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California Probate Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Legal Malpractice and Probate for California on
Q: Is it legal for my father's probate lawyer, to conspire with the people I hired him to remove, also coerce my sibling?

I walked my probate attorney's office explained to him that I had evidence that the Administrator of my father's estate had a fraudulent credit card in my mother's name. That her and her lawyer where trying to steal most of my inheritance. I handed him $7500, requesting him to have... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 23, 2021

much more info is needed.

it sounds like you are asking a probate question on a criminal site and most of us do not know probate law.

just because you hire a lawyer doesn't mean you will get 100% of what you want...

remember the other side did the same thing....
Read more »

1 Answer | Asked in Probate for California on
Q: My roommate’s mother died recently. How can he find if there was a will or claim a right to the estate?

My roommate’s mother passed away a couple months ago. He and his brother are her only surviving family, but they are estranged due to my roommate coming out as a gay man. He believes that she had no will. When my roommate went home for the funeral, he discovered his mother’s home had been... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 15, 2021

After a person passes away in California, depending on the value of the estate, the executor of his/her estate may need to probate the will with the local court. To start probate, an estate representative (usually the executor) files a Petition for probate of will with the local superior court in... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Probate for California on
Q: How to fight title Fraud? What do I need to prove my claim and how do tell court that there is no lease agreement
Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2021

You have provided insufficient information to allow me to answer your question. I suggest you contact an attorney in your area and ask for a free consultation. Make sure you take a full chronology of your story, stating what happened, when, who was involved, and identify all witnesses, both good... Read more »

1 Answer | Asked in Probate for California on
Q: why would probate judge give someone a chance to amend a petition for revocation for probate of will if the petition was

filed after a 120 days which is past the statue of limitations in california

Howard E. Kane
Howard E. Kane answered on Oct 14, 2021

The process for petitioning to revoke probate of a will in California is codified in Probate Code section 8270 et seq. which reads as follows:

8270. (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person...
Read more »

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Probate for California on
Q: If I signed a settlement agreement , is it binding or is there any way possible to back out of the agreement?
Neil Anapol
Neil Anapol answered on Oct 13, 2021

Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the... Read more »

1 Answer | Asked in Probate for California on
Q: can owners manuals be used as proof of ownership for probate code 850 and 859 hearing for stolen items from an estate

decedent passed away and his personal property was stolen and sold at yard sales. including his vehicles. can the decedents owners manuals be used as ownership proof for the stolen items? there are declarations from people that lived in the same household as the decedent that have filed with the... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

Per Probate Code section 859, if items of personal property were stolen from the estate, then the person shall be liable for twice the value of the property recovered by an action under section 859. The evidence code details many different types of evidence, and documentary evidence such as owners... Read more »

1 Answer | Asked in Family Law and Probate for California on
Q: Hi I need to find out how to become my mothers conservator she has a public guardian

Hello, my sister was my moms conservator but she fell ill and I guess when they couldn’t get it touch with her and claim they had no way to contact me so they appointed a public guardian. Now my mothers in the hospital I’m unable to make certain decisions i Need to find out how to file to... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 11, 2021

I'm very sorry to hear about your mom's situation and your sister falling ill. The official California Courts website is a good place to start the conservatorship process. A link to the self-help conservatorship web page is as follows:... Read more »

1 Answer | Asked in Probate for California on
Q: What is the alabama probate code.for if a. Parent dies.and dies does not have a well
Howard E. Kane
Howard E. Kane answered on Oct 6, 2021

If a parent dies without a Will, then the probate process which is supervised by the court may be necessary to settle the estate. This is especially true if the parent-owned real estate. I would consult with a local attorney so that the assets and debts can be inventoried. From there, you can... Read more »

1 Answer | Asked in Probate for California on
Q: does san bernardino superior court have a form for probate subsequent document filing coversheet
Howard E. Kane
Howard E. Kane answered on Oct 5, 2021

Are you preparing to fax file? If so, most courts require a special fax cover sheet that identifies the documents being filed and the amount pages. Unfortunately, the San Bernadino court website doesn't provide such a form. I would call the probate clerk and ask.

2 Answers | Asked in Probate for California on
Q: In the state of California as an heir how do I claim deceased person's property? (Cash, stocks, accounts)
Howard E. Kane
Howard E. Kane answered on Oct 4, 2021

Oftentimes with cash and stock accounts, the account holder lists the beneficiary through "pay on death" paperwork held by the financial institution. If no beneficiaries are listed, then an Affidavit per California Probate Code section 13100 should work if the assets are below the... Read more »

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1 Answer | Asked in Probate for California on
Q: if an heir files a petition to revoke probate of will after 120 days of the will being admitted to probate will their

petition be denied. they are not a minor. they are an estranged son who filed 6 months after the 120 days time limitation.

