California Probate Questions & Answers

Q: I was charged $2500 for the legal fees related transferring my brother's car to me.

1 Answer | Asked in Probate for California on
Answered on Feb 15, 2019
Bill Sweeney's answer
You should address this question to the attorney who did the work. I am sure he or she would explain the basis for the attorney fees.

Q: Son bought a home, wife signed off, they were separated 31 years; he died. Can she claim his estate?

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Feb 12, 2019
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/

Q: 2018 son died contest family and beneficiary no will and no wife or kid both parents alive but can't afford to pay for

1 Answer | Asked in Probate for California on
Answered on Feb 8, 2019
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...

Q: CA wome dies intestate w/ no spouse/children/parents. She has 5 siblings; two living and three deceased.

1 Answer | Asked in Probate for California on
Answered on Feb 8, 2019
Richard Samuel Price's answer
Yes, from what you described, the survivng daughter of the deceased son of the deceased sibling is entitled to 1/2 of 1/5 of the estate, which is 1/10 or 10%.

Q: This is just a continuation from last question I was asking you regards to my brother's passing. So you're telling me

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Feb 7, 2019
Bill Sweeney's answer
If you object to her inheriting property she could be required to prove paternity. The attorney assisting you with the probate can advise you further.

Q: My brother just died & I'm his only family his never been married & no kids we thought . He has no will.ill continue Q

3 Answers | Asked in Estate Planning, Foreclosure and Probate for California on
Answered on Feb 7, 2019
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.

Q: Can an executor of a will disclaim an inheritance on behalf of the deceased?

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Feb 5, 2019
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.

Q: Can my mother's husband's adult kids take property that's in her name from her through POA?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for California on
Answered on Feb 3, 2019
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.

Q: How do I file a request to postpone a hearing because we do not have the accounting of the estate?

1 Answer | Asked in Probate for California on
Answered on Jan 31, 2019
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.

Q: Does California probate laws allow for custodial compensation. ie deceased was 100% dependent on spouses care

1 Answer | Asked in Probate for California on
Answered on Jan 31, 2019
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.

Q: How do I amend complaint- I was granted temporary conservo rship/ person over my mother and now want temporary estate

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Jan 25, 2019
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.

Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits

1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on
Answered on Jan 16, 2019
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.

Q: Wife is executor and sole beneficiary of her mother. Probate almost completed, deeds being transfered. Only thing NOT

2 Answers | Asked in Probate for California on
Answered on Jan 16, 2019
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.

Q: Are probate fees negotiable ?

1 Answer | Asked in Probate for California on
Answered on Jan 14, 2019
Gerald Barry Dorfman's answer
You are correct, everything is negotiable. The percentages set forth in the Probate Code are maximums for regular services.

Q: My wife recently passed away intestate . One separate property, home valued at 1.2 M Assume I will inherit ?

3 Answers | Asked in Probate for California on
Answered on Jan 14, 2019
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...

Q: im ready to dig up my money

2 Answers | Asked in Bankruptcy, Banking and Probate for California on
Answered on Jan 10, 2019
Aaron Michael Lloyd's answer
If you are interested in scheduling a bankruptcy consultation please contact one of us and we can get you in for a free consultation.

Q: Our mother died in a fire that destroyed her home. She had a reverse mortgage & no home insurance. What should we do?

1 Answer | Asked in Probate for California on
Answered on Jan 9, 2019
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.

Q: YouI want to know how to proceed with if there is an option regarding a living trust

1 Answer | Asked in Probate for California on
Answered on Jan 9, 2019
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.

Q: I'd like to ask a likely complicated, unusual question about a pending probate of my late sister's estate. I'm the adm.

2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Answered on Jan 8, 2019
John B. Palley's answer
Yes. I would say nephew gets half. Assuming you and your sister were only siblings.

Q: Can Trustee’s council stop representing trustee during dispute Threw beneficiaries attorney?

1 Answer | Asked in Probate for California on
Answered on Jan 8, 2019
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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