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I urgently need legal guidance regarding my late mother's estate in California. My brother has excluded me from my rightful inheritance and is using the assets for personal gain. He denied me access to sentimental belongings like jewelry, family albums, a bedroom set, vehicles, and bank... View More 
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answered on Apr 22, 2025
You have several legal options under California law:
1. Request an Accounting
As a beneficiary, you can demand a formal accounting of the estate. If your brother refuses, the court can order it.
2. Remove the Trustee
You can petition the court to remove your brother... View More
I am trying to find out if I am included in my late uncle Mike Sampani's last will and testament. My family and I are California citizens, and I would like confirmation of what my involvement, if any, is in the will. I have not seen the will myself. How can I obtain this information?
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answered on Apr 16, 2025
To find out if you’re included in your late uncle’s will in California:
1. Contact the executor. If you don’t know who the executor is, ask family members. Executors are legally required to notify all named beneficiaries. If you’re included in the will, you should receive a formal... View More
I am coexecutor and sole beneficiary, along with my brother, of our mother's estate. We are unable to agree on the disposition of a specific jewelry item, which has been kept safe for over 13 years. My mother made a verbal request for this item to stay in the family, though it wasn't... View More
answered on Apr 14, 2025
If you want to settle a dispute outside of court, mediation is a great alternative. Free mediation services, both community and court-connected, are offered to some residents and businesses of certain counties (e.g., Los Angeles County). In mediation, a neutral third party helps you resolve your... View More
In California, my father recently passed away, and the house is held in a revocable trust established in 2015, with my dad and my stepmom as co-grantors. The property is held in joint tenancy, and the house goes to my stepmom according to the trust, eventually passing to my brother and me upon her... View More
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answered on Apr 12, 2025
In California, when property held in joint tenancy is transferred into a revocable trust, the joint tenancy is generally severed unless the transfer occurred during a limited window between November 13, 2003, and September 30, 2013, and specific conditions were met. Since the trust in question was... View More
I have an uncle in California who is actively dying and has no will or trust, no children, and we are his only living relatives. He has a bank account and CDs, but he has not expressed his wishes regarding his estate. There is no designated executor or power of attorney, nor do I have legal... View More
answered on Apr 11, 2025
If your uncle is unwilling or unable to sign a will, power of attorney, or medical directive, your options are limited. If he is unwilling to do so, you have no choice other than to abide by those wishes. If he is unable to, you can apply for guardianship/conservatorship over him to assist with... View More
I have an uncle in California who is actively dying and has no will or trust, no children, and we are his only living relatives. He has a bank account and CDs, but he has not expressed his wishes regarding his estate. There is no designated executor or power of attorney, nor do I have legal... View More
answered on Apr 11, 2025
I’m sorry to hear about your uncle’s health declining.
No one can get a power of attorney, or set up a will or trust for another person without their consent. For ethical reasons, he would need to be the person who tells the lawyer what he wants, if anything. Some people don’t want... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
Yes, you can use a document preparation service to help file the required paperwork and sell the home as trustee, as long as the situation is straightforward and there are no disputes. You are not legally required to hire an attorney, though one-time legal advice may still be helpful.
Your... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
An affidavit of death will not accomplish your goal. You need to record an updated certification of trust explaining that the former trustee has passed and you are now the trustee. It needs to be in recordable form of course and might also include the legal description and parcel number of the... View More
My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More
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answered on Apr 10, 2025
There is no easy answer to your predicament. The classic solution is to obtain a new loan to pay the taxes, but you will not be able to do that without title to the property. To obtain title you will need the help of a probate attorney. You might try calling your local legal aid society to see if... View More
My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More
answered on Apr 11, 2025
You need to file a petition for probate with the Riverside County Superior Court. Once you are appointed as administrator of your father's estate, you should be able to borrow money on behalf of the estate to pay the back taxes. You can also borrow as a beneficiary. Back taxes must be paid... View More
What form should the administrator provide to the four beneficiaries in order to waive the final accounting of an estate in San Bernardino County, California, given that all siblings are aware of the estate costs?
