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Hi,
I have a family member who's scared of being left without a home if her older husband passes away. She asked him about being included in the title, but the husband got strangely defensive about it and wanted to only keep his name on the title.
Where does that leave her?... View More 
I requested a inventory never been given one was never even notified she was trying to become there personal representative till I happen to see it in the court records ...try to have her removed judge left her as PR what can I do
What is the statue of limitations on this "wrongful death" case and can I ask for an extension or continuance for filing it?
Also, their is of course a breach of fiduciary duties lawsuit that I would like to file and an immediate request to remove her or an injunction.
Do... View More
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
The warrant is for failure to file an accounting form. I did try to reach out to the court about help with filing the form and no return response. Nonetheless it didn't get filed. So now I have a bench warrant with an $11,000 bond no 10%. I need to get it cleared up. I tried to contact the... View More
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answered on Nov 19, 2024
Hire a competent MI attorney to draft your final accounting. File it and serve it on all interested parties. Then your lawyer takes you to Probate Court and asks to to set aside the capias since you have finally filed the required accounting. You may need to put your own money in the... View More
I know of a trust fund in my name and would like to find out details as I don’t know anything about it other than the fact that it exists.
Is a power of attorney legal if it has marked thru incorrect and corrected addresses?
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answered on Nov 19, 2024
If the POA was executed correctly after the corrections, then it should be enforceable. Principal might make a new POA if the document is an obvious mess. Make 3 or 4 originals.
10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would... View More
answered on Nov 19, 2024
You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.
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
Can the judge or court be sued for there actions ..has judged the trustee by the lies from the PR can prove the lies the pr told judge
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answered on Nov 19, 2024
Judge has immunity from suit. But you may need to file an appeal from whatever orders were entered. It will be expensive and difficult. Hopefully you have standing as a beneficiary, etc.
Pr refused to do anything ..on 10-15-24 I saw she put the hm in her mom's name Karen Walsh she's Stepmom.. ..me or court has not been notified at all..I'm also being fined 7500 from city of PHX for not keeping yard up..I can't the PR asked the judge to not allow me to go on... 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
With the court system and she didn't have a will and I'm the sole heir as I am the only surviving child of hers
answered on Nov 18, 2024
Is the deed signed, dated, and properly notarized (signed and stamped by notary public)?
If so, would anyone object to the deed's validity and claim that your mother did not actually deliver the deed to you as the new owner? Deeds need to be "signed, sealed, and delivered."
My dad stated I would be owner he he passed. My brother was the administrator and didn’t pay off the liens on the house nor distribute the estate money. The house went into foreclosure and I paid the liens off to keep the house because I was already living there with my children. I want to know... View More
answered on Nov 18, 2024
You can file a suit to partition the property by sale and offer to buy out the other two heirs' interests.
Revocable living trust with pour over will. None of us successor trustees is resident in the US. Two policies allocated to pay funeral expenses, legal costs, outstanding bills, and the cost of getting one of us to VA to wind up her home. Attorneys refuse to give any advice until paid upfront, but... View More
Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?
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answered on Nov 17, 2024
If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.
If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have... View More
This took place in Florida. The hospital was very strict on no visitors, and since it was a weekend, the PR was unable to contact the lawyer. This dictated change over the phone was unable to be signed / witnessed before he died. It was just a matter of hours from the phone call to his passing. Are... View More
answered on Nov 16, 2024
Unfortunately, the change to the will would need to have the formalities necessary to create a legally binding will - the maker is of sound mind, the will is written or typed, the will is signed by the maker, and two witnesses sign the will in the presence of the maker. During COVID, a new law was... View More
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