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He has a family trust fund with his kids. In Will he instructs his debts be paid. Will the mortgage be paid with money from the trust fund or is my mom responsible for that? There is also a special request to pay all student loans, health, education and maintenance for his younger kid to the age of... View More 
answered on Sep 25, 2017
Dear Huston Texas:
Unfortunately, an accurate answer requires reviewing the Trust document, title to the property, and several other facts, like: was you Mom a trutor/settlor of the trust?, how long were they married? how was the house purchased? Before marriage, after marriage? What funds... View More
Now her husband has changed the trust and created his will excluding me and my sister against my mothers wishes and leaves everything to his 3 sons. Everything he has was my mother's before they got together and after. What can we do?
answered on Sep 21, 2017
Dear Oakland CA:
I assume you have a version of the original trust, before your mother's husband changed it. (I also take it that her husband is not your father.)
I would get to an attorney right away, and here is why.
Normally, marital trusts are set up as in an A/B... View More
My my ex daughter-in-law moved to Texas with the kids my ex daughter-in-law and my son agreed there would be no child support she was supposed to have them for half the year and for him the other half now I don't know if she's still in Texas but if she is does she have the right to file... View More
answered on Sep 21, 2017
Dear Los Angeles:
You question was posted in the Probate forum. California Probate law does not cover issues involving divorce and child support and custody issues between parents. (Although, it does cover guardianship of minors, but this is where a non-parent seeks authority over a... View More
My husband and I have joint ownership on all of our assets. In other words, everything; our home, automobiles, savings accounts and personal property ie.
furniture, household goods, bonds etc.If he deceases before me, can I be taken into probate court?
answered on Sep 20, 2017
Atascadero, CA:
Mr. Price is certainly correct, it is common for surviving spouses to end up in probate court over jointly titled assets if there are any separate vs. community property questions. You did not say how long you were married, so I'll give you a couple of general... View More
i am representing myself in a probate case, i need to know what forms i need to object to a supplement ( amended first and final) and what forms are affiliated with that particular form for it to be legal
answered on Sep 20, 2017
Dear Long Beach:
Mr. Price is correct, there is not a particular form.
You may wish to visit your local county law library and look at a practice guide on Probate Practice and Procedure which may have some examples of objections from which you can crib.
And while you are... View More
My grandfather willed property to me and some family members, but it never went through probate- this was in 1989.
What do I need to do to make everything legit? I am in CA and it was a holographic will.
answered on Sep 19, 2017
Dear Los Angeles:
Good question. Actually, your first question is whether or not a probate is required at all. If the date of death value of the real property is less than $150,000 as determined by California probate referee there may be a easier and cheaper way to go.
This is... View More
I am an heir in a probate, does the administrator have permission to take from my inherintence for tax purposes
answered on Sep 19, 2017
Dear Los Angeles:
The proper answer here is "it depends." The accurate answer would require more information, and you should ask an attorney based on more detailed facts.
But, here are some guidelines to help you along.
First, it will depend on what type of... View More
Im asking if a attorney c an legally file a motion to strike after he has already filed the demurrer? what is the exact law, not your opinion?
answered on Sep 19, 2017
As I recall, a motion to strike may follow a demurrer so long as the court allows it on their order following demurrer. (That is, the order provides the loosing party to "respond" rather than "answer." Of course, the last time I needed this procedure was a few years ago.... View More
Also, is it true that IRA’s that are assigned to a recipient charity upon the death of the owner do not go through the probate process and are typically dispersed quickly?
answered on Sep 13, 2017
Dear New York:
Generally, a California Probate takes 9 months to a year before distributions, but it can be quicker. However, the court will not allow distributions until the creditor claim period expires, which is four months from the date letters issued.
Not sure what you mean by... View More
he also made a will on whch I'm the only beneficiary,i just receive a letter from a lawyer stating that is the trustee of a revocable will my uncle made back in 2002,the lawywr is requesting me to turn the rentals collected from my uncles apartment building so they can be depocited in to the... View More
answered on Sep 12, 2017
I agree with Mr. Dorfman, you should get to a lawyer right away and before you speak with the other attorneys or parties. This sounds a bit two complex for any reasonable answer on this forum.
