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California Probate Questions & Answers
2 Answers | Asked in Family Law and Probate for California on
Q: My eldest brother, DPOA of my father and successor trustee, bought home which was in Trust via a living estate-Legal?

He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 23, 2024

If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More

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3 Answers | Asked in Probate for California on
Q: If you file a Petition for probate court, how long does a respondent have to file an answer?
James Clifton
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James Clifton
answered on Nov 21, 2024

After filing the probate petition, you need to have all interested parties served with a copy of the petition or sign a waiver of service. After the petition has been served, the respondent has 30 days to file an objection or other response. If no objection is received, you may proceed with your... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My mother passed 7/4/24 what can I do when the executor of the trust refuses to give me a copy of the trust

my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More

Julie King
Julie King
answered on Nov 14, 2024

Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Lender added me on the deed as trustee along with my mother on my mother’s trust and on the loan as a co-borrower.

I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.

Julie King
Julie King
answered on Oct 30, 2024

No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Would it be best to let it go through probate as I'm the only child? Thanks for the advice.

Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More

Julie King
Julie King
answered on Oct 30, 2024

Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Was contacted by a private detective relating to about my late Dad /?Aunt estate/ to contact the attorney

I called a private detective he referred me to an attorney that needed to prove that I was my dad‘s daughter. I sent her proof and then she referred me to another attorney since a client already hired her in the matter she did not enclosed any kind of information so I contacted this attorney, and... View More

James Clifton
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James Clifton
answered on Oct 30, 2024

It sounds like you are a surviving heir to the estate of your aunt and may be entitled to notice of the probate proceed and potentially compensation. Due to the death of your father, this has become more complicated and involves you and your siblings, if you have any. You may be entitled to some... View More

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2 Answers | Asked in Real Estate Law and Probate for California on
Q: Can a grant deed that will be filed in California be notarized in Oregon?

Real property will be transferred via probate. Executor currently has work in Oregon so we would like to know if it can be done this way for convenience. Thank you!

Nina Whitehurst
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answered on Oct 25, 2024

Yes, a deed can be notarized anywhere is the US (notarizing outside the US is more complicated) and then recorded in California. But California will (wrongfully in my opinion) insist on the use of the California statutory notarial affidavit. The trick is finding an out of state notary who knows how... View More

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2 Answers | Asked in Probate for California on
Q: My aunt filed a joint tenant affidavit with out any one knowing now she trying to sell the home what can I do

The house was given to my mother from my grandfather and after she passed away instead of her husband or children inheritance her siblings said it was now all of there's and they filed a joint tenant affidavit but they don't live at the house I do. They haven't paid any taxes on the... View More

Howard E. Kane
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Howard E. Kane
answered on Oct 24, 2024

If the house was properly deeded to your mother, then the house remains in her estate. If your mother did not have a Trust or pay on death Deed, then title to the property must be cleared up through the probate process in Riverside if Riverside is where your mom resided at the time she passed. I... View More

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3 Answers | Asked in Estate Planning and Probate for California on
Q: if it involves an estate in California, do I need to find an state lawyer in California or can I use one in Nevada?

Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 20, 2024

If you have an interest in a California’s decedent’s estate, then you will want to retain a California attorney who practices in the field of orobate and trust administration and litigation to assist you in evaluating your rights and directing you how best to proceed.

If the California...
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3 Answers | Asked in Estate Planning and Probate for California on
Q: if it involves an estate in California, do I need to find an state lawyer in California or can I use one in Nevada?

Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Oct 20, 2024

For an estate in California, you need a California licensed attorney. You may be able to find an attorney in Nevada who is also licensed in California. You can try your local Bar Association to see if they have a lawyer referral service that can find you one. If not, you can try the website of the... View More

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for California on
Q: I would like to take adverse possession of an abandoned property. Where should I start as far as legal process goes?

