I am only sibling, he was never married/no children. Our parents died. No will. Will I qualify for Small Estate in Ca? Will NJ honor determination? Or will I need administration? Get it here or there? Do I have to travel to NJ?
I would say you need to total all the accounts that don't have named beneficiaries on them and see if total is under $166,250. If so, then the small estate affidavits should work. Usually, but not always, they will work regardless of where the banks are. However, some banks will require...Read more »
The State of California does not have inheritance taxes. The federal estate tax applies when you inherit more than $11,580,000 in 2020. Should the property that you are inheriting be located in another state, you may have to pay that state's tax. You should ask an attorney in that state about...Read more »
I would say there are few guarantees in life. It depends on how you are on title (as a joint tenant, sole owner, tenant in common, beneficiary, etc...) and if anybody contests by suggesting undue influence, fraud, mistake, etc.... I am sorry I can't give you a more solid answer than that....Read more »
I'm the executor of my father's estate. He meant to divide his estate into six equal parts, for his five living children and the widow of his one pre-deceased child. He wrote the will without the help of a lawyer, and inadvertently left out his daughter-in-law by referring to her as his... Read more »
My father recently died with no will and no transfer on death deed on his home. Could the mortgage lender sell his mortgaged home before probate is finished ? If they can or do, will the estate receive the sale amount minus outstanding balance ?
Yes. If there’s a deed of trust recorded against property, no permission is required before a property can be sold by the trustee, assuming normal notification protocols are followed. If there’s a profit, the estate will get the profit.
I’ve been separated for 7 yrs but was still married to him. I’m not on the apartment lease Nor lived there. My late husband’s mother signed the lease so that he could get the apartment. She did not live at the apartment.
Who will be held liable for paying the apartment lease, the... Read more »
Since both signed the lease agreement, both are jointly and severally liable for all lease obligations, including payment of monthly rent. If mom cannot pay, a probate estate for the decedent can be opened by the creditor by a petition for probate in order to have a legal representative appointed...Read more »
The son inherited all assets in a trust. I am 72 and guardian of my great granddaughter since her mother and grandmother both died. I have told the son he can come and get the truck. He says that I must return it or he'll tell the police I stole it. I told him he could come and pick it up,... Read more »
No, you've not stolen the vehicle. You were permitted to use it while the vehicle owner was alive. Now that the vehicle owner has died, his heirs are entitled to ownership and possession of the vehicle. There's nothing that you're doing to prevent these heirs from picking up the...Read more »
Yes. A Heggstad petition is a request filed by the trustee of a trust with the probate court to confirm the validity of a trust, the name of the trustee, and the existence of trust assets. It’s often used to avoid a full probate of the estate which can cost thousands of dollars and take 12-18...Read more »
To get a deed changed you need an order from the Probate Court, unless the property was in a Trust.
The Probate Court will look at the Will and hold hearings to make sure there are no problems, and then give an order for authority to distribute the assets. If there was no Will then you do...Read more »
A competent elder was awarded court ordered alimony from their ex-spouse, but, this ex-spouse was refusing to pay them ...so, the elder took them back to court to have them charged with contempt...but before they were charged with contempt the ex-spouse wrongfully claimed that the reason why they... Read more »
Apparently the Court Appointed attorney was worth just what you paid him/her. Sorry to hear that you have to go through this as an elder. IMO you need to hire your own attorney to represent you re: the conservatorship and to investigate potential attorney malpractice by the other attorney....Read more »
The provision in my uncles will were impossible to do. It stated in the will that i was to return all the money that was given to me by my uncle before his death. My uncle cashed in all his cds and he put this money in a checking account in my name only. I paid all his bills ( property tax , phone... Read more »
You need to contact a probate attorney to represent you. It may be possible that the Will could be invalidated as a result of undue influence on the Testator, and that you might be a pretermitted heir. The Law does not require the impossible.
I am sorry that your are in this predicament. Unfortunately, your children’s other parent would be first in line to get custody. Your should consult with attorneys about adoption and estate planning. If partner would consider adopting the children then the biological father would be out of the...Read more »
It sounds like this person is on the road to being declared a "vexatious litigant." Have a glass of wine and relax, you cannot stop them from doing what they insist on doing, you can only defend yourself with a good probate/Civil Litigation attorney. Best of luck to you.
If the will was written during marriage then I believe you would be omitted from will. If will was written after divorce then it would be valid as to you. It's unclear if you are asking about being executor or beneficiary!? Also, is daughter a minor or an adult? Lastly, will anybody object...Read more »
My mother passed. Recently she added my brother as joint owner of her property as I confirmed with the county assessor. I am not sure if they contacted the mortgage lender to add him on the loan as he is unemployed and I doubt would qualify. If there is no will or trust does the entire property go... Read more »
If he was added as "joint tenants", he gets it all. If he was added as "tenants in common", you and your sister get 1/3 of her half (probate likely required). If he was listed as "transfer on death", he gets it all. This assumes you, your sister and your brother are the only heirs.
You should go to the best probate attorney you can in my opinion. The writer of the will may or may not be a great probate court attorney. Look for someone with extensive probate court experience and a focused probate practice not a general practitioner.
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