My dad did leave my brothers son money. But the house was instructed specifically to me and my brother to split but my dad died just one week after my brother and didn’t have time to amend the will. He said the house is all mine? Does my nephew have claim to the house?
The existence or absence of a will is usually irrelevant when it comes fo life insurance. Life insurance usually is paid out pursuant to a beneficiary designation unless the designated beneficiary is the estate, which is rare.
Mom has a will leaving both myself and my sister equally 50/50 her house. But my sister and mom both died on the same day. Do i inherit the entire house or is my sisters husband or kids entitled to half of the house? My aunt was assigned the executor of the will. The grandkids were left specific... Read more »
If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.
That's tough to answer as there are many variables and ways it could go. A general rule in probate is that a person (spouse or otherwise) is liable for debts (even if they didn't know about it) to the extent they received assets from the decedent. So if the spouse received money/assets...Read more »
My two sisters and I have agreed I will buy their interest in the home. My sister who is the trustee demands I pay the entire existing mortgage or she will not sign the deed. The trust terms are the home is divided equally one third each. Can my sister alter the terms, threaten to not sign the deed... Read more »
There are private investors who provide liquidity to estates for exactly this situation. They provide funding to allay your Sister's apprehension, and should also provide guidance in preserving the historical property tax.
Jonathan Purcell is a California Attorney. This posting does...Read more »
I am trustee my husband is co trustee of his mothers trust and each share one half the sisters half will be a 3 party SNT FOR 21 years she was not on ssi age 37, she suffered from depression and her mom was worried and wanted to make sure she would qualify for assistance. I am the executor /... Read more »
A California special needs trust that has been validly created avoids probate. Pursuant to the provisions of the special needs trust, a trustee has a fiduciary responsibility for the management of trust assets. A breach of that responsibility can create liability for the trustee. If the special...Read more »
Maybe the letter qualifies as a handwritten will. You need to take it to a lawyer to find out. Maybe the letter could qualify as a trust. I don't know . You need to take it to a lawyer who prepares wills and trusts and does probate and trust work. Maybe the letter qualifies as a deed. You need...Read more »
Sister died and now my 2 brothers and I are involved in her probate. One brother wants to continue to live in her house and sell it down the road instead of selling it now and splitting the proceeds. I want to sell it now. Will the probate judge decide which? Can probate close and settle if we... Read more »
Normally cash is needed to close (end) probate. That is cash for attorney fees, executor fees, court costs. So probate can't close without selling the house unless someone puts in cash. I would come up with a distribution agreement and have everybody sign off. Good luck.
You are both beneficiaries so you both own the life insurance proceeds. Equally!
You should cooperate with each other with respect to the life insurance policy and its proceeds. Sometimes, in life insurance cases like yours, you need to file a petition in court to sort out any disputes....Read more »
Bullied by cps to sign temp guardianship to my ex mother in law over DV where I'm the victim. Permanent ruling without my knowledge and NO VISITATION. I was a damn good mother, but CPS refused to speak to me or even look at documented proof on my behalf. No drug test given and not abusive to... Read more »
My grandma's will says if her children are deceased the home goes to her grandchildren but my mom's husband is tying to take the house. My mom never put the house in her name... will me and my siblings inherit the home or does he have rights?
Assuming there is no trust then a probate of some variety is required (depends if value more or less than $166,250 in value) for grandmas estate. That would put the house into moms name. Then moms probate would be required and it depends on if she had a will. If mom had no will I would say the...Read more »
..A Father dies in Calif. and leaves a will . He names his current wife (who is also the stepmother of his two children) the executor. She claims that the will doesn't have to go thru probate because he didn't have anything. Is there anyway that she can legally withhold the will from... Read more »
California law requires anyone who holds the original Will of a deceased person to file the Will with the court clerk of the County where the decedent resided. A copy must also be mailed to the Executor named in the Will, or to a beneficiary if the Executor’s whereabouts are unknown. The relevant...Read more »
My mother died and I gave the will to my father who did not lodge it. He had me sign a contract that if I take action that he will stop my monthly stipend my mother set up before she died. After signing the contact I found that she had a trust but he nor the trust attorney will give me copies of.... Read more »
You probably need to clarify what you are hiring an attorney to do on your behalf. If you are claiming a right as a beneficiary in her trust then there were/are steps the Trustee of the trust had to take, including sending you some notices after your mom died as well as a copy of the trust. An...Read more »
Before passing, she showed me how to access the account and that she was glad it would help us. My husband didn’t know about the account value until I told him about it after she died. His grief pushed him over the edge, he got a girlfriend and left me after obtaining this account. Divorce has... Read more »
If she never put your name on the account and never left it to you in a Will or Trust, then it belongs to him and him alone. Any inheritance like that is Separate Property and not Community Property, so you do not have any rights to it.
She died out of state so mortuary in new mexico took ca mortuaries word (which was exhusbands friend and knew she was married) that she was not married they cremated her against her wishes held services and then contacted me
You are entitled to a copy of your Dad's will. You are an heir at law. You should request a copy in writing If refused and you want a copy, you may need to engage a lawyer who knows probate and trust law in CA.
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