Howard E. Kane
Howard E. Kane answered on Oct 3, 2021

Their Petition should be denied unless they can figure out an end-around Probate Code section 8270, subsection (a) which must be read in the entirety. It reads:

"Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other...
Read more »

2 Answers | Asked in Probate for California on
Q: Do I need a probation ?

My husband just passed away. Our house is held as community property with right of survivorship. I am the sole beneficiary of his retirement accounts and bank accounts. His will left 10% to my daughter. Do I need a probate ? Can I settle the 10% of the estate to my daughter without the probation?... Read more »

James Edward Berge
James Edward Berge answered on Oct 3, 2021

Community property with right of survivorship passes automatically to the surviving spouse without probate but you’ll need to record an affidavit of death with the county recorder’s office to perfect your sole ownership of the property. Any joint ownership of bank accounts held with your... Read more »

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2 Answers | Asked in Probate for California on
Q: I live in California and my husband passed away. I am the beneficiary of everything.Do I need to file for probation?
Howard E. Kane
Howard E. Kane answered on Oct 2, 2021

I'm sorry to hear about your husband's passing. There is no need to petition the court for probate of a particular asset and have it transferred to you by order of the probate court unless there is no other legal way to transfer the asset to you. It's also a good idea to do some... Read more »

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1 Answer | Asked in Probate for California on
Q: what happens when someone is cited to court and they do not show up? for probate case 850 and 859 hearing
Howard E. Kane
Howard E. Kane answered on Sep 30, 2021

The procedure for obtaining a proper citation is detailed in Probate Code sections 1240-1242. The consequence for violating a court order includes a bench warrant to secure the appearance of the person properly cited. PC 1240-1242 reads as follows:

1240. Where use of a citation is...
Read more »

1 Answer | Asked in Probate for California on
Q: how to collect on judgment from respondents who were ordered to pay double damages for stealing from an estate

in california what are the ways to collect on a judgment

Howard E. Kane
Howard E. Kane answered on Sep 29, 2021

You can place a lien on the respondent's real estate by recording a certified copy of the Abstract of Judgment at the County Recorder's Office where the respondent owns property. I also recommend speaking with a seasoned collections attorney who can spell out a variety of other... Read more »

1 Answer | Asked in Probate for California on
Q: in a probate code section 850 and 859 petition does the respondent have to pay double damages for the stolen property

respondents stole all estate items claiming that the decedent was their step father. They were found to have no standing to contest the will because the decedent was not their step father. he did not adopt them nor raise them. they sold vehicles and all his tangible items. and have pocketed the... Read more »

Howard E. Kane
Howard E. Kane answered on Sep 29, 2021

Probate Code section 859 provides that an estate thief “shall be liable for twice the value of the property recovered,” and may also be liable for legal expenses incurred to recover the property, if you can prove the wrongdoer took the asset in bad faith, through undue influence, or through... Read more »

1 Answer | Asked in Probate for California on
Q: should motion to dismiss petition for revocation of probate of will be granted. the heir at law filed after120 days

estranged disinherited son filed petition to revoke probate of will 13 months after the will was probated. he did not contest before the will was accepted into probate. he has not petition to have executor removed. and since he hasnt been in the decedents life in over 35 years he has no way of... Read more »

Howard E. Kane
Howard E. Kane answered on Sep 29, 2021

It is difficult to predict the outcome of a motion to dismiss, however, you can and should certainly object to the petition for revocation by lodging objections to the petition as detailed in Probate Code section 8271.

1 Answer | Asked in Probate for California on
Q: To sign waiver of bond by heir or beneficiary for my late mom's estate which still has a loan balance, what does it do?

My mother died this year, and my sister is asking me to sign it. I would like to know how it affect me. Anything needs to be careful?

Howard E. Kane
Howard E. Kane answered on Sep 29, 2021

I'm sorry to hear about your mom's passing. The purpose of a probate bond in California probate is to protect the estate in case the value of the estate declines as a result of the personal representative's mismanagement or misconduct. If that is the case, then the bond will be... Read more »

1 Answer | Asked in Probate for California on
Q: Can an executor of estate refinance a home thats in probate to pull money out to pay off estate debts?

Does the executor have to file a petition to refinance home if they have full authority

Howard E. Kane
Howard E. Kane answered on Sep 28, 2021

No. The executor who has been granted full authority under the Independent Administration of Estates Act (IAEA) allows the personal representative to sell real property, exchange real property, grant an option to purchase real property, or borrow money with a loan secured by real property at his... Read more »

1 Answer | Asked in Probate for California on
Q: In probate court does the judge believe the two witnesses to a will signing or the document examiner ?

The document examiner is stating the signature does not match on the will . but their are two witnesses to the will who testify under oath in court that they witnessed the decedent sign the will

Howard E. Kane
Howard E. Kane answered on Sep 28, 2021

Not necessarily. The Court will want to judge the credibility of the witnesses and will want to hear from them. There are many reasons a signature may not match a previous handwriting sample such as when an aging person is laboring to sign a document.

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