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I am looking to add myself to a property deed in Fresno, California, alongside my mother. The deed also includes my late father, who passed away in 1997 without a will. We have not consulted any legal or real estate professionals about this, and my mother's other adult children are not... View More 
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answered on Mar 25, 2025
The easiest way is to have your mother add you on to the deed. For something like this, I would go to a service like Legal Zoom or a paralegal service that can draft documents cheaply for you.
On the other hand, if you mother decides that more complicated estate planning is necessary due... View More
My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More
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answered on Mar 25, 2025
This is a tough one, but you have a couple of options. You can file a Petition for Probate and allege that your father died intestate (with no will), since you haven't seen the original will. If there is no original will, then the Court will presume that the will has been lost.... View More
My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More
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answered on Mar 25, 2025
You indicated that probate has not been opened yet. You should immediately retain an attorney and open probate and seek to have yourself appointed as the administrator of the estate (alleging no will). This will enable you to gain immediate control over the estate. Once you obtain the... View More
I am administering my dad's estate in California and have IAEA authorization. I need to sell a single-family residence and a vehicle to pay off estate debts, which include a reverse mortgage requirement. The sale proceeds will cover the debts in full, and there are no other beneficiaries... View More
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answered on Mar 25, 2025
The clear answer is yes. However, you need to make sure that you document both the basis for the sale price and your choice of buyer when you sell the property, ultimately you owe a fiduciary duty to the estate and to maximize the value of any property in the estate.
Anytime you are... View More
My mother passed away in November 2023, and her will specified that her house would be split 50/50 between my sister and me. As she did not have a living trust, we went through the probate process and sold the house in September 2024. The probate process is not officially closed because the final... View More
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answered on Mar 16, 2025
If the estate sold the house then the sale is reported on the 2024 estate tax return.
If you and your sister sold the house then the sale is reported on your 2024 income tax return and her 2024 income tax return.
I am the ex-spouse and previous power of attorney for a deceased individual. I need a posthumous qualified domestic relations order (QDRO) and am wondering why a request for order is necessary. Is there a specific format for a posthumous QDRO?
answered on Mar 12, 2025
As I said in my response to your similar inquiry -- both parties sign the QDRO. It is a stipulated order. To get a deceased person to sign the QDRO, a successor in interest needs to be designated and then sign on behalf of the estate. You do not necessarily need a Request for Order. Instead,... View More
I am the executor of my late father's estate in California and have recently received probate Letters with IAEA authorization. The beneficiaries have been verbally notified and have concurred with the sale of the estate assets including a vehicle and a house, although there is no will. The... View More
answered on Mar 12, 2025
Congratulations on being appointed administrator. With full IAEA authority, you can liquidate assets. You will need to send out a Notice of Proposed Action to all heirs when you accept an offer for the sale of the house. You will also need to set up an estate bank account, obtain an EIN number... View More
If I take out a personal loan and gift the money to someone else, can it be collected from the recipient if I pass away?