answered on Apr 8, 2025
There is no specific pre-printed form for a waiver of accounting in California. Likewise, the San Bernardino County Superior Court does not have a local form for waiver of accounting. However, San Joaquin County Superior Court does have a local form for Waiver of Accounting. You can download the... View More
My grandfather raised my granddaughter from birth, and she is now 18. He passed away without a will, leaving behind two adult daughters. He had expressed verbally that he wished to leave everything, including his house and car, to his granddaughter. Can she be included as a beneficiary in the... View More
answered on Apr 8, 2025
I have handled probate matters where an agreement is reached between the legal heirs to include a grandchild or close family member in the distribution in the absence of a Will. Absent an agreement, it is highly unlikely that the granddaughter will be included in the distribution if the... View More
My grandfather raised my granddaughter from birth, and she is now 18. He passed away without a will, leaving behind two adult daughters. He had expressed verbally that he wished to leave everything, including his house and car, to his granddaughter. Can she be included as a beneficiary in the... View More
answered on Apr 8, 2025
I’m sorry to say that, when people die without a will or trust, the law generally steps in and dictates who will inherit the assets. “Verbal wills” are not valid but, even if they were, it would be an uphill battle with everyone coming out of the woodworks saying their loved one “said... View More
I suspect my mother's will might be fraudulent. She had seven children and left the house to only two siblings. Everyone else was assigned 11% of the remaining assets, while I received only 4%. My mother would have never excluded me in this way. I believe this might be the work of one of my... View More
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answered on Apr 7, 2025
Step 1: Hire a probate litigator. Attorneys will work either on an hourly basis or on a contingency basis. Hourly retainers can range from $250 to $750 an hour. Contingency fee agreements mean that you are giving up a percentage of the net estate that you recover. Typically you would give up... View More
I suspect my mother's will might be fraudulent. She had seven children and left the house to only two siblings. Everyone else was assigned 11% of the remaining assets, while I received only 4%. My mother would have never excluded me in this way. I believe this might be the work of one of my... View More
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answered on Apr 7, 2025
You can contest a will in California probate court if you believe it’s fraudulent or the result of undue influence. As a child of the decedent, you have standing to challenge the will, but you must act quickly—typically within 120 days of the will being admitted to probate.
Valid... View More
My partner of 35 years passed away last year following a car accident in 2021. We had lived together for 12 years, and I provided financial support for him after the accident. I am recognized as his partner legally. The settlement from his accident is anticipated to be completed in June this year.... View More
answered on Apr 3, 2025
In California, unless you were legally married or in a registered domestic partnership, you do not automatically have inheritance rights to your late partner’s accident settlement under intestate succession laws. However, if the settlement includes wrongful death compensation and you were... View More
In California, my deceased parent left no will and had an outstanding mortgage on their home, which was their only major asset. There were also some outstanding debts, but no creditors have contacted me yet. I am the only surviving family member and no legal proceedings concerning the estate have... View More
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answered on Apr 3, 2025
If the unsecured creditors fail to open a probate and file claims within one year after date of death, those debts evaporate.
However, the mortgage debt continues as a lien against the real property. If the mortgage is not paid as agreed every month the lender may foreclose.
In California, my deceased parent left no will and had an outstanding mortgage on their home, which was their only major asset. There were also some outstanding debts, but no creditors have contacted me yet. I am the only surviving family member and no legal proceedings concerning the estate have... View More
answered on Apr 3, 2025
If more than one year passes after the date of death, the claims of unsecured creditors are generally barred. The mortgage is a secured debt and will continue to exist on the property and must be paid. In order to transfer the property to you as an heir, probate will be needed, unless the deed was... View More
My mother owned shares with two companies, and my brother and I are listed as beneficiaries. I started the process to transfer these shares to us within the companies after her passing. I am also the Successor Trustee of the Family Trust. Despite having filled out all required forms and both... View More
answered on Mar 31, 2025
Very few people like dealing with Medallions! Most banks and credit unions stopped issuing Medallions years ago or, if they still do, they will only issue them for people who bank at their financial institutions. Alternatively, if you have an established business relationship with a financial... View More
My brother and I have lived in our deceased parents' home in California since 2011. My mother passed in 2008, and my father in 2014. We made the mortgage payments until November 2024, and I have proof of these payments, even though the mortgage account is still under our parents' names.... View More
answered on Mar 31, 2025
If the deed to your sister in 2010 was a joint tenancy with right of survivorship deed, then she now owns the property and can sell it. If the deed was an outright transfer to your sister, she owns the property and can sell it. If the deed only transferred a partial interest to your sister as a... View More
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