California Probate Questions & Answers

Q: How do i reject the claims against probate case and can i reject the medical claim ?

2 Answers | Asked in Probate for California on
Answered on Apr 18, 2019
Richard Samuel Price's answer
You can ask for additional substantiation of the claim.

You can also reject the claim, but you need a reason for the rejection.

Rejecting the claim allows the creditor to sue on the claim.

Q: A petition to be conservator for my mother was filed in San Bernardino County. My mother has lived in LA Cty for ten yrs

1 Answer | Asked in Probate for California on
Answered on Apr 18, 2019
Richard Samuel Price's answer
You can file a motion to change the venue to LA County. You can add that to your competing petition for conservatorship.

Q: I want to ask probate judge to release some funds from blocked acct. but we dont have any bills to pay or people to pay.

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 18, 2019
Richard Samuel Price's answer
If this is a probate matter for a decedent's estate, then you can file a petition for a preliminary distribution of the estate, but if there are no bills to pay, then you should just file the final distribution.

If there is a blocked account, then you'll have to file the appropriate petition and order.

Call or email an attorney for a full consultation.

Q: Wat is IAEA powers & gettin bonded mean? I'm Admn.of estate and had previously asked how can i use money frm block acct?

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Probate for California on
Answered on Apr 13, 2019
John B. Palley's answer
Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.

IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...

Q: the administrator of my mom estate has turned down two offers to buy the house. foreclosed can make a claim probate bond

1 Answer | Asked in Probate for California on
Answered on Apr 13, 2019
Bill Sweeney's answer
In its present form, I am unable to understand your concern. Please restate your question and be more specific on the facts supporting your question.

Q: Do i need a reason or show probate judge why i need to withdraw funds frm block acct.,how long does this process take?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 12, 2019
Jeffrey Louis Gaffney's answer
When you file the petition form to get funds from the blocked account, you have to fill in exactly who will be getting the money and the purpose of the payment.

How long it will take depends on your court and how backed up they are. Expect a few weeks at most.

Q: Do i need to get a court date just to ask probate court to release partial funds from block acct ?

3 Answers | Asked in Estate Planning and Probate for California on
Answered on Apr 12, 2019
John B. Palley's answer
Honestly I would petition the court and ask to switch to IAEA powers, get bonded, and get rid of the blocked account. It will be easier to handle estate business including, eventually, selling the house. There is a judicial council form to make the switch to full IAEA powers. If you don't have one I would advise hiring attorney. Should make your life easier. -John

Q: I am the executor of my brother's estate and the only beneficiary. Is the waiver of accounting included with the

1 Answer | Asked in Probate for California on
Answered on Apr 11, 2019
John B. Palley's answer
Typically the waiver of accounting and waiver of executors fee are separate documents.

Q: Can you distribute property in an estate without resolving the debt when there's a will

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 9, 2019
Jeffrey Louis Gaffney's answer
Yes you can, but it would be a very bad idea anyway you look at it. The executor would be personally liable for any debts or taxes if he gave away too many assets.

Normally it requires the assent of all the parties involved, so any one person can block it.

A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the...

Q: Re:probate case when i file a Declaration can i also include what i want the court to do.Like exclude and release funds?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 8, 2019
Richard Samuel Price's answer
No, a petition and an order to withdraw funds from a blocked account are separate forms. Use Judicial Counsel Forms MC-357 and MC-358 to request withdrawal of funds from a blocked account.

Q: How do I get my hearing date for status report modified to include Petition for final distribution?

1 Answer | Asked in Probate for California on
Answered on Apr 8, 2019
Richard Samuel Price's answer
You would fill in the hearing date and then put in your filing that the judge said it was okay to set the same hearing date.

Q: I was executer of estate and my attorney discouraged me from submitting my creditors claim and assets not protected help

1 Answer | Asked in Legal Malpractice and Probate for California on
Answered on Apr 5, 2019
Kenneth Sisco's answer
Statutory fees are paid first, so, if statutory fees exceed the value of assets, filing a creditor's claim would make no difference. If property was wrongly excluded from the estate; that is a completely different problem.

Q: Does a request for production of documents and a requests for admission have to be filed with the court clerk.

1 Answer | Asked in Probate for California on
Answered on Apr 5, 2019
Richard Samuel Price's answer
No, discovery requests do not need to be filed with the court clerk to be legal. In fact, discovery is not filed with the court. They are normally served on the other party by mail.

Q: Re: probate in Los Angeles- there's a hearing date(17days)set by judge to show status can I file motion using same date?

1 Answer | Asked in Probate for California on
Answered on Apr 3, 2019
Richard Samuel Price's answer
You would have to get permission from the judge to use the same date for a motion or petition. You normally would file your motion or petition and then the court would set a new hearing date.

Q: ....can I write on top MotionNotice & Motion on one paper? And how many requests can i ask court to do per motion?

1 Answer | Asked in Elder Law and Probate for California on
Answered on Apr 3, 2019
Richard Samuel Price's answer
There is a judicial counsel for to petition the court to withdraw funds from a blocked account: Judicial Counsel Form MC-357. You must also file an order to withdraw funds from a blocked account: Judicial Counsel Form MC-358. When you file this petition and order, you can only ask the court to withdraw funds from a blocked account, not any other motions.

Q: Los Angeles probate case, I hired lawyer because I want to Object/ file 850.Lawyer never filed 850 but said he did....

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for California on
Answered on Apr 3, 2019
Richard Samuel Price's answer
I'm sorry that you are going through this. You should have a sit-down discussion with your attorney to understand what has happened. If you don't get satisfactory answers, you can switch attorneys.

Q: we need a pro bono attorney, we have a brother and sister that manipulated a will where he takes just about everything

1 Answer | Asked in Probate for California on
Answered on Apr 3, 2019
Richard Samuel Price's answer
A will must be validly created, with the testator of sound mind, and not under the undue influence of anyone else. Contact an attorney to review your situation and read the will.

Q: I had a claim against an estate for $2,000 rejected by the Administrator. How can I contest the rejection?

1 Answer | Asked in Probate for California on
Answered on Apr 3, 2019
Gerald Barry Dorfman's answer
You have to file suit. Make sure you do not miss any deadlines/statutes of limitation.

Q: My sister just filed our mothers probate paper work to become executor. Shouldn't me and my brother have been informed

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 2, 2019
Jeffrey Louis Gaffney's answer
The Probate process begins with someone filing a Petition with the Probate Court, along with the Will if there is one. A court date is assigned 15 to 30 days out. The petitioner is required to give notice of ths to all heirs, beneficiaries, creditors and persons of interest so that they can object to the proceedings.

If she did not ever give you notice, you can go complain to the judge. If the hearing still has not happened, you can appear and make your objections.

Q: Can i go through the transfer of property with probate court because the property may be homestead?

1 Answer | Asked in Probate for California on
Answered on Apr 2, 2019
John B. Palley's answer
A homestead has no bearing on the probate procedure needed to clear title. The main issue is if it’s worth more or less than $150k as under that is a simpler probate procedure but still in probate court. Definitely hire an attorney. Good luck.

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