Dear Santa Clara:

Even if you were your father's Power of Attorney, you would not be able to access his savings bonds and other accounts as a power of attorney terminates upon the death of the principal.

Unless there was a trust involved, and you were the successor trustee, you... View More

Dear San Francisco:

I recommend that you discuss this with an experienced attorney licensed in the State where the court action took place. This particular fact pattern is a bit more complicated than this forum is designed to provide answers to. And, it would require reviewing the trust... View More

Dear Richmond CA:

The rights of the Mother's estate to a portion of the trust will depend on the language of the trust. For example, does the Trust provide for payment of the Mother's final illness or debts prior to paying over to your deceased husband.

The same can be... View More

Dear Azusa:

It really depends if you and your sister are the only beneficiaries of the estate. That is, the only people who have a right to the property. You mention that you Mom left you and your sister a condo, but do not mention if it was a specific gift in a will (i.e., My condo to my... View More

I agree with Mr. Sweeney and Mr. Dorfman's responses. I thought that I would add a bit more:

Due to the lapse of time, you gain the benefit of California's one year limitations period on claims by creditors which runs from the date of death. This prevents creditors from making... View More

Lyoth CA:

The DE-147, Duties and Liabilities of Personal Representative need only be filed with the court. There is no requirement that it be served on the heirs/beneficiaries/interested parties.

If you need help with Probate procedure, you should seek assistance from a qualified... View More

Dear Valley Center:

"Fair market value" means the value of the property if it were sold on the open market, to a third party, at an arms length transaction. However, the value listed on a Petition for Probate (where I assume you are getting the numbers from) may or may not be... View More

I am assuming that there is a probate action pending in the Courts by your use of the term executor. If this is a trust, then the rules would be different. (A bit more on that later.) If there is no Trust and a probate action is not pending, you have a significant reason to be concerned.... View More

Dear Santa Maria:

If an executor is not following express directions of the will, you can petition the court and obtain an order that the executor act as required under Probate Code section 9613, and you could couple it with a request to partition by sale under Probate Code section 11950.... View More

I agree with the two other answers. If the gross value of all assets is over $150,000 (and you do not get to deduct for things like outstanding debts, loans, mortgages) you only choice is to proceed to probate the estate.

Also, the banks will not speak to anyone unless they are the court... View More

Dear North Hollywood:

This is a bit more complex than this simple forum is designed to resolve, and I recommend that you contact an attorney right away. But, here are a couple of items to get you ahead of the game and make your discussion with a lawyer more productive.

1) Your... View More

Dear Riverbank CA:

California Probate Code s 8200 makes it mandatory that the custodian of the original will lodge (file) the will with the Superior Court of the county where the Decedent lived. The custodian must also deliver a copy to the named executor, or if the custodian does not know... View More

Dear Los Angeles:

Interesting question. It will depend on whether or not he was entitled to notice, and if he was actually an intestate or testate heir. If you were to come to my office, these are the first questions I would want to know:

1. Was the estate subject to a will or... View More

Dear Sacramento:

I am not quite sure what you are asking. However, in California weather or not a probate is required depends on the gross value of estate assets. (That is the value of the property without considering any loans.)

Since the home was in your husband's name alone,... View More

Dear San Diego:

Your question is really two. 1) How do you enforce a debt one the debtor dies; and 2) is an unwritten (oral) debt enforceable?

As to the first, a decedent's debts are enforceable against their estate (or trust.) However, if there is a probate estate, you must... View More

Dear Los Gatos:

First, I am assuming that the Decedent died a resident of California and that the property is located within California. Probate and foreclosure laws are state specific. If the Decedent lived in a state other than California, or if the property is located in another state, I... View More

Dear Pleasant Hill:

Mr. Dorfman is correct that the current state rules governing attorney practice allow for such "limited scope" representation. However, you may wish to consider if you are really capable of handling an estate by yourself. (Or, "in pro per.")... View More

Los Angeles:

Thank you for such a clear question.

When a married person receives an inheritance, the inheritance is the recipient's separate property. The separate property of a married person who dies without will but has more than one child is distributed 1/3 to the surviving... View More

Fair Oaks:

Unless there was a will, trust, or a contractual agreement, like a rental agreement, between you and the Decedent, your status would have been a tenant at will during the Decedent's life. Upon his death, you became a tenant at sufferance. (Someone who does not have... View More

Vallejo:

As Mr. Valentine said, you may have a problem. You should speak with a lawyer right away about the details of the case.

If I were to analyze the case, I would need considerable more information gained though an in-person interview to determine if there were grounds to... View More