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answered on Mar 4, 2024
In a situation where you discover that your brother's girlfriend cashed out a policy following his death, it's essential to take immediate action. Begin by gathering all relevant documents related to the policy, including any beneficiary designations and communications with the insurance... View More 
I filed a petition for probate in Riverside Superior Court of California, this petition was a demand for my father's third wife to produce my father's estate documents, along with other issues. The Petition was served by a Process server on Jan 26, 2024, how many day does the defendant... View More
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answered on Mar 4, 2024
In California probate proceedings, the time frame for a respondent to reply to a petition can vary based on the specific type of petition filed and the local court's rules. Generally, for most matters related to probate, such as contesting a will or objecting to an executor's appointment,... View More
The will was found, apparently fallen behind her nightstand, along with a couple pieces of her mail when I was vacuuming areas that haven’t been cleaned in many years. Only upon seeing the envelope did I recall her making this will, as it has been 5 years since she wrote it. She has signed the... View More
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answered on Mar 3, 2024
In California, if you find a will after a probate case has already been initiated, it's important to act promptly to ensure the will is considered by the court. You should first secure the will and any other documents found with it. Since the will appears to be valid, with your girlfriend... View More
Its been a month, multiple copies and request have been sent. Only my disbursement is being withheld . Professionally and legally can he ignore me and withhold my court ordered proceeds?
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answered on Mar 1, 2024
Under California law, attorneys are expected to communicate with their clients and keep them informed about the status of their cases. If you have provided all necessary signatures for the release of disbursement and it has been court-ordered, the attorney should not withhold these proceeds without... View More
I am contesting the will in CA probate case and can not find the information on how to request a trial date. Please email me your answer
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answered on Feb 29, 2024
In California Probate Court, when you're contesting a will and need to request a trial date, the process involves several steps. First, ensure that your contest or objection to the will is properly filed with the court. This involves submitting a written document outlining your grounds for... View More
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More
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answered on Feb 28, 2024
Here are the steps you can take to try to remove an invalid transfer on death (TOD) deed in California:
1. File a petition in probate court to revoke the TOD deed. Even though the county says the deed is invalid, getting a court order for revocation would provide the best legal backing.... View More
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More
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answered on Feb 26, 2024
In California, a Transfer on Death (TOD) deed must be recorded within 60 days of the date it was signed to be valid. If you've filed a TOD deed after this period, and it's now causing issues with property transfer, there are steps you can take to address the situation. Since the probate... View More
3 mos. Ago Everyone but beneficiaries have yet to receive our inheritance. Shouldn't we have gotten already?
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answered on Feb 25, 2024
Under California law, the distribution of assets from a probate estate, including proceeds from the sale of property, usually takes place after all debts, taxes, and administrative expenses have been paid. The process can be lengthy, often several months to over a year, depending on the complexity... View More
Her children or her husband/ not the father of her children.
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answered on Feb 25, 2024
If a married woman in California passes away without a will or trust, and had designated property as her sole and separate property, then under California's intestate succession laws the order of inheritance would typically be:
1. Her surviving husband would have a right to inherit... View More
Her husband that she separated from but no documentation/or her children / daughter in law/grandchildren. With no will or trust.
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answered on Feb 25, 2024
If a married woman in California passes away without a will or trust, and had designated property as her sole and separate property, then under California's intestate succession laws the order of inheritance would typically be:
1. Her surviving husband would have a right to inherit... View More
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answered on Feb 24, 2024
Creating a petition for the voluntary resignation of a trustee under a revocable trust in California involves several legal considerations. The petition should clearly state the petitioner's name, the name of the trust, the reason for the resignation, and any proposed successor trustee, in... View More
My sister used my parents credit cards etc..
She has taken everything of theirs and is a hoarder who is trashing the house.
It is a small estate but she is taking everything, she lived there for over 20 years.
She does not work and lied to the court to put an RO on me.
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answered on Feb 23, 2024
Under California law, if your sister is charged with stealing from your parents' estate, she may indeed risk losing her rights to the estate. The court may consider her actions as a breach of fiduciary duty and may revoke her rights as a beneficiary. Additionally, if she is found guilty of... View More
She gave me her mobilehome right before she passed but before a will was made she passed I was one her poa before she passed along with my father who is her only living child left... I live at her mobilehome and have since a few months before her passing due to I came to take care of her.. I need... View More
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answered on Feb 22, 2024
In California, transferring ownership of a mobile home without a will, known as intestate succession, may not always require going through the full probate process, especially if the value of the estate is below a certain threshold. However, since there was no will and the mobile home was not... View More
Since 2017 trustee has overspent, sold property, never provided an initial account, violated my fiduciary rights, and has tried to take more than her %50 through exxagerated expenses.
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answered on Feb 22, 2024
In California, trustees are held to a high standard of fiduciary duty, which includes managing the trust's assets responsibly, acting in the best interests of the beneficiaries, and providing regular accountings of trust activities. If a trustee fails to fulfill these obligations,... View More
How is it distributed? I'm thinking 50% goes to the 1st cousin and 50% goes to the 11 others right?
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answered on Feb 22, 2024
No, that is not how the estate would be distributed in California if there is no will and the deceased has 4 first cousins and 11 first cousins once removed as heirs. Here is how it works:
California intestate succession laws specify the distribution when someone dies without a will goes as... View More
I'll be brief, today is day 29. Aunt died years ago, mom was designated beneficiary of eatate and 1/2 listed executors in will, can't find other. Mother since died, father received notice of abandoned funds (final disability benefits), 30 day notice. Assuming since the funds were... View More
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answered on Feb 22, 2024
A few key considerations:
- If your mother was named as the sole beneficiary on assets that passed outside of probate (like life insurance or retirement accounts), then typically the money would go to her estate upon her death. As her spouse, your father may be entitled to some or all of... View More
I am petitioning to replace my brother's currently (publicly appointed) limited conservator with myself as conservator. The current conservator is open to handing the responsibility over to me. I have hired a service to help me prepare documents to submit for a petition to become conservator.... View More
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answered on Feb 21, 2024
In California, it is possible to petition the court to replace a conservator without the current conservator first resigning. The process involves filing a petition with the court that oversees conservatorships, outlining the reasons why a change in conservatorship is in the best interest of the... View More
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answered on Feb 21, 2024
If a will has not gone through probate and a house that was part of the estate was sold a month ago, there are a few factors that determine when the beneficiaries would receive their share:
- Who sold the house? If it was sold by the executor without going through formal probate court, they... View More
Stare of California.
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answered on Feb 21, 2024
In California, the next of kin generally refers to the closest living relatives of a deceased person who are entitled to inherit their property if there is no will or other estate planning documents specifying beneficiaries. If your sister, who was the named beneficiary of your... View More
I think there is a higher offer and they are waiting for escrow to expire
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answered on Feb 21, 2024
If you suspect that the delay in closing the sales contract is due to a higher offer, it's essential to communicate your concerns with your real estate agent or broker. They can provide insights into the status of the transaction and any potential competing offers. Additionally, you may want... View More
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