Los Angeles:

I think you are looking to be appointed as special administrator. A special administrator has limited powers pending the appointment of the general administrator or executor. These are heard on an ex parte basis, which mean the court will consider the matter on limited notice.... View More

Dear Torrance:

If your father died without a will or a trust and was unmarried at the time of his death, his estate is distributed to his children in equal shares. If a child per-deceased your father, their issues (decedents) will take the per-deceased child's share. It is, of course,... View More

You present an interesting question which would require more information to answer. In particular, I do not understand the "Leaving $20,000 + interest from 1987 to his parents when his home changes hands." You should discuss this with a lawyer in detail.

But to make that... View More

Mr. Dorfman is correct in that you should retain counsel to assist you. He is also right that you may petition the probate court (or open probate if you Mother has failed to do so) and request the court to enforce the will.

Where a will gives a gift of property to more than one beneficiary,... View More

Dear Cupertino, CA:

You mentioned that your friend passed away in Sparks, Nevada. If your friend was living in Nevada, you should re-post your question in the Nevada forum. (Unless she also owned property in California, a bit on that later.)

The laws that govern how a descent's... View More

Dear Fontana, CA:

This is a tricky one, for which you should seek legal counsel with a qualified attorney. But, here is some basic information to help you along.

When a spouse dies and their is no will or trust, the property distributes though intestacy. Normally, the surviving... View More

I would recommend that you speak with a lawyer right away. Only an attorney can give you a clear understanding of your rights and responsibilities under the Trust.

As a instant matter, as Trustee (and I am assuming that you got your terms mixed up, as Trustee and Executor are two different... View More

Dear Long Beach:

It sounds like your matter is too far along, and too complicated for a appropriate response in this forum. I suggest that you speak with an attorney who can give you a more detailed answer to your question (a bit more on that later.)

If the judge makes an incorrect... View More

Dear Lynwood:

I am curious if the Judge "asked" or "ordered" the Trustee to file the report, and why you were in court in the first place. Since this is not a back and forth forum, I'll have to go with the normal procedure that would get us here.

As a... View More

Dear Vista:

Wills, in themselves, are not public record, and there is no procedure to lodge them with the county, or the courts, prior to death.

If you are curious about new probate cases in your area, you should look at the legal notices section in the papers that service the area... View More

There is no "simplified probate procedure" to appoint a personal representative, but if all you need is legal authority to file the claim you should be able to find an attorney to help you. (Filing a claim in Vaccine Court is akin to filing a lawsuit and different from merely claiming... View More

Dear Benica:

How long would it take to clear this up? Well, if there were no objections (and if everyone effected agreed) it could be taken care of in one hearing (courts are running these 30-45 days out as a general matter.)

The problem the tile company is concerned about is that... View More

Dear Las Vegas:

I am assuming the property is located in California, as you posted this in the California forum. If not, you should repost in the forum for the state the property is located in as Probate and Real Property Law is state specific.

Now, in California what happens to the... View More

Dear Los Angeles:

In order to modify an irrevocable trust you generally need a court order, but you did not mention whether or not this was just a general notice or a Notice of Hearing regarding a Petition to Modify an Irrevocable Trust.

If it is a Notice of Hearing, and the hearing... View More

Dear Yucca Valley:

If you mother's estate was handled though Probate, your sister should have either petitioned for distribution or filed a status report (and served you a copy) 18 months after her Letters Testamentary issued.

As an heir, you can bring a petition to compel your... View More

I noticed that you used the term "biological mom." To me this means one of two things, you were legally adopted or you were not adopted but did not consider you biological mom to be your mother for other reasons.

California law generally provides that a person's intestate... View More

Dear Los Angeles:

While I would like to help, I cannot understand what you are asking, or in what capacity you are acting. In fact, I am not even certain how you are sell the property without a will or trust, unless you were a joint owner with right of survivorship or a TOD beneficiary.... View More

Dear Bakersfield:

I suggest that you speak with an attorney about this issue as soon as possible. The potential claims you have against others all have a time limit to them. And, our matter is a bit more complex than this simple forum allows for an answer.

But, to make your visit... View More

Dear Corona:

Yes, there is a statute of limitations on forgery. Actually, forgery is a criminal offense, while in civil law it is conversion. Although there are a number of other civil causes of action that can arise of someone forges a document. For example, if the forger is also the... View More

Dear Los Angeles:

You state that the case ended up as a Default Judgement, which normally occurs when a defendant does not file an answer. (There can be other ways to get a judgement short of trial, but they are not entitled "default judgements.")

There are grounds on... View More