John B. Palley's answer The ex may make a claim but that will be dealt with when it happens. The cost of probate is based on the value of the house. I have a probate fee calculator on my website which can give you an estimate of cost. https://californiaprobate.info/probate-fee-calculator/
Gerald Barry Dorfman's answer Sorry for your loss. If your son had no will or trust, no spouse and no children, then his estate should pass to his parents. You do not need a lot of money to start a probate with an attorney, although you may have to speak with a few because of the monkey business with the relatives. You will probably want to be appointed administrator, so you and your attorney can investigate what happened and recover any money or property which belongs to the estate. Although it is understandably...
Gerald Barry Dorfman's answer Sorry for your loss. If she really is his only child, she would inherit everything in his estate. If you or someone else are named as beneficiary on the accounts or 401K, those go to the named beneficiary.
Bill Sweeney's answer Unless the trust document provides otherwise, if a beneficiary survives the decedent but then dies later, the deceased beneficiary's share of the estate typically becomes part of the deceased beneficiary’s estate. Consequently, the deceased beneficiary's Will would provide for distribution. If there is no Will the father's estate would be distributed intestate.
Richard Samuel Price's answer A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
Richard Samuel Price's answer You can have the parties stipulate to a continuance and file that with the court. You might try to email the probate examiners to request a continuance of the hearing. However, I have never been successful in continuing a hearing in San Bernardino County Superior Court. I've always had to attend the hearing and ask for a continuance. If you are far away, you can appear by telephone with CourtCall or you can hire an attorney to represent you.
Richard Samuel Price's answer Normally, family members are not entitled to payment for the care of the decedent. However, if there was a written agreement for payment or the care custodian received IHSS payments, that it may be possible to receive payment for care.
Jeffrey Louis Gaffney's answer Do you mean how do you amend the Conservatorship? There is no easy way. You basically have to start the entire process over again from scratch. File the Petition and wait for your court date while the court conducts its investigation.
If you have a Power of Attorney from your mother then you don't need to do this at all -- you already would have the authority granted to you.
Richard Samuel Price's answer His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.
You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.
Ben F Meek III's answer Contact her lawyer for the probate matter and tell him or her the problem. They will help you. You may be able to be appointed, if you're qualified. The lawyer can tell you. Don't wait. It won't get easier. Best wishes.
John B. Palley's answer I am sorry for your loss. First it's important to remember that titling of a property (as community or separate) is just a presumption. So just because a property is titled as separate property doesn't mean it might not be all, or partially community property... and vice versa of course. Second, I would look at California probate code 6401. I would say, assuming there is no will, that you would receive 1/2 of the separate property. I would encourage you to get the probate started as it takes...
Richard Samuel Price's answer Is this the only asset of her estate? You can still bring a probate action, even if the estate is insolvent. Although you are not personally liable for your mother's debts, you can still bring an action to close out her estate. You would probably need to either short sell the house, negotiate a deed in lieu of foreclosure, or allow the lender to foreclose.
Sally Bergman's answer If the trust document was notarized, no witness signatures are required in California. Also, when you received a copy of the trust last year, you should have received a notice under Probate Code 16061.7 that should have warned you that if you wanted to contest the trust, that you had to do so within a certain number of days, the longest of which would be 120 days. That deadline has long passed.
Gerald Barry Dorfman's answer The trustee's attorney represents the trustee, and the terms of the attorney's employment are subject to their agreement. In other words, as far as the outside world is concerned, the attorney's employment can end at any time. Things are slightly different if the attorney is attorney of record in a current court case, but there is no indication of such a situation in your question. You would be best advised to immediately re-hire your original attorney, at least for a consultation, to...
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