answered on Mar 10, 2025
When someone passes away and leaves assets, those assets are called the deceased person’s “estate.” The executor or trustee of the deceased person’s estate will be responsible for repaying all of the deceased person’s debts whether or not the deceased person had a trust or will. (The... View More
I jointly owned a home in California with someone who has passed away. I was notified six weeks after their death. Although I did not live in the home, I discovered someone moved in and caused damage to the property. The insurance adjuster confirmed that repairs are covered, and a check will be... View More
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answered on Feb 21, 2025
A probate attorney can first review the deed to determine whether you are now the sole owner of the home or a co-owner with the decedent’s estate. If you are a co-owner then a probate can be opened to get that share transferred to the decedent’s heirs. If no heirs come forward to run the... View More
My brother passed away in California and did not leave a will. He had a storage unit, and when I contacted the facility, they asked for documentation granting me rights to access it. There is no probate process initiated, and he was the sole user of the storage unit. How can I legally gain access... View More
answered on Feb 19, 2025
If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to... View More
My brother passed away in California and did not leave a will. He had a storage unit, and when I contacted the facility, they asked for documentation granting me rights to access it. There is no probate process initiated, and he was the sole user of the storage unit. How can I legally gain access... View More
answered on Feb 19, 2025
If you have the legal right to inherit personal property, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to you. You give this Affidavit to the... View More
My mom is trying to obtain assets that her late husband intended to leave for her. He passed away in California without a will, and the assets include money he made throughout his career and a vehicle, not any property. He has two daughters, ages 34 and 37, with my mom. She has already filled out a... View More
answered on Feb 19, 2025
If you have the legal right to inherit personal property, like money in a bank account or stocks, and the estate is worth $184,500 or less, you may not have to go to court to have the property transferred to you. You may be able to use a Small Estate Affidavit to have the property transferred to... View More
My father recently passed away without leaving a will, and my mother is concerned about how to obtain the assets he intended for her. They have two adult children, aged 37 and 33. There has been no probate or court involvement yet. How can my mom proceed to claim the assets intended for her without... View More
answered on Feb 19, 2025
It is difficult for a lawyer to answer your question without knowing a lot more information, including: what assets he had at death; and the assets’ collective dollar value. Real estate is transferred in a different way than a car, for example. To determine if the deceased person’s estate must... View More
His roommate refuses to give me his things. I sent an affidavit for collection of personal property along with his death certificate to property manager but they said it was between the roommate and myself. I need to know what paperwork i need to file to proceed in getting my husbands things.
answered on Feb 12, 2025
I'm sorry to hear about your husband passing. The affidavit is the proper document to use unless your husband had a larger estate and then a probate petition should be filed with the court. You may want to have a friendly police officer assist you with speaking with the roommate and... View More
I have over 12500.00 in unpaid wages I have been waiting over 3yrs.in the labor board and just found out she passed this passed year.
answered on Feb 11, 2025
I'm sorry to hear that your creditor claim was denied. A claim must be filed before the LATER of (a) four months after the date letters of administration were issued to the personal representative, or (b) sixty days after the date the Notice of Administration was given to the creditor. Once... View More
it would be from 1996 or 97
answered on Feb 4, 2025
There is no way to know if you were entitled to an inheritance if your relative had a trust because trusts are not filed anywhere unless there is a claim brought, in which case there would be a Petition (think, "lawsuit") filed with the local Probate Court. Wills, however, are supposed to... View More
What are my rights? He did not have a will
answered on Feb 1, 2025
I am sorry for your loss.
Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.
If you are... View More
My mother died intestate with a large estate. My sister, who resided with her as a recluse and a dependent under her care for more than thirty years filed, pro per, for estate administration whereas my attorney filed for a private fiduciary. The court appointed her provisionally with the... View More
answered on Jan 30, 2025
If your sister gave proper notice of her amended DE-111, it is certainly possible to alter the information from the original petition. Presumably, you would have had notice of the hearing on that amended petition and an opportunity to raise an objection.
If you believe that the... View More
No owned property, my father had a mobile home titled through CA DMV which transferred to myself on the Title after his passing. He had no vehicles, no assets. I have contacted all of his creditors there will be no probate, and no assets to collect from. One creditor filed form DE-172 and mailed... View More
answered on Jan 24, 2025
When someone passes away, all debts must be paid and final tax returns filed BEFORE anyone can inherit the deceased person’s assets. There are a few exceptions to this rule, such as assets titled in joint tenancy, but I wouldn’t know if any of the exceptions apply because there isn’t enough... View More
My father and aunt were named as getting his house. My dad has been living in it. He just passed recently himself and we are trying to figure out if my grandpas will needs to be filled, should be filled, and ultimately what happens to the house.
answered on Jan 22, 2025
What happens to the house depends on a few factors. First, the way in which the deed was drafted may have an effect on the ownership of the house. If any other individuals were listed as joint tenants with right of survivorship or as tenants in common, then the property may pass wholly or partly to... View More
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