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1 Answer | Asked in Probate for California on
Q: What is the difference between Small Estate Affidavit and Affidavit RE Real Property Small Value for use in California
James L. Arrasmith
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answered on Jun 20, 2024

In California, a Small Estate Affidavit and an Affidavit RE Real Property of Small Value serve distinct purposes when dealing with a deceased person's estate. A Small Estate Affidavit is used to claim personal property, such as bank accounts or vehicles, without going through formal probate,... View More

0 Answers | Asked in Probate for Texas on
Q: i wanted to make sure i wasnt charged twice during probate. the attorneys office isnt making this easy

under the register from the court nothing about his fees were present. If the court doesnt know and i didnt pay him 60k then who did?

0 Answers | Asked in Probate for Wisconsin on
Q: Can a case be reopened if someone had no knowledge of court proceedings and would have contested in court if they had

This would be for a case of probate court and from what I see are fraudulent stuff within the paperwork going on with amounts and a person truly not being the personal representative. Stolen will not being put into court for 4 1/2 months . I am trying to find a lawyer to help us understand what or... View More

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Is it illegal for the city to demolish a house I bought without contacting me?

The city demolished my house and did not contact me first. The house that I was in the process of refurbishing was knocked down before I was made aware. Now, I believe the city has a lien on my property for the demolition that I did not authorize. I was in the process of buying the property when... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2024

In almost all instances, the city is required to notify the "record owner" reflected in the official deed records at the address on file in the official records. If the owner moved, it is incumbent on him/her to timely change the address in the official records. If you were "in the... View More

1 Answer | Asked in Probate for Texas on
Q: Can my brother hide and keep bank account inheritance from our dad?

No will or power of attorney, can my brother get into the account, and if he does once he gets a lawyer is there any way that he could keep it without letting me know? Will the courts get involved and handle this without me doing anything?

James Clifton
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James Clifton
answered on Jun 20, 2024

You will need to file for probate of your father's estate. Once the probate has been filed, whoever is appointed as the personal representative of the estate will be required to provide an accounting of the estate assets. You will need to monitor the probate process to make sure it is being... View More

1 Answer | Asked in Probate for California on
Q: A retired attorney for the County of Los Angeles died leaving her predeceased spouse as her LACERA beneficiary in error.

Her son was her sole recipient of her will and trust but could not receive 100% of her benefits in direct conflict to his mothers will and Trust due to the LA county rules that say instead the money in her retirement be divided equally amongst all of her decendents in direct conflict with her... View More

James L. Arrasmith
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answered on Jun 19, 2024

In this situation, the conflict arises between the beneficiary designation for the LACERA (Los Angeles County Employees Retirement Association) benefits and the provisions of the deceased's will and trust. Generally, beneficiary designations on retirement accounts and pension plans supersede... View More

1 Answer | Asked in Probate for California on
Q: Can a bank demand written statements for an account that does fall under Probate codes 13100,13101?

I'm having an issue with my deceased mother's award check to be transferred to me under probate code 13100. Small Estate Transfer

James L. Arrasmith
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answered on Jun 19, 2024

I can provide some general information about California Probate Codes 13100 and 13101, but for a specific situation, it would be best to consult with a probate attorney. Here are a few key points:

1. California Probate Code 13100 allows certain assets to be transferred to the deceased...
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1 Answer | Asked in Energy, Oil and Gas and Probate for California on
Q: Does 25% Undivided interest in a 1.03 ac parcel need to go through probate? Also oil & mineral rights that pay $50/yr?

My mother passed 5yrs ago. Everything was left to just me in her trust. I have since found out a property she owns 25% undivided interest of was not in her trust along with some mineral and oil rights. I might be able to submit an Affidavit re Real Property of small value, but how do I know if it... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it seems there are a few key considerations:

1. Probate requirement: In California, assets that were not properly transferred into a living trust before the person's death generally have to go through probate. This would apply to the 25% undivided...
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2 Answers | Asked in Family Law and Probate for California on
Q: What method does a former conservatee use to consent to a final accounting and waive the accounting?

I have not found any judicial forms for this and there are no local forms in Riversidse County. Also what citataion can I use as the Autority?

Thanks!

James L. Arrasmith
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answered on Jun 19, 2024

In California, there is no specific Judicial Council form for a former conservatee to consent to a final accounting and waive the accounting. However, the former conservatee can provide their consent and waiver in writing, such as through a signed declaration or affidavit.

The authority for...
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1 Answer | Asked in Probate for Virginia on
Q: How do you prove undue influence in West Virginia? The testator was very old and frail and had been diagnosed with

Dementia. Her stepdaughter and stepdaughter’s husband secured an online will and filled it out for her, then had her sign it. They also secured two witnesses who both testified to only seeing her once a year. The will was not signed in the presence of the testator. Two different locations are... View More

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2024

Sounds like you need to consult with a West Virginia lawyer.

