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California Probate Questions & Answers
2 Answers | Asked in Probate for California on
Q: Are trust assets not supposed to be distributed until pour over will is probated?

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 »

Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2022

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).

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1 Answer | Asked in Estate Planning, Tax Law and Probate for California on
Q: Can a property in a trust that became irrevocable upon my grandma's death be reassessed for property taxes in San Diego

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 »

Julie King
Julie King answered on Feb 15, 2022

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!

1 Answer | Asked in Probate for California on
Q: Which forms do I need to file with Ventura County, Ca Court for Contesting a Probate
Howard E. Kane
Howard E. Kane answered on Feb 11, 2022

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.

1 Answer | Asked in Probate for California on
Q: can the Executor of the estate bring a California Probate Code Sections 250-259 PART 7. EFFECT OF HOMICIDE OR ABUSE

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

Howard E. Kane
Howard E. Kane answered on Feb 11, 2022

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 »

1 Answer | Asked in Probate for California on
Q: My mom died no will my brother and I are her only children there is a life insurance policy and bank accounts my brother

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 »

Howard E. Kane
Howard E. Kane answered on Feb 11, 2022

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 »

1 Answer | Asked in Probate for California on
Q: Standing in California Probate Court?

Do I have standing in California Probate Court to dispute my property co-owner's trust and trustee?

My relationship is TIC 50% co-owner of residential rental property with my aunt/uncle's trust as TIC 50% co-owner.

I refer to California Probate Code section 48 definition... Read more »

Howard E. Kane
Howard E. Kane answered on Feb 11, 2022

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 »

1 Answer | Asked in Estate Planning and Probate for California on
Q: My husband passed. He had an S-Corp & had an SBA Loan. Am I liable for the loan?

I have no assets but my step-daughter received 100% of the life insurance. The business is still bringing in some receivables but will be shut down soon.

Howard E. Kane
Howard E. Kane answered on Feb 11, 2022

I'm sorry to hear about your husband's passing. The SBA may be able to collect from your husband's estate, however, if there is no estate, then the SBA should not be able to collect.

3 Answers | Asked in Probate for California on
Q: Do we have to go through probate for just a mobile home?

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 »

James Edward Berge
James Edward Berge answered on Jan 20, 2022

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 »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jan 18, 2022

I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.

The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your...
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2 Answers | Asked in Probate for California on
Q: My brother passed away without a will single never married no children both parents deceased leaving 2 siblings

He had a pension but never received it are my brother &I entitled to any of it if so how do I inquire about it

Howard E. Kane
Howard E. Kane answered on Jan 18, 2022

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 »

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2 Answers | Asked in Federal Crimes, Legal Malpractice and Probate for California on
Q: An Attorney falsified his billing to cover up trust documents in my favor. Where should I file a complaint?
Joel Gary Selik
Joel Gary Selik answered on Jan 15, 2022

In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: Any recourse for title co. incorrectly reported legal desc and forcing another delay in closing escrow? Loan was funded.

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 »

Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2022

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 »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: I am the trustee on my grandparents living trust. Who are their beneficiaries?

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 »

Howard E. Kane
Howard E. Kane answered on Jan 10, 2022

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 »

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1 Answer | Asked in Family Law and Probate for California on
Q: My uncle died in ca no will no spouse no children parents dead. He has 3 siblings but only 1 is alive. R niece an hier

child of deceased sibling

Howard E. Kane
Howard E. Kane answered on Jan 5, 2022

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 »

1 Answer | Asked in Probate for California on
Q: Do I need a probate bond waiver from my fathers sister?

My father died intestate. He has 4 children including myself. Do I need to request a bond waiver from everyone including his sisters and grandchildren? Or just his children?

Howard E. Kane
Howard E. Kane answered on Jan 4, 2022

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 »

1 Answer | Asked in Estate Planning, Contracts, Banking and Probate for California on
Q: Co-admin of intestate estate removed CA PROB §8500, is estate still liable for assignment of beneficial interest?

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 »

Julie King
Julie King answered on Dec 30, 2021

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 »

4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If a home is left to me would I still have to go through probate if the owner had put me on the deed? Thank you,
Sally Bergman
Sally Bergman answered on Dec 26, 2021

If you hold title with the owner as "joint tenants", no probate would be required. If title is held as tenants in common, half of the property would have to be probated.

However, adding an individual's name to real property is typically a very bad idea and has adverse...
Read more »

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1 Answer | Asked in Probate for California on
Q: Does the administrator of the estate have to ask the court's promission if my daughter would like to get an advance on

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.

Bill Sweeney
Bill Sweeney answered on Dec 24, 2021

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...
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Q: I am a claimant in a probate case. I never received my money.

case is out of los angeles, stanley mosk.

I live in San Diego

Dale S. Gribow
Dale S. Gribow answered on Dec 23, 2021

somehow your missive came up in criminal law section in Palm Springs

4 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Collections and Probate for California on
Q: I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k
Yelena Gurevich
Yelena Gurevich answered on Dec 23, 2021

Use a find a lawyer feature and look for cole room attorneys.

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