I am trying to get guardianship of my little sister and would like to show evidence to support my request and I understand the is a process to b able to do so
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answered on Nov 27, 2023
In California, to request guardianship of a minor, you will need to file several forms with the court. The primary form is the Petition for Appointment of Guardian of the Person (Form GC-210), which is the main document where you state your case for guardianship. Along with this, you'll also... View More 
Myself my brother and step brother are the recipients of our parents estate, divided equally 1/3 each. Everything has been distributed except the house. My brother is Trustee, stepbrother is co trustee. Step brother is planning on useing a friend new to real-estate to sell the house. My brother... View More
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answered on Nov 27, 2023
In California, as a beneficiary of the estate, you do have rights regarding how the estate, including the house, is managed. If your stepbrother, as co-trustee, is making decisions that you believe are not in the best interest of the estate or are potentially self-serving, you can take action.... View More
The insurance sent checks to my fathers name but we can’t deposit them, as we don’t have “official” probate estate open with the court.
We sent a demand letter to the insurance co to reissue the checks in my name, and they wrote back that it is “their policy” to only issue... View More
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answered on Nov 26, 2023
Under California law, a Small Estate Affidavit can be used to collect certain assets of a deceased person without formal probate, but it's not universally accepted by all institutions. While it worked for the bank and vehicle title, insurance companies often have their own policies.... View More
Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption... View More
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answered on Nov 26, 2023
Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological... View More
My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More
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answered on Nov 24, 2023
In California, when inheriting property, it's crucial to understand your legal rights and options. Since the property was co-owned by your mother, and you are her heir, you have a rightful claim to her share. Before signing over any part of the property, it's highly advisable to consult... View More
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answered on Nov 23, 2023
Under California law, if the property is held in a living trust and you are the designated successor trustee, your role is to manage and distribute the trust's assets according to the trust document's terms. This is typically outside the scope of probate, meaning the court-supervised... View More
I was notified after 6 months of his passing. The court never notified me, and they appointed a receiver.
His property has 2 county code violations. I'm currently the administrator of his estate.
I'm capable of resolving the violations and having the home and property... View More
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answered on Nov 21, 2023
Under California law, to remove a court-appointed receiver from an estate, you, as the estate's administrator, must petition the court that appointed the receiver. This petition should demonstrate your ability to manage the estate's affairs, specifically addressing the resolution of the... View More
Domicile is in California. Dad is 91 and the trustee. Funds have been removed from irrevocable trust in which myself and two brothers were to be equally compensated. He appointed the proceeds of the real estate to himself and his own trust but never recorded anything. He never gave a copy of the... View More
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answered on Nov 17, 2023
Under California law, a trustee cannot arbitrarily remove a beneficiary from an irrevocable trust by invoking the "changed circumstances" doctrine to defund it. Such trusts are typically designed to be unalterable, and the trustee's role is to manage the trust assets according to the... View More
now we expect home insurance claim checks that can only be addressed to her name. I am confident that I can petition the court for Letters or Testamentary on my own. But I want to be sure that the court will only consider this property that needs their appointment, specifically the insurance... View More
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answered on Nov 15, 2023
In California, as a trustee of a living trust, dealing with assets like insurance claim checks made out to the deceased can be managed through the probate court.
When you petition for Letters of Administration (not Testamentary, as those apply to wills), the court's focus will... View More
Do I have a legal right to the home even if I have my brother admit she wanted me to have the home?
answered on Nov 13, 2023
No, unfortunately. All real estate transactions MUST be in writing and signed by the person giving up their ownership. That's the law. Hopefully, your mother had a Trust (not a Will) and the Trust says you will receive the property. Otherwise, it's likely the property will be divided... View More
Do I have a legal right to the home even if I have my brother admit she wanted me to have the home?
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answered on Nov 13, 2023
In California, the distribution of a deceased person's assets is generally governed by their will or, in its absence, by state intestacy laws. If your mother did not put her intention to leave you the house in writing, it becomes challenging to establish your sole legal right to the property.... View More
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answered on Nov 14, 2023
There are situations where it is not easy to determine what State a Decedent was domiciled in at death. In those cases good lawyers look at the best venue State to file Probate. This is especially true if there are large creditors of the potential Estate. Consult with an attorney in the... View More
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answered on Nov 13, 2023
Under California law, the primary factor in determining where probate should be filed is the residency of the deceased at the time of their death. If your spouse was a resident of another state at the time of death, probate proceedings are typically initiated in that state.
However, if... View More
He didn't contact his brothers regarding her house and everything is in his name, Do I have options Thank You
answered on Nov 8, 2023
If the title to the home is in your brother's name, either your mother willingly signed the deed over to him or something may have been done that may be legally questionable. If you truly believe that your mother would not have given the house to that one brother, then there are questions... View More
He didn't contact his brothers regarding her house and everything is in his name, Do I have options Thank You
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answered on Nov 8, 2023
If your mother passed away without a will, her estate would generally be subject to California's intestate succession laws, which dictate how her assets are distributed among her surviving children.
If your brother has taken control of the estate without proper authority or has failed... View More
Our house is taken in Norwalk California under health and safety code violations to a receivership where the receiver pulled out equity loans cuz house was paid off for over 50 years myself my mom lived in the property as successors and errors we opened a probate case to protect them from taking us... View More
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answered on Nov 6, 2023
In California, a court-appointed receiver has the authority to take various actions concerning property under their control, which can include taking out loans against the property to pay for repairs or to maintain the property.
However, this power must be granted by the court order that... View More
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answered on Nov 6, 2023
In California, a lien is typically attached to a property rather than a person. It serves as a legal claim or hold on the property as security for a debt or charge that must be paid off. When the property is sold, the lien must be satisfied from the proceeds before clear title can be transferred to... View More
In California, What form would I file along with my proof of deed, DPOA, and bill of sale from 3 years before death of owner (to prove my ownership of the property) in order to counter/oppose an Order determining Trust ownership of property and for order authorizing and directing the transfer of... View More
answered on Nov 5, 2023
If a lawyer tells you the names of all the documents you need to file with the court, it will not help you unless you know how to draft the documents and what elements must be included in each one. In your situation, you really need an attorney to advise you because you could potentially have... View More
In California, What form would I file along with my proof of deed, DPOA, and bill of sale from 3 years before death of owner (to prove my ownership of the property) in order to counter/oppose an Order determining Trust ownership of property and for order authorizing and directing the transfer of... View More
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answered on Nov 5, 2023
In California, if you need to counter an order determining trust ownership and seek an order authorizing the transfer of property to an individual instead of a trust, you would typically file a petition or objection in the probate or civil court handling the trust proceedings. This should be... View More
In 2019 my grandmother gave me her property. She signed a DPOA for me, she signed a DPOA with special instructions of a bill of sale, And she signed and a quitclaim deed. Each of these documents was notarized with a witness and delivered to myself back in 2019. They have been safely stored in my... View More
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answered on Nov 2, 2023
To secure your interest in the property, promptly file a petition with the probate court to determine the property's ownership, presenting all the notarized documents that prove the property was transferred to you prior to your grandmother's passing. This includes the durable power of... View More
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