While I generally agree with the answers below, I do wish to clarify Mr. Crocket's answer that stating " If a person dies without a will then the Probate Court system is needed to transfer the property to the heirs."

The Probate Court system (or rather just Probate) is... View More

Dear Hayward:

After reviewing the facts presented in your question, I am uncertain about how the facts match up with your question and recommend that you have an attorney review the documents and your case (more on that latter.)

The property procedure to change title into the name... View More

Dear Chino:

Here are my thoughts on the facts you describe. However, you should really speak with an attorney on this one before proceeding as administration of a trust is dependent on the language of the trust instrument and the particular facts of the administration. I provide some info... View More

Dear Castro Valley:

California Probate Code § 9202, requires notice to the Victim's Compensation Board ". . . if the general personal representative or estate attorney knows that an heir or beneficiary is or has previously been confined in a prison or facility under the... View More

Dear Fullerton:

I always hate giving this answer, but this is one of these cases you will need to consult with a lawyer to figure out. How the settlement agreement affects the distribution of the unclaimed property depends on the language of the settlement agreement and resulting court... View More

Dear San Francisco:

I'm not sure what is going on with your case, as an ex parte Order for Final Discharge is normally only granted after all the distributions are made and receipts provided to the Court. Are you sure you are not talking about an Order for Distribution, which would... View More

Dear Oakland, CA:

I think you are asking how the estate will be divided.

If there is no will or trust, then the estate is distributed under the laws of intestacy. Under intestacy, the estate is divided into as many shares as their are living children of the Decedent and... View More

Dear Cary NC:

Normally, you select your tax year when you apply for the EIN. If you did not select one, it will default to a standard year.

However, I would check the IRS confirmation letter and with your tax professional to ensure you are correct on the tax year. One should never... View More

Dear Cary NC:

If you are going though a California probate, which is required to deal with real property located in California, you must get an order of the court to distribute any estate property to the beneficiary. While this is normally done when the estate is in a condition to close,... View More

The laws governing how estates are distributed vary by State and County. Whether or not a foreign county will apply their own laws or follow the laws of the United States depends on if there is a treaty between the two countries and what that treaty states.

I would contact an attorney who... View More

Dear Atascadero:

Unfortunately, you will need to go to probate because the estate is worth over $150,000, unless beneficiaries are designated on the account. The power of attorney will not help, as all powers of attorney become invalid once the principal (person who grants the power) dies.... View More

Dear Modesto:

Since you state that the sisters ". . .were left a designated amount of money", I am assuming that there is a will involved.

The general rule on survival for wills is that the survival provision in the will controls over all other provisions of the probate... View More

Dear Rancho Cucamonga:

I agree with Mr. Dorfman. If you are the blood related children of the Decedent then you were entitled to notice and should seek legal counsel. To give you a bit more information:

1. On a Petition for Probate the petitioner is required to list all heirs... View More

Dear Hayward CA:

If you are an intestate heir, then you were entitled to notice and if you did not receive notice you do have recourse under the law.

The question is whether or not you are an heir. You state that the decedent is your step-father and this complicates matters a bit.... View More

Dear Castro Valley:

How long does Probate take after death? Well that depends on the complexity of the estate. A simple estate should be in a condition to wrap up and do final distributions somewhere six to nine months after the appointment of the personal representative. (Administrator or... View More

Dear Tempe AZ:

Without knowing more, I can not give an exact answer. Also, the procedure would depend on the State in which the probate is pending, as rules of procedure and evidence are not identical for every state. (I note that you are from Arizona and did not note what court the... View More

Dear Carmichael:

California Probate Code section 9202(b) requires that the estate representative notify the California Victims Compensation Board within 90 day from issuance of letters is if ". . .[an] heir or beneficiary is or has previously been confined in a prison or facility under... View More

Dear Elk Grove:

As the property is located in Georgia, you will need an attorney located (or at least licensed to practice) in that state. For real property, Probate Jurisdiction is based in the state where the property is located. (Unlike personal property, anything but real estate, which... View More

Dear Las Vegas:

I am really not sure what your question is, I suggest you try again with more detail.

Also, if you are dealing with a probate in a Nevada court, you should post your question under that state as probate law is state specific.

Dear Lake Elsinore:

It is not the filing of the Petition for Approval of Final Accounting and Distribution, but the date of the entry of the resulting order that is the important date. The order provides authority for the representative to make the distributions.

The shortest time... View More