We told the attorney but during the trial he told the judge that we want 5 years and we thought once that is granted what we stated on the application for restraining order will be granted. It was after that the attorney reported that only 5 years was granted and nothing else by the judge. Could we... Read more »
I have had minimal contact with my step mother since my father passed away. She won’t text much or talk on the phone very long, now won’t answer at all. Got a copy of his death certificate and found out he died in California and recently bought a house before he passed. No one in the family... Read more »
It’s not necessary as long as you keep making the mortgage payments, but if you want to know the outstanding balance or want your monthly statements to be sent to another address, then yes, let the lender know of your parents death. Now, if you’re dealing with a reverse mortgage, the lender...Read more »
Yes. If you fail to pay the mortgage, you will lose the home to foreclosure. Death of a borrower does not trigger a due on sale clause. If you make the mortgage payments, keep track of them all and claim reimbursement from the estate when you can. Without a Will, the children will inherit the...Read more »
Your siblings have no legal authority to evict you from your mother's house. Only a personal representative for your mom's estate would have the authority to do so, and to become a personal representative requires a probate. Until that time, you have every legal right to remain in the house. If...Read more »
my dad lived in my grandmother's house when he passed my aunt changed the locks and told me that she has power of attorney over my grandma and I need to stay out of the house how do I get his belongings back
To do this right, you need to hire a probate attorney to open a probate of your dad's estate and ask that the court appoint you as the executor. Then, as executor, you will have the power of the probate court to back you up as you demand access to gather up your dad's things and distribute them...Read more »
If your mom did not leave behind an estate plan; specifically a living trust, the estate will go through probate, assuming it carries an overall value in excess of $150,000. Whether probate is necessary however, does not change your rights. Without an estate plan, the estate passes via intestate...Read more »
Now my father in law passed away then my son is still minor, the insurance ask us court appointed guardian to get my son’s claim. We went to court and they did not help for guardianship estate, we cannot afford to get a lawyer. We dont know what to do to get certificate from the court stating... Read more »
The insurance company is asking for letters of guardianship which can only be granted to a guardian by a probate court. Merely being the parent of a minor is insufficient authority to claim insurance money belonging to a minor.
A court cannot give legal advice, nor can a legal document...Read more »
You are looking for a trust administration attorney. Even better would be an attorney that also handle trust litigation. The attorney can review the trust and advise you as to what needs to be done to replace the MIA trustee.
Only parent dies with trust. Multiple properties have to be sold. Beneficiaries are 3 brothers and one sister. Sister dies unexpectedly a month after parent dies. Now we have to go through probate as sister left no trust or will. Her share of parent's trust will have to go through probate.... Read more »
More than likely a probate will need to be opened for sister's estate before you're allowed to close parent's estate. Once an executor is appointed to sister's estate, perhaps a deal can be struck among the beneficiaries of sister's estate allowing for an in-kind distribution of estate assets to...Read more »
Mom died, properties need to be sold to distribute to beneficiaries. I am a beneficiary due to inherit about $500,000. I have cancer. How can I make my own trust for people I want to be my beneficiary, when I don't yet have the amount I am due to receive from my moms trust? It will take a long... Read more »
Assuming it's possible in your mom's trust, assign in writing all of your right, title and interest in your mom's trust to your revocable living trust. It's possible if your mom's trust does not have a standard spendthrift provision in it. If it does, then you'll have to create a standard Will...Read more »
My mother in law died in 2008 after a long illness, the only thing of value she left behind was two pieces of jewelry valued around $25k. My husband died two years later and I expect to have the jewelry in my possession shortly, as it was misappropriated at the time of his death, but has been... Read more »
You can start by obtaining written appraisals from a reputable jeweler. Show the appraisals to the children and offer to pay them each 1/6th of the appraised value. Be sure to get signed receipts from them when you pay them. The receipts should specifically mention that in exchange for the...Read more »
It's the lender who signs off on a deed of reconveyance when a loan secured by real property has been paid in full. If the decedent and/or the decedent's estate loaned money to someone and received payment in full, yes, the executor of the estate would sign off on the deed of reconveyance. No...Read more »
she had $1,400 in her checking account when she passed. I recently received a letter from her bank stating that after three years they may transfer her property to the state of California. Can I get this money and how do I get it? Thank you very much.
Assuming you are entitled to the money (sole next of kin or named in will) then do a small estate affidavit. Forms available at some banks but, if not, then online. That should be it. Just google "California free small estate affidavit form" or something like that. Good luck.
They asked for a copy of the death certificate to process a beneficiary claim. It doesn’t say specifically he is the beneficiary but this letter came 3 years after her death out of the blue. We sent fidelity the death certificate after getting it from the state of her death. We have heard nothing... Read more »
Father died with Testamentary Trust. Mother was managing. She has now died, and had a trust also. Her trust is now irrevocable. Does his Testamentary Trust have to go through probate again, since it had already been in probate to establish it from his Will?
Some facts are missing so it is not possible to answer your question, but the short answer is if anything was distributed from the testamentary trust outright to your mother, then those assets would be part of her probate estate. Otherwise, no, all you need to do is follow the process spelled out...Read more »
If it can be established that their home was held as community property, then the adjusted basis of their home would have been stepped up to its full fair market value at the time of your father’s death for income tax purposes, meaning there would be no capital gain as of your father’s date of...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.