Get free answers to your Probate legal questions from lawyers in your area.
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
I have not found any judicial forms for this and there are no local forms in Riversidse County. Also what citataion can I use as the Autority?
Thanks!
answered on Jun 19, 2024
In legal proceedings involving conservatorships, the process for a former conservatee to consent to a final accounting and waive the accounting typically involves the following steps:
Preparation of Final Accounting: The conservator prepares the final accounting document, which details all... View More
I have not found any judicial forms for this and there are no local forms in Riversidse County. Also what citataion can I use as the Autority?
Thanks!
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answered on Jun 19, 2024
In California, there is no specific Judicial Council form for a former conservatee to consent to a final accounting and waive the accounting. However, the former conservatee can provide their consent and waiver in writing, such as through a signed declaration or affidavit.
The authority for... View More
I'm executor of my dad's will and his only child and beneficiary. He willed his house to me and we refurbished it and rented it out at the end of 2023. There is a small amount of income from that rental that accrues to the estate, therefore. Doing the 2023 1041 form and Schedule E for... View More
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answered on Jun 19, 2024
Based on the information provided, it seems that for estate tax purposes, you should use the date of your father's death as the acquisition date of the property and the stepped-up fair market value (FMV) as the new cost basis for depreciation.
Here's the rationale:
1. When... View More
answered on Jun 18, 2024
Unless the title to the home is in joint tenancy with your father and you as the joint tenants, there is no way to get the property without filing a Petition in Probate Court. The filing fees alone can be between $400-$500, depending on the county. This is why I tell everyone with real restate or... View More
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answered on Jun 19, 2024
I understand this is a difficult situation, and I'm sorry for your loss. Here are the key steps you'll likely need to take to get your father's house transferred to your name in California when there is no will:
1. File a Petition for Probate with the Superior Court in the... View More
Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More
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answered on Jun 17, 2024
I'm so sorry to hear about the alleged embezzlement and theft from your father's estate. That sounds like an extremely distressing and complicated legal situation.
Given the high dollar amounts and complex probate issues spanning multiple states, my strongest recommendation would... View More
Land Man Attorney needed. Regarding Probate Real Estate Embezzlement of over $80 ML and counting of my deceased father's Probate Oil Companies in Oklahoma. Real Estate in New York, and in Michigan has been stolen with written WILL. And Los Angeles Real Estate in California. My father Roy... View More
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answered on Jun 17, 2024
It sounds like you need to contact an OK attorney for a Will Contest in Oklahoma, if that is where the Probate proceedings are. Will Contests are very hard to win if the execution was correct, so you need witnesses and other proof. There may be other separate quiet title actions for the... View More
all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'
DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More
answered on Jun 16, 2024
When a property owner (or the Trustee of a Trust that holds title to real estate) passes away, documents need to be filed with both the County Assessor and the County Recorder of the county in which the real estate is located. Be mindful that some counties have local rules that must be followed so... View More
all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'
DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More
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answered on Jun 16, 2024
Here are a few key points regarding transferring a house from a deceased primary trustee to a successor trustee in California:
1. Consideration: You can cross out "for valuable consideration" and replace it with "for no consideration, as this transfer is pursuant to the terms... View More
The wheel stays if I can test it I get nothing I'm not contesting the will I'm just trying to make her give me what I believe the will says
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answered on Jun 14, 2024
I understand that you and your sister have different interpretations of your father's will, which is causing a disagreement. Dealing with a loved one's estate can be emotionally challenging, and it's not uncommon for family members to have conflicting views on how to interpret the... View More
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