The neighbors cut my locks and relocked the gate that I used to gain entry. I had documented the adverse possession sign that I posted before then and I documented the conditions of the property. The house has been abandoned over 20 years and the neighbors dont believe I have the right to be there.... View More

Howard E. Kane
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Howard E. Kane
answered on Oct 1, 2024

Since the previous owner is deceased, you will need to sue the estate of the decedent for adverse possession. Hence, the first step should be to petition the probate court to appoint an administrator of the decedent's estate. Once an administrator is appointed, you can then proceed with an... View More

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3 Answers | Asked in Estate Planning, Family Law, Business Law and Probate for California on
Q: Do i have a case? and enough proof?

My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More

Julie King
Julie King
answered on Sep 27, 2024

The answer is: It depends. When someone in California dies, an analysis must be done to determine the total value of ALL assets that person owned (with the exception of a few assets, but a business is NOT one of the exceptions.) If the dollar amount of the assets totals $154,500 or higher, then... View More

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3 Answers | Asked in Estate Planning, Family Law, Business Law and Probate for California on
Q: Do i have a case? and enough proof?

My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 27, 2024

Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More

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2 Answers | Asked in Probate for California on
Q: My attorney is not acting. What is wrong and should I let him go? Every contact is $1000+. I am going crazy...

I hired a law firm more than a half year ago to remove a long inacting executor / trustee. The firm assigned an attorney for me. Initially, everything was normal. However, on the day when we had tele-conference, I had a family emergency coming up. Because it was too late to cancel the appointment,... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 26, 2024

Most problems between clients and attorneys have to due with communication issues. You may be able to get back on track by taking the time to organize all your concerns, and then putting them in an email or letter. Be specific, including dates and your expectations. Request a written response, and... View More

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2 Answers | Asked in Probate for California on
Q: SINCE MY MOTHER PASSED IT'S BEEN TWO MONTHS AND NO WILL OR TRUST PRODUCED BY THE EXECUTOR.

MY SISTER SAID THE EXECUTOR JUST GAVE HER A CASHIER'S CHECK FROM MY MOTHER'S ESTATE. AND SHE TAKING THINGS AWAY FROM MY MOTHER'S HOUSE THAT WAS LEFT AND SUPPOSED TO BE SOLD AND PROCEEDS SPLIT. I WANT AN AUDIT OF MY MOTHER'S BANK ACCOUNT, BACK TO WHEN THE EXECUTOR JOINED HER... View More

James Clifton
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James Clifton
answered on Sep 18, 2024

As a beneficiary, you have the right to request an accounting of the estate. This includes all transactions made since your mother's passing, including any payments or withdrawals from her bank accounts. The executor is legally bound to provide this upon request, showing how estate assets have... View More

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2 Answers | Asked in Probate for California on
Q: Where should I file for probate?

My father was a resident of Washington but spent the last 11 years in a convalescent home in Virginia, during which time his home in Washington was sold. He also owns land in Alaska. Given these circumstances, where should I file for probate?

Anthony M. Avery
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answered on Sep 6, 2024

What is the reason to file probate? If not needed, and the heirs take the real property, then do not. When filed, creditors will make claims. WA sounds like a possible jurisdiction, but convenience to you as an administrator is important here. Consult with a probate lawyer of your choice and... View More

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2 Answers | Asked in Probate for California on
Q: I filed a petition for probate in ca. Do I copy and attach form DE-111 and mail out to each individual I listed.
Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Sep 1, 2024

Someone 18 years or older who is unrelated to you and is not a beneficiary or heir of the Decedent’s Estate ora registered process server needs to sign and mail a completed Notice of Petition to Administer Estate (DE-121) with the Petition for Probate (DE-111) on all interested parties listed in... View More

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1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for California on
Q: How do I correct a default UD judgment based on not being served in time & not falling into the guidelines of CVP 1161

A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More

James L. Arrasmith
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answered on Jul 26, 2024

To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More

1 Answer | Asked in Civil Rights, Probate, Small Claims and Landlord - Tenant for California on
Q: can a novice handle the specifics of getting the court to vacate based on improper service and not a tenant

I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More

James L. Arrasmith
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answered on Jul 26, 2024

Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More

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