Dear Van Nuys:

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... View More

Charlotte NC:

I take your question to ask "What are the rights of the estate when the decedent resided in a rental property following death?"

As a general matter, the estate stands in the place of the decedent as a tenant. This means that the estate may keep the rental and... View More

Dear Glendora:

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... View More

Dear Sacramento:

Ah, the old mobile home problem. Here are the basics.

1) In California, Mobile Homes are registered through the Department of Housing and Urban Development.

2) If there is a transfer on death beneficiary designated on the title of the Mobile Home, you can... View More

Dear Lake Isabella:

First, do not blame the bank, as it is not the arbitrator of debts owed by you Father's estate.

You also did not mention if the account was a joint account with another person, or designated as a "pay on death" account. But here is some... View More

Dear Oceano:

In California, Letters of Administration (a.k.a Letters Testamentary) are only issued following a noticed Probate hearing.

Assuming that your Mother died in California, so our laws control, there may be alternatives.

If the value of the IRA is less than $150,000... View More

Kansas City:

I'm afraid not. The appointment of an executor/administrator is required to represent the Decedent. But, this is not necessarily a bad thing, nor that expensive on the front end (or perhaps at all.)

Any lawsuit proceeds for medical malpractice will be paid to the... View More

Dear Woodland Hills:

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... View More

Dear Walnut California:

You did not mention whether or not your Mother's estate is going though probate with the courts.

If this is in the Probate Court, you can petition the court for an order requiring her to make the repayment. If she does not, the court can remove her as... View More

Dear Los Angeles:

I'm really not sure what your question is.

To add to what Mr. Price relayed, there is an extra step if the estate is proceeding though probate.

You will need to file a creditor's claim in the probate case. The representative can then approve or deny the claim. If the claim is denied, you may then file suit. A properly filed... View More

Dear Whittier California:

You question peaked my interest, as you are asking how do you obtain a decedent's property with primarily sentimental value, and nominal monetary value.

I think the answer is to use a small estate affidavit under Probate Code section 13100. An example... View 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... View More

I agree with Mr. Palley.

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.)... View More

Dear Los Angeles:

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... View More

Long Beach, CA:

The Sacramento County Law Library offers a sample affidavit as part of their website's forms page.

https://saclaw.org/legal-forms/

Depending on the insurance company, it may take an attorney to "goose" this along. It should not take more than... View More

Dear Katy, TX:

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.

When a... View More

Dear Oakland:

I take your question to be looking for an attorney to represent you on a pro bono basis, as it does not ask a legal question.

If you need assistance on finding an attorney, you might try your local county bar association. Most county bar associations operate an... View More

Dear Ventura:

This is a case where I recommend you obtain legal assistance, both to evaluate the case and provide representation. But, here is some basic information.

You would start by filing a petition with the court to contest the trust on the basis of fraud, undue influence, and... View More

Dear Los Angeles:

Ms. Dunn is correct, the petition is sufficient to request transfer of the property into the trust.

Compliance with the notice provisions (Probate Code s. 851) is key. Aside from the mailed notice, it requires service similar to a civil complaint on: (1) The... View More