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I have lived on a property with a mobile home for the last 25 years, which was owned by my mother-in-law until she passed away. The property was left to my husband in her will, but we are now separated. I have paid the property taxes for the last 8 years and have proof of payment. My husband had... View More 
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answered on Mar 12, 2025
Since the property was specifically left to your husband in your mother-in-law's will, he currently holds legal ownership. To have the property transferred to your name, your husband would typically need to execute a deed, such as a grant deed or quitclaim deed, formally transferring his... View More
I am the ex-spouse and previous power of attorney for a deceased individual. I need a posthumous qualified domestic relations order (QDRO) and am wondering why a request for order is necessary. Is there a specific format for a posthumous QDRO?
answered on Mar 12, 2025
As I said in my response to your similar inquiry -- both parties sign the QDRO. It is a stipulated order. To get a deceased person to sign the QDRO, a successor in interest needs to be designated and then sign on behalf of the estate. You do not necessarily need a Request for Order. Instead,... View More
I am the executor of my late father's estate in California and have recently received probate Letters with IAEA authorization. The beneficiaries have been verbally notified and have concurred with the sale of the estate assets including a vehicle and a house, although there is no will. The... View More
answered on Mar 12, 2025
Congratulations on being appointed administrator. With full IAEA authority, you can liquidate assets. You will need to send out a Notice of Proposed Action to all heirs when you accept an offer for the sale of the house. You will also need to set up an estate bank account, obtain an EIN number... View More
I need clarification on a posthumous QDRO and its differences from a regular QDRO. My ex-spouse passed away before I submitted a QDRO to his pension plan. Our divorce decree states that I am entitled to 50% of the pension and annuity, but no QDRO was submitted. Are there specific legal implications... View More
answered on Mar 12, 2025
A successor in interest will need to be appointed to sign the QDRO on behalf of the estate of the deceased plan participant.
In California, the executor of an estate, who is dealing with medical conditions, refuses to step down despite expressing willingness at one point. A lawyer reportedly told the executor that he cannot be removed solely based on knowing his name and date of birth. The will specifies a secondary... View More
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answered on Mar 12, 2025
In California, an executor can indeed be removed if beneficiaries show the executor is medically incapacitated or unable to fulfill their responsibilities effectively. The fact that the will specifically names a secondary executor in cases of illness or incapacity strengthens your position. The... View More
I am involved in a probate guardianship case where the biological mother is petitioning to terminate the guardianship of a minor child with a family friend as the legal guardian. Probate notes indicate that the minor child's adopted sibling is supposed to receive notice. Since the adopted... View More
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answered on Mar 12, 2025
In California probate guardianship cases, notice requirements typically extend to relatives who share a legal familial connection with the child. Once a sibling has been legally adopted by another family, their legal relationship with their biological siblings is usually severed under California... View More
I received an advance from a company, and they required that all money from a house sale be put into a blocked account until the end of probate. I signed an agreement with them regarding this arrangement. Is it legal for them to impose this requirement?
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answered on Mar 12, 2025
In California, it's generally allowed for companies to set conditions like placing house sale proceeds into a blocked account, especially if you've agreed to these terms voluntarily. When you signed the agreement, you essentially consented to these conditions, making them legally... View More
I am having issues with my probate lawyer and his wife, who is a realtor. Despite not being hired by me, she contacted my real estate agent about the status of the home sale and later participated in a conference call with my lawyer to pressure me into accepting the first offer on the property.... View More
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answered on Mar 12, 2025
You have every right to feel uncomfortable about this situation, as it involves a conflict of interest that your lawyer should be actively avoiding. The probate lawyer’s wife should not interfere in your decisions, especially if you haven't hired her. Clearly communicate to your lawyer, in... View More
I'm dealing with delays in closing two probate cases for my parents' estates, with my probate lawyer failing to file the final inventory as scheduled. My father's estate includes investment, savings, and checking accounts, while my mother's estate involves a house currently in... View More
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answered on Mar 12, 2025
First, communicate directly with your probate attorney to firmly express your urgency and clearly outline how these delays are affecting your financial situation. Request a specific timeline for completing and filing the final inventory, and insist on regular updates to monitor progress. If your... View More
If I take out a personal loan and gift the money to someone else, can it be collected from the recipient if I pass away?
