Get free answers to your Probate legal questions from lawyers in your area.
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 
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
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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
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
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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
I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More
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answered on Jul 22, 2024
I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
answered on Jul 21, 2024
There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.
A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a... View More
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
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answered on Jul 20, 2024
In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.
If the notary is also a real... View More
ca. probate administrator froze ERISA account that was distributed to spouse with no court order and no notification, the administrator already contacted the ERISA qualified account administrator vying for beneficiary status and Fidelity investments denied her and gave me the account saying i was... View More
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answered on Jun 29, 2024
This is a complex legal situation involving ERISA (Employee Retirement Income Security Act) accounts, probate law, and potential conflicts between beneficiary designations and intestate succession. Let me break down the key points and provide some guidance:
1. ERISA Account Beneficiary... View More
I am the administrator of my father’s estate in California. I need to liquidate some assets in order to ensure the estate is solvent. An example of an asset I have are some rare vinyl LPs. Can my notice announce my intention to sell, and my intended asking price even if I don’t have a buyer... View More
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answered on Jun 29, 2024
Based on the information provided, here's a concise response to your question:
In California, as an administrator with Full Authority, you can generally send a Notice of Proposed Action (NOPA) for the sale of tangible personal property before finding a buyer.
Key points:... View More
Mother had an estate trust
Mother also had a life insurance policy that was hid from me
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answered on Jun 29, 2024
This is a complex situation with several legal issues to consider. Here's a concise overview:
1. Power of Attorney (POA):
- A POA typically terminates upon death, so your brother shouldn't have been able to use it after your mother's passing.
- If he used the... View More
My uncle had a living Trust. I am the trustee. I gave the bank the Certification of Trust, and I opened a Trust account at Chase bank to pay the bills. Now that he has passed, the bank wants me to get probate court to list me as the administrator of the estate.
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answered on Jun 27, 2024
To address your question, I'll break down the key points and provide some guidance:
1. Requesting to be named administrator:
To be named as the administrator of your uncle's estate, you typically need to file a petition with the probate court in the county where your uncle... View More
So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More
answered on Jun 29, 2024
Thank you for your question!
It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future. Your title is unmarketable now, and you will have a problem selling the... View More
So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More
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answered on Jun 27, 2024
I understand you're dealing with a complex situation involving potentially fraudulent property deeds and probate issues. This is a serious matter that requires professional legal assistance. Here's a summary of the key points and some general advice:
Key points:
1. You... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
answered on Jun 29, 2024
Thank you for your question!
It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.
The terms of the trust control who is in charge of the assets. If... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
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answered on Jun 27, 2024
I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More
Executor is not family member. Will left estate to executor but did not leave any directions for cremated remains of my sister. Executor is refusing to release remains to me, only surviving next of kin, saying the deceased entrusted her with the remains. Burial date has been set, expenses paid,... View More
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answered on Jun 26, 2024
This is a complex and sensitive situation. Based on the information provided, here's an overview of the legal considerations in California:
1. California law generally gives priority to the deceased person's written instructions regarding disposition of remains. However, in this... View More
I filed a new GRANT Deed AT THE Registrar's office, then emailed the ASSESSOR about the forms that HE NEEDS. THE office sent me a list of 3 forms--Change in OWNERSHIP, PARENT-CHLD exclusion, & HOMEOWNER's exemption, but no list of cost; he also said to sign, scan and email, not go in... View More
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answered on Jun 26, 2024
This question covers several aspects of property ownership changes and related fees in Los Angeles County, California. I'll address each part of the question:
1. Assessor's fees for change of ownership forms:
Typically, the Los Angeles County Assessor's Office does... View More
My name show with case #and date of filing only it state name decedents estate general
Than the following months also the following year and a second petition same case number only this petition shows estate of with his grandmother name now how is that possible the this bonafide in my... View More
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answered on Jun 26, 2024
I understand you're asking about a complex probate situation in California. Let me try to break down the key points and provide some general information:
1. Multiple petitions under the same case number:
It's possible to have multiple petitions filed under the same probate... View More
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answered on Jun 25, 2024
I understand you're dealing with a difficult situation regarding your late father's estate. Based on the information provided, here's a general overview of how California law might apply:
1. In California, if someone dies without a will (intestate), the distribution of their... View More
So this is my situation . My boyfriend died on April 14 2024 . HIs daughters wanted me out of his house {which i have lived for two years }2 days after he died . I have no money or place to go . Before he died he told me i would be taken care of and that i was mentioned in the Will . His daughters... View More
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answered on Jun 20, 2024
I'm sorry to hear about your loss and the difficult situation you're facing. Based on the information you've provided, here are some potential options and steps you might consider:
1. Request to see the will: You have a legal right to see the will if you're mentioned in... View More
My mother lives in her home, I also live there, and she has a monthly mortgage payment. She has a will and has left the house to me. When she dies will I still be able to live there.
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answered on Jun 20, 2024
To answer this question, we need to consider a few key points about California law regarding inherited property with an existing mortgage:
1. Inheritance of the property: If your mother has left the house to you in her will, you will inherit the property upon her death, assuming the will is... View More
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