Mr. Dorfman is correct, if your creditor's claim is rejected you need to file suit on the claim.

I would suggest that you contact an attorney to discuss your case and options. Because this is a probate case, there could be more than one option on how to pursue your claim. Not only is... View More

Dear Los Angeles:

I take your facts to be that escrow will close on the sale of the house but an account to receive the sales proceeds has not been opened in the name of the estate.

If there are no other assets other than the house, the Administrator may be waiting until he gets a... View More

Dear Los Angeles:

That's a lot of questions. Off the bat, I recommend that you speak with a lawyer right away about how to defend your self. But here is some basic information to help you make that consultation more efficient. I'll also provide some information about how to find a... View More

Dear Los Angeles:

The parties that you are required to notice are spelled out by the California Probate code, so the unsatisfying answer is "because that is what the law requires."

The code section that states who you are required to notice on a Petition to appoint an... View More

Granada Hills:

Based on the information provided, an answer if difficult to craft. I suggest you re-post and answer these questions:

1. Were you a joint account holder?

2. Was there a probate of your Mother's estate (where you went to court) or was their a trust... View More

Dear Long Beach:

First off, you state that you filed to become an executor. An executor is a person nominated in a will, and that person gets priority absent proof they are unfit, like having a conviction for embezzlement. Since there is a contest, I am assuming that there is no will and... View More

Ashburn, VA:

This was posted in estate planning for California. While California may be the proper jurisdiction to challenge the Trust (it depends on which State's law controls interpretation and validity of the Trust), it may not control the real property if it is located in the... View More

Your particular situation is too complicated to provide a good answer in this forum, and there are a lot of unanswered questions here. Are you a beneficiary? Were you given property notice to terminate your tenancy? Why do you think that the Trustee needs to be removed? And, this forum is not... View More

I'm not quite sure what you are asking here. Please try to post your question again with a bit more detail.

Dear Modesto CA:

Yes, and it it not uncommon for older couples to provide for this type of arrangement. It is a form of life-estate, where the surviving partner has the right to use and occupy the residence.

Depending on the relationship and its duration, and family dynamics, these... View More

Dear Redding CA:

I think you misunderstood what the public administrator said. In California, unclaimed property, such as the estate shares due your brothers, is placed eventually placed with the State of California's Controller's office Unclaimed Property Division. The owner can... View More

This would be a good question for your tax preparer. While it does not appear as income, it could be a capital gain or loss depending on the value of the assets in the Inventory and Appraisal. And, depending on the exact facts of your probate, it may be adventurous to pass on the gain or loss to... View More

Dear Palm Desert:

I'm a bit unclear about where this is at a procedural level. Sounds like:

1. The attorney filed the First and Final Report and Accounting, which the court approved and issued an resulting order.

2. You paid the attorney all the sums due under the Order... View More

I take your question to ask, if a property is not specifically identified in a will (not a trust), can the beneficiaries of the will give it to who they want?

As a practical matter, yes.

A will normally controls all of the property a decedent owns at death which is not subject to a... View More

Dear Long Beach:

I am not sure what you are asking. It sounds like there is a dispute between the granddaughter and son over whether not not property is subject to a probate and this was settled between the parties, but I am not certain so I am unable to provide an answer.

You... View More

Dear San Francisco:

I would contact a lawyer right away about this matter. But here is some information to get you started. I am also assuming that Mom above is your birth mother.

You have a much-juristictional problem here. The proper jurisdiction for Probate law, which governs... View More

Mr. Palley is correct. The executor/beneficiary can "buy out" the other beneficiaries if the court approves of the sale. The rule of thumb is that this requires all the other beneficiaries to approve of the purchase.

I say this is a "rule of thumb" in that only court... View More

Sacramento:

I'm not quite sure what you are asking here. But, I will try to help (and I am assuming that this is subject to California law.)

In California there is no provision for filing a will with the court during life. Nor is there any Government run repository for estate... View More

Simi Valley:

If your Father was a resident of Arizona, you will need to get an attorney in Arizona and fight it in the Arizona courts. This is because the residence of the decedent provides the courts jurisdiction.

There is an exception if your Father owned real property in... View More

I would double check your conformed copy of the notice to make sure that you have her name and address correct and that it matches the name and address on the Petition for Probate. If they match, you can try calling the probate examiner, depending on your county. While rare, examiners sometimes do... View More