Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.
answered on Mar 19, 2024
Speak with a probate/trust attorney. There are too many facts missing from your question for it to be answered accurately in this forum. For instance, how is title held to the house? Is it in a trust? It may be that the house has to go through probate; if so, it may be a while before it can be... View More
Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.
answered on Mar 19, 2024
I would say that is a pretty common arrangement. In lieu of “rent” you would pay the mortgage and utilities. Of course this is a general answer and each situation is unique. If the mortgage is significantly more than fair market value rent than perhaps some other arrangement would be more fair... View More
Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.
answered on Mar 20, 2024
Under California law, the responsibility to pay the mortgage after the homeowners have passed away typically falls on the estate of the deceased until the property is transferred or sold. If you are living in the house, it does not automatically obligate you to assume the mortgage payments, unless... View More
Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More
answered on Mar 16, 2024
In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More
What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More
answered on Mar 14, 2024
Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More
My father died intestate in California and I am the administrator. My brother is the only other heir. He left behind a lot of unpaid tax bills. He also left my brother and me healthy sums of money via POD accounts. Can I just use those out of pocket funds to pay off his back taxes to keep the... View More
answered on Mar 12, 2024
Under California law, there is no legal prohibition against you paying your deceased father's back taxes out of pocket, using the funds you received from the POD (Pay-on-Death) accounts. In fact, it may be a practical solution to settle the estate more efficiently and avoid selling the house,... View More
What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More
answered on Mar 12, 2024
In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More
I am going through a sample draft provided by a local county.
1) If accounting is waived, does CA still require a summary of account? I read on a forum that this might be the case but have not seen reference to this in court websites.
1) INTESTATE HEIRS/DEVISEES UNDER WILL
I... View More
answered on Mar 9, 2024
Hello! Let's address your questions one by one:
1. Summary of Account: In California, even if the accounting is waived, the court may still require a summary of the account. It's a good idea to include a brief summary of the estate's financial activities, including the total... View More
"Petitioner has invested and maintained all cash in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate"
I just looked back at the duties... View More
answered on Mar 9, 2024
In this situation, it's important to be transparent about the estate's financial management in the Petition for Final Distribution. While it's generally expected that estate funds be held in interest-bearing accounts, there are some exceptions. Here's how you could address this... View More
Does the issue of a predeceased beneficiary have to attend mediation to receive their deceased parent share of there grandmothers estate if the probate judge previously found the will to be ambiguous? And does this make the estate fall under intestate? And any Issues of a predeceased beneficiary... View More
answered on Mar 9, 2024
Under California law, if a probate judge finds a will to be ambiguous and the estate is considered intestate, the following rules apply:
1. Mediation: If there is a dispute among the heirs or beneficiaries regarding the distribution of the estate, the court may order mediation to resolve... View More
Attorney concealed the court finding the will to be ambiguous and coerced client to attend mediation never prepared client for mediation, Day of mediation the attorney attended mediation without client, when the client contacted the attorney's office the secretary stated he wasn't in... View More
answered on Mar 8, 2024
Based on the information provided, it appears that the attorney representing the contingent beneficiary in the will contest may have engaged in unethical and potentially negligent behavior. Under California law, attorneys have a fiduciary duty to their clients, which includes the obligation to act... View More
Regarding the estate:
-There were no known creditors besides a small debt of ~$2k from a credit card
-Credit Card bank had mailed a notice looking for the executor before probate even started so I'm hoping it was ok this was treated as "demand for payment". (Was this... View More
answered on Mar 8, 2024
Under California law, when drafting a Petition for Final Distribution for an estate, it's essential to address the handling of creditors with accuracy and transparency. The receipt of a notice from a credit card bank could be considered an informal demand for payment. However, formally, a... View More
answered on Mar 8, 2024
In California, if you're a beneficiary of a third-party special needs trust and are looking to modify or "decant" the trust's restrictions, the first step is to review the trust document closely. This document often outlines the procedures for amendments or modifications,... View More
Legal Deadline: Mar 18, 2024 | Description: That makes 1 year from the day my father passed and I don't know if there is a time limit on a will.
My father passed in March of 23. My brother who lived there and step mother have been getting rid of many items and have let other people... View More
answered on Mar 7, 2024
Under California law, when someone passes away, their will must be filed with the probate court in the county where they lived. If you believe your father left a will that names you as a beneficiary, but your brother and stepmother are not showing it to you, you have the right to take action. Since... View More
He lived in California and I live in Missouri. The hospital said that I won't be able to get them. He didn't own any property and wasn't married. I'm the oldest of his 4 children. My younger brother who was raised by my dad is incarcerated and him and I are the only ones who knew our dad.
answered on Mar 6, 2024
In California, the right to access a deceased person's medical records is governed by the California Health and Safety Code, Section 123100-123149.5. If your father did not leave a will or any instructions regarding the disclosure of his medical records, the law provides a hierarchy of... View More
What is the standard of proof when a beneficiary or petitioner claims the did not receive or the Trustee claims that petition to determine the validity of the trust was files after 120 days expired. What probate code or civil code governs what proof be shown i.e. receipt from post office etc.
answered on Mar 6, 2024
Under California law, the standard for providing proof of service for a 120-day trustee notice, as well as the evidence required when a beneficiary or petitioner claims they did not receive the notice or that the trustee claims the petition to determine the validity of the trust was filed after the... View More
answered on Mar 6, 2024
In California, an attorney can record a lis pendens (pending lawsuit) against a property without the owner's consent if there is a pending lawsuit that affects the title or right to possession of the real property. However, the attorney must meet certain legal requirements:
1. There... View More
I SUBMITTED SOMEWHAT OF A ROUGH DRAFT TO THE LA COUNTY BOS WAS DENIED AND NOT SURE TO RESUBMIT CLAIM OR CONSIDER FURTHER LEGAL REMEDYS
answered on Mar 5, 2024
When dealing with a claim for loss to a county board of supervisors, such as the Los Angeles County Board of Supervisors, you might want to consult with an attorney who has experience in government claims and administrative law. These attorneys are familiar with the processes and legal strategies... View More
At Granite construction if an employee of theirs dies unexpectedly, will they try to contact a named designated beneficiary they have on file and if the contact information for the beneficiary isn’t current, how do they go about locating them if they do do that?
answered on Mar 5, 2024
In the event of an employee's unexpected death, companies like Granite Construction generally have protocols to reach out to the designated beneficiary listed by the employee. This process is a part of the company's responsibility to ensure that any benefits or entitlements, such as life... View More
answered on Mar 4, 2024
In a situation where you discover that your brother's girlfriend cashed out a policy following his death, it's essential to take immediate action. Begin by gathering all relevant documents related to the policy, including any beneficiary designations and communications with the insurance... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.