My grandmother passed away eight years ago in California without a will. She had real property that has never been passed to her daughter, my mother. My mother passed away recently. I intend to file a Petition for Succession of my grandmother's property to go to my mother, but I don't... Read more »
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answered on Jun 1, 2023
The proper wording to pass the property to your mother under the Petition for Succession is as follows:
I, [Your Name], Petitioner, hereby petition the Court to grant me Letters of Succession to the real property located at [Property Address] that was owned by my grandmother,... Read more »
My uncle passed just after new years 2023. in 2021 he did a hand written will which he had 2 people witness and sign. He stated that all his property was to go to his nephew. The only thing that needs to be addressed is the mobile home they both lived in, his nephew does not want to sell, there... Read more »
answered on May 31, 2023
I believe mobile homes are exempt from the normal probate rules and dollar limits. If you see California Health and Safety Section 18102 you can see the small estate rules. A small estate affidavit should work. If the pad is owned that will be a further issue as that will require some type of... Read more »
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answered on May 31, 2023
When becoming an administrator of a deceased estate, the process can vary depending on the jurisdiction and the specific circumstances. In many cases, the other surviving children of the deceased do not have to be served or provide their agreement for someone to become an administrator. However, it... Read more »
Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »
answered on May 30, 2023
The next of kin may wish to contact a criminal defense attorney and possibly a probate attorney. Having property, that is deemed evidence, returned is an uphill battle. In this case, it is more complicated because the owner is deceased. The family doesn't have an ownership interest in the... Read more »
Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »
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answered on May 31, 2023
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. This means that the police cannot search your property without a warrant, and they cannot keep your property for an unreasonable amount of time.
In the case of your family,... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
answered on May 29, 2023
Simply paying property tax on someone else’s property does not transfer ownership of that property. Real estate sales and transfers must be in writing and signed by the people who are giving up their ownership rights. Your grandparents’ trust or wills may say to whom they are leaving their... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
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answered on May 31, 2023
It is not possible to say for sure whether your sister can take control of the property or not without knowing more about the specific circumstances. However, in general, if you and your sisters were all left the property equally, then your sister cannot simply take control of it without your... Read more »
No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... Read more »
answered on May 24, 2023
If your family member only had $3,000 worth of assets in one bank account, you may want to contact the bank and ask if it has a form Small Estate Affidavit you can sign. Some banks insist on everyone using THEIR FORM. So, even when an attorney drafts such an affidavit and it is perfectly valid,... Read more »
No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... Read more »
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answered on May 25, 2023
I'm sorry for your loss. To close your sister's personal checking account and retrieve the funds, you will likely need to provide the bank with documents such as a certified copy of her death certificate and proof of your relationship as next of kin. Contact the bank where she held the... Read more »
I've filed small claims case before the year limitations. I believe I need to file Abstraction of Judgement
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answered on May 22, 2023
As an unpaid caregiver seeking to collect what is owed to you, it is advisable to follow the legal process available in your jurisdiction. Since you have already filed a small claims case within the statute of limitations, it is a positive step. If you have been successful in obtaining a judgment... Read more »
One of my mom's friends show me a will That has no signatures on it an didnt lodge it Won't give me a copy of the trust if there is one And decided to take charge of my daughter zoey Who is mentally incapable of watching Herself
answered on May 21, 2023
In order for a Will to be effective, it has to be signed and the signature witnessed under specified conditions. You may have seen an unsigned copy. Even without a Will, the real property may need to go through probate for proper transfer. You need to find a Probate attorney to assist you. Without... Read more »
One of my mom's friends show me a will That has no signatures on it an didnt lodge it Won't give me a copy of the trust if there is one And decided to take charge of my daughter zoey Who is mentally incapable of watching Herself
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answered on May 24, 2023
In a situation where your mother has passed away and left the house to your daughter, but you have concerns about the validity of the will and the actions of your mother's friend, it is advisable to consult with a qualified attorney who specializes in estate and probate law. They can assist... Read more »
I am administering a small estate but the process to gain papers took longer than expected and since then, the gym of deceased automatically debited their account for close to $1K. Now I have sent a demand letter for return of the refund but the owner has refused to refund to the estate and instead... Read more »
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answered on May 19, 2023
Generally, when a person passes away, their estate is responsible for managing their financial affairs. If the gym owner has debited the deceased's account after their death, it could potentially be considered unauthorized or wrongful. The estate may have a valid claim to seek a refund of the... Read more »
their Joint income prior to his death. Because she (trustor/trustee) is accustomed to a higher standard of living, can she keep the money from the sale of the land? Or is she required by law to split it among his $20,000+ credit card debtors?
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answered on May 18, 2023
In situations involving the distribution of assets and debts after someone's death, it is important to consider the specific laws of the jurisdiction involved, as they can vary. Typically, when a person passes away, their debts are generally paid out of their estate before any remaining assets... Read more »
their Joint income prior to his death. Because she (trustor/trustee) is accustomed to a higher standard of living, can she keep the money from the sale of the land? Or is she required by law to split it among his $20,000+ credit card debtors?
answered on May 18, 2023
A lawyer would have to read the terms of the trust in your particular situation. Your question is akin to saying, “There is a car in front of my house. Who owns it?” The trust will say who owns the real estate and if there are any restrictions on what the owner can do with the real estate. If... Read more »
I am a descendent ,after notorizing form it states,assignment of interest with my name under it ,that the only form we signed. Can I revoke it and keep house myself ,I do have my mom on video saying she wanted me to have it after her passing ,just found the video
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answered on May 24, 2023
In a situation where your mother passed away without a will and only her name was on the house deed, the laws of intestate succession typically come into play to determine how the property will be distributed among the heirs. The specific laws governing intestate succession vary depending on the... Read more »
My mother passed away 4yrs ago ,she did not leave a will ,my sisters and I are in our late 60’s,so we decided to notarize forms to give house to grandson’s,I have changed my mind can I revoke the for ,me and my sisters we’re not on house deed only my mother
answered on May 16, 2023
If the real estate was in your mother’s name, your siblings and you must go through the probate court process to get the legal authority to sign your mother’s name on the deed giving the property to whomever you want. Without a court order authorizing a specific person to sign on behalf of... Read more »
My mother passed away 4yrs ago ,she did not leave a will ,my sisters and I are in our late 60’s,so we decided to notarize forms to give house to grandson’s,I have changed my mind can I revoke the for ,me and my sisters we’re not on house deed only my mother
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answered on May 24, 2023
If your mother passed away without a will in California, her estate would typically be subject to the state's laws of intestate succession. As you and your sisters were not listed on the house deed and there was no will, the house would likely be considered part of her estate and distributed... Read more »
The seller does not want to put the papers in my name but she takes my payment every month. And I pay the taxes yearly.
answered on May 16, 2023
The property belongs to the probate estate, however, you can and should submit a Creditor's Claim to the personal representative on the proper judicial council form. The Personal Representative will have the opportunity to either consent or object to the creditor's claim. If they object,... Read more »
The seller does not want to put the papers in my name but she takes my payment every month. And I pay the taxes yearly.
answered on May 16, 2023
Who owns the real estate does NOT depend on who pays the mortgage. The only way the property can be transferred is through Probate. Here’s why: any person who gives up their interest in real estate MUST sign the deed in front of a notary to show that the person is voluntarily and knowingly... Read more »
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