Lawyers, Answer Questions  & Get Points Log In
California Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for California on
Q: How do I get a list of expenses paid for a special needs trust?

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 »

Chris M. Bradford
Chris M. Bradford answered on Jul 5, 2020

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 »

2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Personal Representative Dishonesty

The personal representative of my father’s estate told me that “there is nothing for me to inherit”. I had no reason to believe otherwise until a year later I found out that I was entitled to half.

Is there anything I can do to regain my inheritance or would the burden have been on... Read more »

James Edward Berge
James Edward Berge answered on Jul 4, 2020

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 »

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Probate for California on
Q: CPS removed my son 12/9/2013, 2 days after his birth. I successfully closed my case and got him back 8/13/2015....

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 »

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

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 »

2 Answers | Asked in Probate and Landlord - Tenant for California on
Q: Do I have to allow a fellow heir to live in a house with a mortgage if they refuse to pay the mortgage, taxes or upkeep?

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 »

Nina Whitehurst
Nina Whitehurst answered on Jul 1, 2020

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 »

View More Answers

2 Answers | Asked in Estate Planning and Probate for California on
Q: My sister (executor of trust) is denying me a piece of property because she believes I can't afford to build on it.

My father has three sons and a daughter, as well as two grandsons.

He owns three Parcels of land up in Humboldt County.

He hoped one of us would want to do something with one of the properties so he stated in his will that if any of his kids or grandsons wanted a piece of property... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

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 »

View More Answers

1 Answer | Asked in Probate for California on
Q: Started probate for parents property before my brother passed away.

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 »

John B. Palley
John B. Palley answered on Jun 27, 2020

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 »

3 Answers | Asked in Estate Planning and Probate for California on
Q: Hello my brother just past away. It was just me and him as children of our parents

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 »

John B. Palley
John B. Palley answered on Jun 27, 2020

Brother's son gets brother's share. I am sorry for all your loss.

View More Answers

1 Answer | Asked in Estate Planning and Probate for California on
Q: My father passed this month and I need advice with family members and estate I’m confused
Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

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 »

2 Answers | Asked in Probate for California on
Q: How long does a family member have time to file for probate in the state of Ca
John B. Palley
John B. Palley answered on Jun 18, 2020

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.

View More Answers

1 Answer | Asked in Probate for California on
Q: My brother passed away and I am his next of kin. I am trying to find out if he named a beneficiary for his pension and

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 »

David Ostrove
David Ostrove answered on Jun 16, 2020

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 »

2 Answers | Asked in Probate for California on
Q: I would like to object to a Petition for Probate.

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 »

James Edward Berge
James Edward Berge answered on Jun 13, 2020

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 »

View More Answers

1 Answer | Asked in Real Estate Law and Probate for California on
Q: I inherited Mom's house that has a reverse mortgage on it.

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 »

James Edward Berge
James Edward Berge answered on Jun 11, 2020

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 »

1 Answer | Asked in Probate for California on
Q: My father passed , No home or property. But does have bank savings accounts. Are these a probate concern?

All accounts are joint with his spouse (my mom )

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

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 »

2 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for California on
Q: grandfather passed will states house goes to sister mother has POA and hasn’t transferred name over what can sister do ?

He passed about a year ago and the will is very clear our mom is complaining of legal issues but hasn’t specified what’s holding up the transfer over to my sister what can we do?

Nina Whitehurst
Nina Whitehurst answered on Jun 9, 2020

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 »

View More Answers

3 Answers | Asked in Estate Planning and Probate for California on
Q: My father passed away. No family member has shared the will to me. And they have filed paperwork. What can I do?

3 older sisters involved . I’m the youngest. And then there is the younger ,greedy widow.

Nina Whitehurst
Nina Whitehurst answered on Jun 7, 2020

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.

View More Answers

2 Answers | Asked in Probate for California on
Q: Regarding an insurance policy

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?

Ben F Meek III
Ben F Meek III answered on May 28, 2020

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 »

View More Answers

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Probate for California on
Q: My grandmother passed away in November, the house is being sold

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 »

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

I would consult a probate attorney immediately. Trying to learn the law and the forms, may cost you dearly. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax...
Read more »

1 Answer | Asked in Estate Planning, Family Law, Child Support and Probate for California on
Q: I need to collect child support via someone's inheritance, which is in probate. What forms would I use in California ?

Child support order is in place. Arrears is owed

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

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 »

1 Answer | Asked in Probate for California on
Q: Trustee making statements that she can move forth At her discretion and will block beneficiary’s number.

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 »

James Edward Berge
James Edward Berge answered on May 9, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for California on
Q: If he died was deported never married I have a child can I still get money
Mike Darlington
Mike Darlington answered on May 6, 2020

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.