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I'm just learning now that I'm a conservatee to a conservatorship that began in 2018 (my dad oversees it). I wasn't required to consent then or to be informed until 2024*. I'd like the court to review my case and update my rights. No one's ever mentioned a conservatorship... View More 
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answered on Nov 19, 2024
Here are key steps you can take to review your conservatorship rights:
Start by contacting the probate court in the county where your conservatorship was established - in this case, Los Angeles County Superior Court. You have the right to request copies of all documents related to your... View More
Most of it is going to the church and they do not want to negotiate with the heirs.
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answered on Nov 18, 2024
Trust challenges based on mental capacity can be complex, particularly for documents signed during Covid quarantine periods. The key factors will depend on the person's mental state at the time of signing, not just their physical location or circumstances.
To successfully challenge the... View More
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answered on Nov 18, 2024
In California probate court, after receiving the Petition, respondents have 30 days to file their answer. This deadline starts from the date they were personally served with the court papers.
If the respondent lives outside California, they still must meet this 30-day deadline unless they... View More
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answered on Nov 18, 2024
In California probate court, after receiving the Petition, respondents have 30 days to file their answer. This deadline starts from the date they were personally served with the court papers.
If the respondent lives outside California, they still must meet this 30-day deadline unless they... View More
The executor intends to sell his insterest in a property to a beneficiary at Current Fair Market Value. However, because the executor has not been acting (file estate taxes, pay property taxes, etc) for many, many years, the beneficiary wants to assess the damages and possible penalties before... View More
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answered on Nov 17, 2024
Your question touches on several important aspects of executor duties and potential fraud in California probate law.
The executor's failure to perform basic duties like filing estate taxes and paying property taxes for many years likely constitutes a breach of fiduciary duty, as... View More
My mom passed 07/04/24 I'm a beneficiary along with three other siblings my sister is executor she is being very difficult to deal with I have asked her for a copy of the trust she refuse I sent her a demand letter for a copy of the trust she received it but of course ignored it she has... View More
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answered on Nov 14, 2024
I'm sorry you're facing this challenging situation. Start by formally requesting a copy of the trust and a detailed accounting of the estate in writing. Send this request via certified mail so you have a record of your efforts to communicate.
If your sister continues to withhold... View More
my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More
answered on Nov 14, 2024
Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More
My court date isnt for 2 more months, the issue is when my uncle passed he had a tenant whose rental agreement was up and he was not going to renew it and a freeloader who my uncle had told he had 30 days to get out. How do i get them out as fast as possible. They are destroying the property, they... View More
answered on Nov 14, 2024
I'm sorry to hear about your uncle passing and the freeloading tenant. I recommend hiring an attorney who may do the following: Secure Letters of Special Adminstration, which will expire when you are appointed Administrator. The petition for special administration should include special... View More
I really need to speak to an attorney to give more details as it is lenghty and complicated.
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answered on Nov 14, 2024
Let me help point you in the right direction since time is critical with your upcoming court date.
For immediate assistance with pro bono legal services, contact your state's bar association - they maintain lists of attorneys who offer free legal help and can match you with someone... View More
To continue the long inacting (5+yrs) executor case. Is there a person / organization I can contact to amend the probate code? In my case, I am the backup executor in the Will in case the executor is unable/unwilling to perform. The executor is an alien that has no ties to CA. In other words, no... View More
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answered on Nov 14, 2024
You raise some valid concerns about the challenges with out-of-state executors, especially in high-value California estates. For changes to the probate code, your best route would be to contact your state representatives and senators, as they can introduce legislation to modify existing laws.... View More
To continue the long inacting (5+yrs) case. I suspect the buyout contract is to allow the executor remaining in position to finish the probate. However, the decedent died 10 yrs ago, the executor filed the probate 2yrs after death. I contested the appointment because all probates outside the... View More
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answered on Nov 14, 2024
Your frustration with this lengthy probate case is completely understandable. Five years of inaction from an executor is excessive, and ten years since the death is concerning, especially given the relatively straightforward nature of the estate.
California courts generally aim to protect... View More
I am trying to remove a long (5+ yrs) inacting executor. Ever since he was appointed 5+ yrs ago he did not file anything, failed to collect assets, did not pay property taxes nor he maintained the property. I have partial ownership in the property and the remaining interest is the estate to be... View More
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answered on Nov 14, 2024
Settlement negotiations can be valuable in probate litigation, but they aren't always necessary, especially when dealing with an executor who has clearly breached their fiduciary duties. Your situation involves multiple serious violations - failure to file required documents, neglect of... View More
I was contacted by a private investigator concerning if I was my late father’s and I said yes, and he proceeded to tell me to contact this attorney which I did and she wanted proof birth certificates, proving that I was my father‘s daughter she says that she cannot discuss anything with me... View More
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answered on Nov 15, 2024
While a surviving spouse property petition can transfer assets quickly after death, the transfer isn't always final if there are trust or inheritance issues that weren't properly addressed.
Your situation sounds complex since it involves multiple layers - your grandparents'... View More
Which I was then he told contact attorney as I did she asked me to show proof of who I was and my relationship to my late father then she tells me to get a hold of thi attorney which we will not return my phone calls or my emails, but then I find the court papers filed my dad was once the... View More
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answered on Nov 15, 2024
You should absolutely consult with a different attorney since the current one isn't responding to you. When a private investigator is trying to locate heirs, it often means there are assets or inheritance matters that need to be resolved.
Based on what you've described, with your... View More
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answered on Nov 15, 2024
If you choose not to move forward with probate in California, several important consequences could arise, particularly if the estate includes assets that require probate to transfer ownership.
Without probate, you may face difficulties accessing or transferring certain assets like real... View More
Real property is being transferred through probate. We are planning to file:
-the Order for Final Distribution (which would be considered a receipt)
-a Grant Deed (this is also needed to officially change the title correct?)
With the county recorder office.
Can we... View More
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answered on Nov 15, 2024
In California probate cases, you actually need an Executor's Deed rather than a Grant Deed to transfer real property - this is the proper legal instrument for transferring property through probate.
The Order for Final Distribution provides the legal authority for the transfer, but the... View More
reviewed Local Rule 7132 A, B and C. (A) NOTICE MAILED to REAL PROPERTY ADDRESSES references using DE-310 to Determine Succession to Real Property, line (8) GROSS VALUE has limitations not to exceed $184,500, ours is at $400,000, or using SPOUSAL or DOMESTIC PARTNER PROPERTY references DE-221, we... View More
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answered on Nov 15, 2024
Based on your situation with a real property value of $400,000, you cannot use form DE-310 (Petition to Determine Succession to Real Property) since it's specifically for properties valued at $184,500 or less. This limitation is strict and cannot be circumvented by leaving the value blank.... View More
We are in escrow and the ‘seller’ (and sellers agent and title) did not disclose that the house was under a trust and the ‘seller’ was not listed. He had a certificate of trust which Title and his realtor knew was not valid. They still executed our offer and allowed him to sign as a... View More
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answered on Oct 31, 2024
Hire a competent CA attorney to search the title and sue the grantors for breach of warranty of title.
I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.
answered on Oct 30, 2024
No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More
Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More
answered on Oct 30, 2024
Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More
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