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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 
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
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
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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
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
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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answered on Jun 20, 2024
In California, a Small Estate Affidavit and an Affidavit RE Real Property of Small Value serve distinct purposes when dealing with a deceased person's estate. A Small Estate Affidavit is used to claim personal property, such as bank accounts or vehicles, without going through formal probate,... View More
Her son was her sole recipient of her will and trust but could not receive 100% of her benefits in direct conflict to his mothers will and Trust due to the LA county rules that say instead the money in her retirement be divided equally amongst all of her decendents in direct conflict with her... View More
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answered on Jun 19, 2024
In this situation, the conflict arises between the beneficiary designation for the LACERA (Los Angeles County Employees Retirement Association) benefits and the provisions of the deceased's will and trust. Generally, beneficiary designations on retirement accounts and pension plans supersede... View More
I'm having an issue with my deceased mother's award check to be transferred to me under probate code 13100. Small Estate Transfer
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answered on Jun 19, 2024
I can provide some general information about California Probate Codes 13100 and 13101, but for a specific situation, it would be best to consult with a probate attorney. Here are a few key points:
1. California Probate Code 13100 allows certain assets to be transferred to the deceased... View More
My mother passed 5yrs ago. Everything was left to just me in her trust. I have since found out a property she owns 25% undivided interest of was not in her trust along with some mineral and oil rights. I might be able to submit an Affidavit re Real Property of small value, but how do I know if it... View More
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answered on Jun 19, 2024
Based on the information provided, it seems there are a few key considerations:
1. Probate requirement: In California, assets that were not properly transferred into a living trust before the person's death generally have to go through probate. This would apply to the 25% undivided... View More
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