2 Answers | Asked in Probate for Oklahoma on
Q: I was adopted legally by my dad my brother says I get nothing because I was adopted and not a heir

my adopted dad passed in 2008 and my mom in 2018 brother refuses to split all. The only 2 that were mentioned of getting nothing in the will was my 2 boys. My brother says I am not a heir because I was adopted by my moms husband. we all have the same mom biologically. Brother sold thier property... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2024

You are an heir at law of both your adopted father and your biological mother. But if your parents had a Will, heir estates pass in accordance with what each Will says.

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2 Answers | Asked in Probate for Oklahoma on
Q: I was adopted legally by my dad my brother says I get nothing because I was adopted and not a heir

my adopted dad passed in 2008 and my mom in 2018 brother refuses to split all. The only 2 that were mentioned of getting nothing in the will was my 2 boys. My brother says I am not a heir because I was adopted by my moms husband. we all have the same mom biologically. Brother sold thier property... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2024

You are an heir at law of both your adopted father and your biological mother. But if your parents had a Will, heir estates pass in accordance with what each Will says.

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1 Answer | Asked in Probate for Texas on
Q: Can my brother hide any kind of inheritance from me from our recently passed father? No will or power of attorney

He told me there was nothing, and now I’m told there is some money at least in his bank account, It sounded like he was gonna have to get an attorney to access the account, he hasn’t told me anything and I haven’t asked….im wondering if I need to do something or if maybe an attorney and... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2024

If you do nothing, how will a court or attorney even know anything about it?

As an heir at law of your father, you have the right to file an application to probate your deceased father's estate. Even without a will, for a relatively simple and straightforward estate, probate is cheap,...
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1 Answer | Asked in Estate Planning, Banking, International Law and Probate for New Jersey on
Q: How do you get money from an account that was left to a deceased spouse in Puerto Rico?

My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?

James L. Arrasmith
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answered on Jun 19, 2024

To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:

1. Obtain a copy of your husband's death certificate and his grandmother's will or...
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2 Answers | Asked in Probate for Rhode Island on
Q: If the court appoints your lawyer as the fiduciary can you still fire them
Anthony M. Avery
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answered on Jun 18, 2024

No but you can move the Court to remove the fiduciary for cause.

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1 Answer | Asked in Tax Law and Probate for California on
Q: Estate earns rental income from my deceased dad's house; question on capturing that correctly on 1041 and Schedule E.

I'm executor of my dad's will and his only child and beneficiary. He willed his house to me and we refurbished it and rented it out at the end of 2023. There is a small amount of income from that rental that accrues to the estate, therefore. Doing the 2023 1041 form and Schedule E for... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it seems that for estate tax purposes, you should use the date of your father's death as the acquisition date of the property and the stepped-up fair market value (FMV) as the new cost basis for depreciation.

Here's the rationale:

1. When...
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1 Answer | Asked in Probate for North Carolina on
Q: My homeless brother was found dead in OK. I live in NC. Since he had no assets is probate required? He has a bank acct

Ally bank says according to OK laws, probate is required but from what I've been told, it's not necessary here in NC. He had no fixed residence- his address on the death cert says "transient", which the bank has a copy of. Ally won't allow me to close out his account, even... View More

Nina Whitehurst
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answered on Jun 18, 2024

If the value of the account is less than $50,000 you should be able to collect it using a small estate affidavit. The bank might even have their own form for that. If they don't a probate attorney in Oklahoma can help you with that.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mother died in Tx and her executrix, my sister, lives in Ca. I live in Tx. How do we change me to the executor?

Mother's only property is checking and savings account in California and a checking account in Texas. My sister and I are a co-owners of the California account and I'm the principal owner of the Texas account. Total value is under $70,000.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Jun 18, 2024

I notice you refer to your sister as executrix. Is this based on the writing of the Will or did you go through probate? A Will has no legal effect until it has been deemed to comply with all the laws of the state, typically by going through probate. If your sister was appointed by a probate court... View More

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: How to transfer land deed to children after death with Will, avoiding probate?

I live in Oklahoma. My mom passed away in 2019. She had a Pour over will and trust. Her home was deeded into the trust and the transfer of everything went smoothly without probate. However, after all was said and done, my brother and I realized my mom had inherited a piece of land (1 acre lot in a... View More

Timothy Carignan
Timothy Carignan
answered on Jun 18, 2024

If that piece of land was not part of the trust, then it now has to go through probate. There’s nothing else than can be done now.

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