My ex-wife has been overseeing my daughters special needs trust. I have reason to believe that she is submitting fraudulent receipts to be reimbursed for items she has not purchased. How do I go about getting a copy of the expenses? I have asked my ex wife and my family law attorney has also and... Read more »
You have requested an "accounting" from the trustee of the trust, your ex-wife. Since you have received no response, you need to file a petition to the court asking to allow you to intervene in the trust on behalf of your daughter, the beneficiary, and then asking for an accounting. It...Read more »
If the personal representative was the executor of the estate, that person would be acting under court supervision and the court would ensure that you get everything you’re entitled to before authorizing the final distribution of that estate and discharging the executor from any remaining duties....Read more »
Then took him again 8/3/2017 and forced me into signing a voluntary temporary guardianship for my son to live with his paternal grandmother due to domestic problems and false allegations in a bitter divorce from his father. No drug test given, no criminal charges filed, and no proof to support... Read more »
It is unclear whether you are still in Juvenile Dependency Court or the Guardianship Court. In Dependency Court you are awarded your own attorney, as you probably know, and you would need to ask them what to do next which will depend on what has already happened in the past. You probably already...Read more »
From California. Mother passed away without a will, and home to be passed to me and my six siblings. I have been paying the mortgage and taxes to keep the house, but my brother refuses to pay anything towards the house. Attempted mediation, but he did not show. Once the house clears probate, do I... Read more »
You are not stuck paying your brother's share, at least not forever. If you can't get your sister to do anything inside the probate case, then after the probate case is concluded and the house is in all of your names, file a "partition" lawsuit against all of the other owners...Read more »
As a Trustee, your sister's powers and obligations are defined by the Trust document. If she is acting contrary to the express terms of the trust, you have many avenues to pursue, one being her removal, another being a court order for her to transfer property. None of these will be cheap or...Read more »
I'm Living in the family home my parents had no will it is paid off. Before my brother passed we started a probate never completed I am the only child living The house is still in my parents name because it's been difficult having no will. Does the house go to me and my parents... Read more »
Yes he could make you move out. Should probably try to work out a deal to buy him out. If you have a probate attorney helping with mom/dad's probate they should be able to help with brother's probate and a buy-out. If not, I encourage you to find a qualified and experienced probate...Read more »
Hello my brother just passed away we were the only 2 children. My parents passed away with no will before my brother passed away we had an attorney start a probate to divide my parents been property between us 2 but my brother passed before it was completed still in process. Now do I divide it with... Read more »
First look in your father's papers for a will or a trust or both. They should be all together in one place. They could be in a family safe or safety deposit box. Then you need to read them. The person in charge of the will is the "executor." The person in charge of the trust is...Read more »
You are supposed to file a will within 30 days of death but you are allowed to file later. If there might be a competing petition by someone else I like to file first. If there is no fighting then delaying is usually ok. I have filed cases 20 years after death.
am being stonewalled. At this point, I have not found a will or trust. The company will only notify beneficiaries via mail and will not even allow me to update my address to receive correspondence, saying they'll see if the mail is returned, which it will be. They are leaving me in an... Read more »
If you are your brother's sole next of kin, in California, you are most likely entitled to inherit his entire estate. But, did you have other brothers or sisters who predeceased this brother, leaving issue (ie children, grandchildren) ?.
As far as the pension is concerned, typically...Read more »
My brother left a will giving his home located in California to a friend. The will is dated 2003. In 2006 he purchased a home and made a will leaving the home to me (his sister) and my kids (his nieces and nephews). I received a Petition to administrator my brothers estate and would like to file an... Read more »
Yes, you can file an objection based the fact that the Will sought to be proven was in fact revoked by a subsequent Will. You should also file your own petition for probate based on the new Will, the terms of which you’ll need to prove by clear and convincing evidence in the absence of the...Read more »
I would like to refinance the loan so that I may remain in the home. I have Letters of Administration, and I just received the final distribution court date, but it isn't until October. Mom passed last December (not sure how long the reverse mortgage company will wait before they want the... Read more »
You can't transfer legal ownership of the property to yourself without a formal court order upon final distribution of the estate and that won't happen until October. The loan by its terms comes due within 1 year of the borrower's death. Keep your lender informed on the progress of...Read more »
Typical Attorney answer: MAYBE. But not likely. If they are all joint accounts with Mom. There is a provision in the probate code for non probate administration of small estates. You can look those sections up on the internet. There is a statement that you fill out and provide to the banks to...Read more »
Powers of attorney automatically expire at the death of the principal, so your mother cannot use that method to transfer title to the house to your sister according to your grandfather's will. Wills are administered according to a process called probate. Most of the time this requires a...Read more »
If someone has opened a probate you can get a copy of the will from the court. It is public record. If not, you can open probate yourself and that will smoke out the will. You should hire a probate attorney to help you.
Insurance Company recently discovered a small policy of Mother who passed in 2001. Father (husband) passed a few years after Mom. Five siblings survive. There's no will, no estate and we gave the insurance company the death certificates. What is needed to get this small amount to the siblings?
Most states have what are called "small estate affidavits" or "affidavits of heirship", which allow the heirs to swear under penalties of perjury to certain facts, such as: that your mom has died; that she left no will; that no probate proceeding has been started for her...Read more »
I am a beneficiary and under ca. Probate code 16061.7 I am required to get copy of the trust now that it is irrevocable, question is do I have a right to see the escrow/title documents prior to closing? What other documents am I entitled to get a copy of, If different than the above code what is... Read more »
Go to the county probate court’s Website, find the case information and the law firm’s contact information, and deliver the claim to them. The law firm must pay all valid liabilities before distributing the estate. Alternatively, contact the probate court and seek their help. I hope this helps....Read more »
My grandmother passed away two weeks ago. The family has been notified by A friend of hers who is stated to be the quoted trustee of her trust. She has stated that after 30days of the receipt of the death certificate she will mail a copy of the trust to all beneficiaries. She has also stated that... Read more »
A trustee has a duty of loyalty, fair mindedness and accountability to all beneficiaries of the trust with respect to trust-owned assets. A trustee does not have the right to withhold information from beneficiaries upon reasonable request. Google the search term trustee duties and see for...Read more »
What I am getting from your question, and I may be wrong, is that you and the father of your child were never married, that he was deported and then died. Your question is, I believe, can you still get child support? If the father is deceased, of course, you cannot get child support from him, or...Read more »
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