My estranged father just passed away. My grandmother passed away about 4 years ago and she owned a home in California. The property profile lists my grandmother as the owner it actually states her full name and ends with Trust. My aunt my dads sister now lives in the home without reporting death of... Read more »
I believe you have to ask your aunt to produce your grandmother's living trust since the property belongs to her living trust. The request shall be in writing. Then you can determine what course of action you can take.
My father just passed away today. My oldest brother is planning to immediately cremate and then scatter his ashes. He is also the custodian of my father while he was in elderly care facilities. We all agreed on the cremation. However, my other younger brothers and I want to have the ashes stay in... Read more »
No, but you do need court approval to pay yourself anything out of the estate. Keep your receipts and submit your request for reimbursement at the time of your petition for final distribution and if there’s benefit to the estate, your request for reimbursement should be approved.
Whenever I look up my name on the public warrant search, nothing comes up. Do I have a warrant? And if I do will they put me in jail if I turn myself in? even though I have a newborn? My charge was resisting arrest
I've been the sole caretaker and tax payer of the property for about 10 year's (at my mother's request), before and after she died, and I'd like to claim ownership. Problem is, the deed is missing, and my mother was only named as a co-owner by my grandparents before they died.... Read more »
Deeds are recorded in the County Recorder's office. You can contact your local Realtor to do a property search for you based on the address and get a copy of the existing deed. Can you claim the property as your own? Not as against your greedy siblings who will fight you if they think there...Read more »
You will need formal Letters from the court which authorize you to act as Administrator for the estate of the decedent. Some banks even require letters which have been certified by the court. You will also need a new federal employer identification number for the estate If you don’t already...Read more »
You do not need to file to be PR before filing a small estate petition. However, you do need to get the house valued by a California Probate Referee for that county. Also, the mortgage does not play into the valuation. The $166,250 value is just based on the gross value of the property. So you can...Read more »
You need to hire a "Probate Attorney" in your local area and take him all the paperwork to evaluate what you should do next. Chris M. Bradford is an attorney on this site and has excellent credentials on this site. He is #1 on the Probate leaderboard, but he is located in Santa Monica....Read more »
I am a 50 year old woman living in California. I never married, have no kids and minimal assets (I own my car and have about $1000 in the bank). Both of my parents and my siblings all live in Pennsylvania. I'm starting the process of "getting my affairs in order" and think the first... Read more »
He should have a will that designates a beneficiary for whatever little he owns, and a person who he trusts to handle the distribution of his property and the disposition of his remains, at least. Does not sound like he should spend a lot of money on an estate plan if he owns nothing. You might...Read more »
My grandmother left her home to her five children in a living trust, and my mother and uncle are requesting to leave their shares to me. The property cannot be sold unless all five children agree to sell it, and currently my mother and uncle are living at the property with myself. They would like... Read more »
gaurdenship was granted of my kids to thier aunt, but I didn't understand at all what my options were at the time. Both people asking for the kids knew the judge. The judge acknowledged this and said I could change venues. At the time Both parties lived in orange county, and Santa Ana was only... Read more »
You can challenge a judge but it has to be at the beginning of the case and your case has already been decided. Once a guardianship has been set up, you can make a motion for it to be terminated, but you have to have a good reason to do so. If a guardianship was ordered in Orange county, you have...Read more »
There was a restraining order against the daughter 6 years ago but I’m not sure if it’s still in place, we didn’t renew it. She wants to take everything in our home and says everything is hers. My name is not on the house title.
I am sorry for your loss. It is unclear who passed away. It sounds like the father of your oldest daughter passed away. Is that correct? There are three main ways to collect assets from someone who passed away: First the person wrote will or trust and left you a gift. You have to read the...Read more »
This information that follows only applies to deeds in California. If the deed is in another state, you will need get information related to that state. Assuming the house is in California, first you need a copy of the deed. You can get a copy...Read more »
I'm mostly concerned with Medi-Cal billing me for costs against her estate even if it doesn't go to probate. She had no will and no beneficiary listed on the account. If they can how do I subtract the burial costs?
My uncle did not take money because he did not trust the government in China. When he died, his wife also would not take money for the same reason, they had 2 sons, one has died. We do not have any contact with them. My dad died in 1982. We are trying to resolve this issue.
If a beneficiary to a will or trust refused to take a gift given to him or her, it goes back into the "remainder" of the estate. Then the executor of the will or the trustee of the trust reads the will or trust and sees who gets the "remainder" of the estate. The will or trust...Read more »
Grandmother died in 1970's. There was no probate. Her siblings want to sell the house now to split cash for retirement, but she does not want to leave. Can they force my mom to move and sell? Who owns the house? Unknown if there is a will or who's name is on the title of the house.
It is not possible to answer your questions without more information. This will probably require some kind of probate procedure to get the title out of your grandmother's name and into the names of her heirs. Who those heirs are depends on facts that have not been stated. Your best bet is...Read more »
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