Richard Samuel Price's answer If this is a probate matter for a decedent's estate, then you can file a petition for a preliminary distribution of the estate, but if there are no bills to pay, then you should just file the final distribution.
If there is a blocked account, then you'll have to file the appropriate petition and order.
Call or email an attorney for a full consultation.
John B. Palley's answer Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.
IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...
John B. Palley's answer Honestly I would petition the court and ask to switch to IAEA powers, get bonded, and get rid of the blocked account. It will be easier to handle estate business including, eventually, selling the house. There is a judicial council form to make the switch to full IAEA powers. If you don't have one I would advise hiring attorney. Should make your life easier. -John
Jeffrey Louis Gaffney's answer Yes you can, but it would be a very bad idea anyway you look at it. The executor would be personally liable for any debts or taxes if he gave away too many assets.
Normally it requires the assent of all the parties involved, so any one person can block it.
A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the...
Richard Samuel Price's answer No, a petition and an order to withdraw funds from a blocked account are separate forms. Use Judicial Counsel Forms MC-357 and MC-358 to request withdrawal of funds from a blocked account.
Richard Samuel Price's answer I'm sorry that you are going through this. You should have a sit-down discussion with your attorney to understand what has happened. If you don't get satisfactory answers, you can switch attorneys.
Bruce Alexander Minnick's answer Although I do not practice in California, unless I miss my guess the taxing authorities will continue assessing taxes on the entire piece of property because they are only interested in collecting the taxes and do not care who owns it. You might want to engage the services of a real estate lawyer in the county where the property is.
Jeffrey Louis Gaffney's answer The Probate process begins with someone filing a Petition with the Probate Court, along with the Will if there is one. A court date is assigned 15 to 30 days out. The petitioner is required to give notice of ths to all heirs, beneficiaries, creditors and persons of interest so that they can object to the proceedings.
If she did not ever give you notice, you can go complain to the judge. If the hearing still has not happened, you can appear and make your objections.
Jeffrey Louis Gaffney's answer If your friend executes a Power of Attorney it will list specific authorities that he gives you over his property. He may have made a very limited one, or a very broad one. If he gave you a broad Power of Attorney then he gave you the authority to handle his taxes, buy and sell real estate, pay his bills and do his banking. Most Powers of Attorney have a laundry list of powers that can be given or withheld -- you will have to look and see what this particular Power of Attorney grants.
Genene N. Dunn's answer If you are asking how you get on a trust account at a bank, you generally have to be a trustee in order to be on a trust account. There are many different options if the current trustee needs help that an attorney can assist with.
He is entitled to do whatever he wants to with his property upon his death, within the limits of his not giving away community property that belongs half to his wife.
The trick is how the property is deeded. Is it just in his name, or is his wife's name on it too? Is any of it registered as a Trust? Much of the property could belong to his widow but she has just never changed the deeds.
However, normally a grantor retains rights (written this way explicitly in the Trust) to do pretty much as he pleases with every asset. This only applies to a Revocable ("Living") Trust. If the Trust was Irrevocable then the grantor retained absolutely no authority at all to do anything.
The fact that the condo was never deeded to the Trust raises its own questions. When I advise a client, I make...
Bill Sweeney's answer Under California Probate Code Section 16007 the trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust. The powers and duties of a trustee are spelled out in the trust instrument. Under California Probate Code Section 16002 the trustee has a duty to administer the trust solely in the interest of the beneficiaries.
Sally Bergman's answer If the spouse had retitled the property into the name of the spouse's revocable trust, the answer is a clear yes. If the spouse had not done so, it may still be possible to transfer the property into the trust, but you will need to file a court petition to accomplish that transfer. This would not be a do-it-yourself kind of project, but most attorneys who practice in this area of law are quite familiar with these petitions.
Unless he adopted the step children, they have no rights to his property.
When you die without a Will, called dying intestate, the law steps in a divides your property based on what family you left and step children get nothing.
However, if your grandfather put his wife on the deed, then it can be assumed that was a gift to the community, making the house a community property asset (half belongs to each). If they held it as joint tenants, then the...
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