me in full. I have demonstrated to the bank my itemized statement and receipt, but the bank still says they cannot release any money to me. This estate is... Read more »
Prior to death, a trust was set up where I am the Executor of the trust. I want to file a medical malpractice claim but told I need to go through probate. Is there a cheaper or quicker way that doing full probate?
If you have an original will, you want to lodge the will with the court in the count where the decedent resided at death. The clerk may also want to see a copy of the death certificate prior to lodging the will. (Call and ask the Probate Clerk if this is a requirement...Read more »
I'm over the 35 day thing for ex-parte. I was to contact clerk in dept to see I could come in at 1:30pm . I filed all papers. It's been 4 years of me doing this without a lawyer. Now I'm at the door knocking
I was a live in caregiver for 5 years. I got weekly checks in various amounts, $50.00 - $200.00. No taxes were claimed or reported. I was told many times that I would be "taken care of" in his will. After he passed I found out that I was not mentioned in his wll
My father is deceased. Going on 3 years now!! Prior to passing away he lived in in a shared rental house with his caretaker. Myself and my siblings have requested she gather his things and one of us will pick them up. We have gotten ZERO from her. It’s not money or valuable to anyone other... Read more »
If the named executor does not act, anyone can request to be appointed as personal representative. (Actually, its called "Administrator with Will Annexed if they are not named as executor or a successor executor.)
While the named executor can file a competing petition and an opposition...Read more »
Also, the court may not take kindly to the brother delaying the matter, and failing to lodge the will within the required time period. (There is no "deadline" by which Probate needs to be opened, but there is a deadline to lodge the will with the court.)...Read more »
In 2009, my grandmother paid a real estate broker (referred by a church member) draw up a revocable living trust for her house (it's listed in exhibit A of the trust), he didn't tell her she needed a quitclaim deed. She died 2/11/18 not realizing this was an issue. My Aunt is successor... Read more »
The court will not should not care about the time between the creation of the Trust and the date of death. They will care that their was an intent to transfer the home into the Trust. If the trust has incorporation language, for example "All property listed on Exhibit...Read more »
My mother is recently deceased and the insurance company denied her claim. They did however, mail me a check to the estate of my deceased mother. There is no estate or a need for one or probate, there is no assets, money, property etc and I am the Survivor/Heir/Beneficiary and Executor. I was... Read more »
My brother is the executor of the will, and probate process is almost done. We would like to know the options for selling one of the two properties. They are both residential properties in the same city, Modesto. Thanks
Well, you have basically two options: 1) Sell the properties as part of the probate process, or 2) Distribute the properties to yourself and your brother and sell them later. Neither really has any effect on the taxes you will pay as far as capital gains.
My mother has since passed on November 21, 2017. Her home was sold in 2015. My sister had never informed me of this action and 'my mother never mentioned it because she has no memory. I was told by sis i would recieve nothing and thats the way my mother wanted it and that her daughter had... Read more »
My grandmother had a real estate broker (referred by a church member) draw up a revocable living trust, she only wanted to put her house in the trust (it is listed in exhibit A of the trust), he did not tell her she needed a quitclaim deed. She died in Feb., my aunt is named as successor trustee... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.