answered on Mar 10, 2025
When someone passes away and leaves assets, those assets are called the deceased person’s “estate.” The executor or trustee of the deceased person’s estate will be responsible for repaying all of the deceased person’s debts whether or not the deceased person had a trust or will. (The... View More
I am in the process of transferring common stock shares that were owned by my late mother. Her account was designated as Transfer on Death (TOD), and I am the beneficiary and Successor Trustee of a Family Trust. These shares are considered Trust assets. A Medallion signature guarantee is required... View More
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answered on Mar 7, 2025
When transferring stocks as a TOD beneficiary who's also a Successor Trustee, your capacity on the forms makes a crucial difference. Since the shares are Trust assets, signing as "Trustee" rather than just "beneficiary" would likely resolve your Medallion guarantee... View More
In California, the Trustee has presented the first annual accounting of my trust, showing only monthly sums for Trustee and legal counsel fees without details. When I requested more detailed information, I was informed that the details of the legal fees are protected by attorney-client privilege... View More
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answered on Mar 7, 2025
As a beneficiary of a trust in California, you generally have broad rights to information about trust administration under Probate Code sections 16060-16069. When trustee fees approach $100K, your request for detailed breakdowns is reasonable and typically within your rights. While trustees must... View More
In my probate case, the opposing party is deliberately delaying proceedings. Their attorney has indicated plans to delay further by targeting the upcoming complaint hearing. How can I address this strategy to prevent further delays?
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answered on Mar 7, 2025
Dealing with intentional delays in your probate case can be incredibly frustrating when you're seeking closure. Document every instance where the opposing party has deliberately delayed proceedings, including their attorney's statement about targeting the upcoming complaint hearing.... View More
My father's will left his house 50/50 to me and my sibling. I'm the executor and plan, per our agreement, to transfer 100% ownership of the house to my brother. He previously signed a "Waiver of Accounting & Consent to Sale of Real Property," which was filed with a Notice of... View More
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answered on Mar 6, 2025
To transfer 100% ownership to your brother, you'll need to file a Petition for Final Distribution with the court, specifically requesting the property be distributed entirely to your brother according to your agreement. The previously filed Waiver and Notice of Proposed Action are helpful... View More
What happens if the sole beneficiary of a will in California dies before the will is executed, given that the deceased beneficiary has a child, no provision was included for such a circumstance, probate has not started, and no other beneficiaries are named?
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answered on Mar 3, 2025
This is a very easy problem to solve. The testator can have a new will drawn up with a revised plan of distribution and execute the new will.
My father recorded a video will after signing a Transfer on Death (TOD) deed for our jointly owned property. The TOD, dated September 8, 2020, specifies a 50/50 split between my brother and me. However, the video will states that my father leaves everything to my brother. The house is already under... View More
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answered on Mar 3, 2025
In California, a Transfer on Death deed (TOD) is generally considered a non-probate transfer that takes precedence over subsequent wills. Once properly recorded, a TOD deed effectively removes that property from what can be distributed through a will. This means the video will your father created... View More
I need to obtain copies of a testament in which I am included. My brother, who was the executor, has not provided me with any information or documents from the estate proceedings, which have already concluded. How can I formally request or obtain these copies?
answered on Mar 2, 2025
The court where the probate proceedings were held will have the will on file. You can go there and view the file and have copies of whatever you need.
I am involved in a trial concerning the removal of a lay executor from an estate. Although the will names me as the backup executor, and I am willing and prepared to serve, there is concern that the judge might appoint a public administrator or private professional fiduciary instead. Additionally,... View More
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answered on Mar 1, 2025
Yes, a California probate judge has the authority to appoint a professional fiduciary or public administrator instead of the backup executor named in the will, though this isn't the typical outcome when a qualified backup is available and willing to serve. While courts generally try to honor... View More
I am helping a client who is the daughter of a deceased U.S. citizen. We need to access probate records filed in a California court. What steps should we take to obtain these records, and are there specific requirements or challenges we should be aware of in California?
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answered on Mar 1, 2025
To access California probate records for your client, first determine which Superior Court handled the case by identifying where the deceased parent lived or owned property. You can then visit the court's website or call their clerk's office to verify their specific procedures, as each... View More
If a lay executor is removed, can a judge appoint a public administrator or a private professional fiduciary even if there is a backup executor named in the will who is willing and has done nothing wrong to harm the estate? The estate is relatively simple, and the judge might speculate that the... View More
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answered on Feb 28, 2025
Yes, you can withdraw funds directly from your child's custodial account to pay capital gains taxes, as long as those taxes stem specifically from the income generated by that account. This type of expense is considered valid because it directly benefits your child, who is legally the owner of... View More
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