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I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More 
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answered on Jul 26, 2024
Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More
A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More
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answered on Jul 26, 2024
To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More
I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More
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answered on Jul 22, 2024
I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
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answered on Jul 20, 2024
In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.
If the notary is also a real... View More
Wanted me my sister and brother to have the house. My two other brothers had passed before him, one had kids. They have not seen him called him in 4 yrs. He was hurt. I want to stay in the house I'm already paying the mortgage and the roof. Waiting on the death certificate. My brother and I... View More
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answered on Jul 19, 2024
Under California law, when someone passes away without a will, their estate is distributed according to the state's intestate succession laws. Since your father did not have a will, the house will be distributed based on these laws. Because you and your siblings are the next of kin, you are... View More
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answered on Jul 19, 2024
I'm sorry for your loss. Under California law, as a surviving child, you do have the right to request a copy of your mother's will. Typically, the executor of the will is responsible for providing copies to all beneficiaries and heirs.
You can contact the executor and request a... View More
We were just notified a petition to determine heirs was held 6/13/24. The Estate is fairly extensive... quite a few stock holdings. 2of the real properties are the show stoppers though...so much so, that our Uncle wishes to buy out our interest at $10,000 each for each property. ($20,000... View More
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answered on Jul 17, 2024
You and your Brother will need to hire a competent SC attorney to represent you all in that Heirship Proceeding. It does not appear that you have any idea what properties are involved or their values. Find a local attorney in the County of most of the lots. He should be familiar with the... View More
Court note: The statement regarding Notice to the California Victims Compensation Board must not only address whether any heir or beneficiary are presently confined but also whether any heir or beneficiary was incarcerated in the past. Clarification is needed.
Original: Petitioner sent no... View More
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answered on Jul 18, 2024
Court note: The statement regarding Notice to the California Victims Compensation Board must not only address whether any heir or beneficiary is presently confined but also whether any heir or beneficiary was incarcerated in the past. Clarification is needed.
Original: Petitioner sent no... View More
"Even with a waiver of account, information is required regarding any sales or changes in assets and to specifically state the assets on hand for distribution. CRC 7.550, 7.651."
1) I had a section titled: SCHEDULE OF PURCHASES OR OTHER CHANGES IN FORM OF ASSETS summarizing... View More
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answered on Jul 18, 2024
Under California law, even with waivers of account, you need to provide information regarding any sales or changes in assets, and specifically state the assets on hand for distribution. This requirement ensures transparency and accuracy in the final distribution of the estate, in accordance with... View More
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answered on Jul 17, 2024
When petitioning the Solano County courts for permission for final distribution in probate, you'll need to follow a specific format and procedure. Here's an overview of the process and the format you should use:
1. Form: Use the Judicial Council Form DE-295, titled "Ex Parte... View More
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answered on Jul 18, 2024
I’m sorry for your loss. In California, if your husband passed away without a copy of the will and you're not on the title, you can still take steps to address the situation. First, you'll need to initiate probate proceedings. You can do this by filing a Petition for Probate with the... View More
My mom passed away somewhat suddenly and left behind a bank account with a significant amount of money. I am not the beneficiary on the account, and the bank cannot tell me who is because I'm not authorized on the account. My mom didn't ask or tell anyone who the beneficiary was before... View More
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answered on Jul 16, 2024
Hire a CA attorney to file Probate. With Letters of Administration you will be authorized to marshal up the assets.
if an estate is currently in probate and has been motioned to sell and distribute the proceeds to the beneficiaries but the estate is delinquent on taxes and is scheduled or a public tax auction what are my options what can I do
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answered on Jul 18, 2024
In California, when an estate is in probate and facing delinquent taxes or a potential tax auction, it's crucial to take timely action to protect the estate and the interests of the beneficiaries. If the estate owes taxes and is at risk of a public tax auction, you should first seek legal... View More
what happens if an estate currently improbate with mostly to sell immediately has delinquent taxes and is scheduled to be sold at a public tax auction?
answered on Jul 15, 2024
Thank you for your question!
It would stay the foreclosure after providing proof of the successors of interest that the property is going to be sold. The tax due amount will be deducted from the sale proceeds before its distribution.
This is merely a discussion of general laws and... View More
My brother had an amendment drawn up for our grandfathers trust during the pandemic via email being the only one ever speaking to the attorney/law office that he got it through. The amendment only benefits my brother and he was the only one present with my grandfather when it was signed with the... View More
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answered on Jul 18, 2024
Under California law, an amendment to a trust can be valid even if it was made via email and without the settlor speaking directly to the attorney. The crucial factors are whether the amendment meets the legal requirements for trust amendments and whether the settlor had the necessary mental... View More
I am a beneficiary of a trust and my brother and aunt are also beneficiaries as well as the trustees. They need my signature to sell the house, but I don't want to sign because I was told i was to receive 25% and now am only getting 12.5%. So if I hold out on signing the papers because i was... View More
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answered on Jul 18, 2024
Under California law, holding out on signing the sale documents to negotiate a higher share of the proceeds does not constitute blackmail. Blackmail involves threatening to reveal damaging information unless demands are met, which is not applicable in this case.
You are within your rights... View More
To the tune of 400 some odd questions when we have a Mandatory Settlement Hearing on August 9 , 2024. Most of the questions were answered in my petitions to the court already. Debraannturner@gmail.com
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answered on Jul 18, 2024
Under California law, trustees have a fiduciary duty to act in the best interests of the beneficiaries and may use legal tools such as Special Interrogatories to gather information. However, the number and scope of these questions should be reasonable and relevant to the case. If you believe that... View More
This all arises from being appointed. My Mother's representative for her estate.
The probate court says I now need to file the deed of distribution. Can you please help me understand the process
answered on Jul 9, 2024
There are several probate attorneys who offer free consultations. Also, some of them work based on contingency fees. You can consult with an expert to make sure all your rights are preserved.
Hearing on August 9, 2024. The opposing side sent me 3 Docs Interrogatories Special total 245 Questions. Request for Admission 91 Questions and Production of Documents 100 questions. I read that they are not allowed to ask for these before a mandatory Settlement Hearing. If allowed how many... View More
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answered on Jul 18, 2024
In California, during a Mandatory Settlement Conference (MSC), discovery is not typically conducted. The purpose of the MSC is to facilitate settlement discussions between the parties and not to engage in extensive discovery. While discovery can be pursued during litigation, the timing and extent... View More
9, 2024. I was served papers from the opposing side. Special Interrogatorries that had 3 parts. Request for production of Docs 100 questions. Request for admission 91 Questions, Special Interrogatories 245 questions. I read that the opposing side is not allowed to request these Docs before our... View More
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answered on Jul 18, 2024
Under California law, there are specific limits on discovery requests in civil cases. Generally, each party is allowed 35 special interrogatories, 35 requests for admission, and an unlimited number of requests for production of documents, though they must be reasonable in scope. The numbers... View More
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