If you do not know where to start on your search for a lawyer, I would try your local county bar... View More
My father named me as the executor and sole beneficiary of his estate. But now my sister stands to receive half of the death benefit from my father's employer sponsored life insurance policy because no beneficiary was named on that policy. Doesn't the will super cede that?
answered on Aug 31, 2017
Dear Hacienda Heights:
Without reviewing the life insurance policy, or other documentation on the death benefit, I could not say for sure. It also is dependent on whether the benefit is subject to State or Federal Law. But, here are some guidelines.
What I can tell you is that who... View More
answered on Aug 31, 2017
Dear Glendale:
I am assuming here that the decedent did not execute a trust regarding the property.
What happens will depend. If there was no trust, then there is no one who has authority to do anything with the property. (Unless the gross value of all property is less than $150,000... View More
My sister lives in Arizona and we're firing our lawyer but they say I can't file her papers for her how can she do that she's too sick to come this way so how can she file from Arizona to California in a probate court
answered on Aug 30, 2017
Dear Los Angeles:
Sorry to here you had an unhappy experience with your attorney.
I think you may be mixing up "filing" with "drafting and signing and standing up in court."
Anyone can file pleadings with the, provided that they are signed by the... View More
Sum up. My father, resident of Ca, died. Checking and savings not listed as Payable on Death POD or TOD total $132,000. There are no other assets.
Wells Fargo wont accept Affidavit for transfer of personal property (less than 150k in California) because they say it has to come from... View More
answered on Aug 29, 2017
Wells Fargo is wrong, the laws governing a decedent's estate are those of the decedent's residence as of date of death. The location of where the account was opened is irrelevant as the situs of personal, as opposed to real, property, follows the owner.
If Wells Fargo refuses to... View More
Accident on 3/17/2015. Mother passed on 4/28/2016. Probate process opened and closed and now only receiving notice on 8/21/2017. My mother did have insurance but it's been cancelled since she's deceased and the car no longer is in any of the heirs' possession. Does the plaintiff even have a case?
answered on Aug 24, 2017
Redondo Beach, CA:
Not sure what the "Notice of Claim of Lien" is all about, and I would have a lawyer take a look at it.
However, there is a hard limitations on actions against a decedent, and claims by creditor's against a decedent's estate, of one year from... View More
My dad who just passed away left me as joint owner on all of his bank accounts. I have been on he and my mom's account handling their finances for 10 years. Sadly my mom also passed away 7 years ago. Now my dad has recently passed. After his passing the bank automatically made me primary owner... View More
answered on Aug 22, 2017
Covina, CA:
I would talk to a lawyer about this one, particularity as there is the legal analysis and the moral analysis.
To start with the basics, accounts which are held in the names of more than one person generally have a right of survivorship, in that the surviving owner has... View More
My mother passed away in March. Before she passed she changed her Will leaving everything to my sister. However, she has left out my Father who is still alive. The only asset is a car that was in my mother's name and a bank account, which before she passed took all the money out and started... View More
answered on Aug 21, 2017
Interesting question, and you should defiantly contact an attorney.
I am uncertain what you mean by your sister "vacating," so I am assuming that as all the money was in a joint account with your sister you mean that she is dismissing the probate do to the lack of property.... View More
I sign my rights over to my mother and my stepfather to raise my son they both passed my mother and my stepfather does that mean my son has rights to the property and the money before anyone else
answered on Aug 21, 2017
It would really depend on 1) what rights you "signed away" and 2) if there is a will or trust involved.
As a basic starting point, you would have to have either disclaimed your interest or assigned your inheritance rights to someone else to lose your rights to inherit from your... View More
My mother had money in the bank before she met her husband, she passed 2002 with a holographic will, my step father passed 2016 without a will, they were married 28 years in my mother will it stated us children get the company shares of 150,000.00,we never received them my stepfather got the check... View More
answered on Aug 18, 2017
Dear Long Beach:
You will want to speak with a lawyer about this, but here is some basic information to get you started.
As a general rule, inheritances through intestacy (no will) pass through the blood (or adoptive) relationships. Meaning that the step-children are not intestate... View More
A judgment debtor lived with his father in his fathers residence. The father died intestate and the mother predeceased the father. There are a total of six children, all adults. The fathers estate is a residence valued at $495,000, and money and stock is $288,236.60. The fathers eldest son opened a... View More
answered on Aug 16, 2017
Dear Upland:
You did not mention if this was a probate or trust estate, when the judgement entered, or in what capacity you are involved in the estate. (Debtor/Heir, Administrator, Trustee, etc.)
The short answer is that all of the judgement debtor's interest in the estate up... View More
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