My grandmother had a living trust that became irrevocable upon her death which was two years ago. The trust instrument says upon her death but after taxes are paid the balance of her trust assets are to be distributed outright. Her IRA and one of her bank accounts weren't in the trust so they... Read more »
Yes, that does sound right. That is why it is so important to make sure all assets are in the trust or have beneficiary designations in order to avoid a "double probate" (trust administration plus probate).
My grandma moved the property into a living trust in the mid 90's. She passed away in 2019 and the trust became irrevocable. The trust gives a life estate to my uncle. His daughter (my cousin) and I are executors of the trust. As the grandchildren we get the remainder of the property to do... Read more »
Depending on the language in the trust, you should qualify for the Grandparent\Grandchild exemption. You can take a copy of the trust to the County Assessor's office and explain the situation to them. If that doesn't work, contact a lawyer in your area for assistance. Best wishes!
There are no standard California Judicial Council forms to contest probate. Rather, an Objection should be filed with the court prior to the court hearing. Many litigants use Judicial Council form MC-030 to write out their objections.
California Probate Code Sections 250-259 PART 7. I believe provided that the Executor of the estate may bring a California Probate Code Sections 250-259 PART 7 case against the Beneficiaries pursuit to supporting documentation
Probate Code Sections 250-259 specifies that people who commit certain criminal acts against a decedent are deemed to have predeceased a decedent. In other words, they are not entitled to inheritance. These code sections need to be carefully read, but at the end of the day, you can count on a...Read more »
My brother has been taking money out of accounts and saying I have when I have no access to the accounts l have no debit cards or passwords to the accounts. I know he took money out the day she died or the next day he told me he did. Now the accounts are all empty. 1 was a account my mother set up... Read more »
I'm sorry to hear about your mom's passing. Oftentimes parents put a child on the bank accounts. If this is the case, you may not be able to recover the funds. This is especially true if your brother used the funds to wrap up your mom's affairs such as bills, funeral expenses,...Read more »
Probate Code Section 48 allows any person having a property right in or claim against a trust estate or the estate of a decedent who may be affected by the proceeding to take action. In addition, the meaning of “interested person” as it relates to particular persons may vary from time to time...Read more »
My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »
I agree with Nina. It's a simple matter to collect an asset with a small estate affidavit. You can find a sample of a small estate affidavit for the bank account on the Sacramento County Superior Court website (which is good for any county in the State of California) (good instructions too,...Read more »
Most workplace and private pension schemes provide death benefits and, in the event of death, the beneficiaries should contact the pension scheme administrator for more information. Pensions are considered to sit outside of the estate, which means that when the pension holder dies, their...Read more »
I'm trying to close escrow on a probate property in LA county, CA. After 2 yrs of court proceedings, the surviving siblings were awarded equal shares of the pending sale by the court. My loan was approved and funded and then title company comes back and say that they messed up and originally... Read more »
It is doubtful that any cause of action exists as title companies do not represent anyone. It is totally different when you hire an attorney, which is what anyone should do if transacting in real property. Sometimes Negligent Misrepresentation is possible, but very doubtful. Consult with a CA...Read more »
I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »
I'm sorry to hear about your mom's passing. I recommend that you have an attorney review the estate planning documents to help you understand the content. Due to COVID, it may be best to scan the documents so that they can be emailed to an attorney for review. It is also a good idea to...Read more »
Yes, the children of your uncle's deceased siblings stand to inherit. The surviving sibling will receive 1/3 of the estate. The children of the first sibling to die will inherit 1/3 of the estate in equal shares. The children of the second sibling to die will likewise inherit 1/3 of the...Read more »
A bond waiver is only necessary for those who stand to inherit. Under intestate succession, this should be limited to his children and possibly grandchildren if any of his children are deceased. Keep in mind that if the administrator lives out of state, the judge will most likely require a...Read more »
My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »
Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many...Read more »
her inheritance? The probate is going on now for years and it will go on for another year. Does the other members of the probate need to be notified of this request? The probate is in Los Angeles County. I am trying to save our inherited home from the same probate.
A petition for preliminary distribution under Probate Code Section 16200, 11602, and 11620 may be filed by any interested person - they must be able to show a direct pecuniary interest in the distribution.
Authorization to make a preliminary distribution is obtained by filing a noticed...Read more »
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