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
My half sister is a POA of my mother and she had her daughter sign it as a witness and also she had someone else sign it as a witness that is a false name that she put on it as a witness. What can I do about this?
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answered on Feb 21, 2024
Yes, there are a few issues with the power of attorney (POA) document you described that could potentially make it invalid under California law:
1. Family member as witness - A blood relative or spouse of the agent named in the POA (your half-sister) is not eligible to be a witness in... View More
Two beneficiaries of a revocable trust stated in California removed funds held in trust by me to deny me reasonable compensation and unreimbursed expenses. One of the beneficiaries was my soon-to-be ex-husband. The trustor is my mother-in-law and I believe her to be financially incompetent and had... View More
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answered on Feb 21, 2024
In California, it is possible to address your situation through legal proceedings, but the strategy involves careful consideration of the complexities involved in trust and conservatorship law. When dealing with a conservatorship petition, specifically if you believe a party to be financially... View More
I need to make distributions from the estate that I am executor of. the court order named beneficiaries by their names so in their personal capacity. The beneficiaries want me to wire money to their trust accounts. one has a living trust and the other has a special needs trust for their adult... View More
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answered on Feb 21, 2024
Under California law, the distribution of estate assets must generally adhere to the terms outlined in the court order and any related legal documents. If the court order specifies distribution to the beneficiaries in their personal capacity, wiring the funds directly to their trusts may not align... View More
Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts
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answered on Feb 21, 2024
If the bank has denied your legitimate power of attorney (POA) over your friend's affairs and frozen his accounts, it's crucial to take prompt action to address the situation. First, review the specific terms of the POA document to ensure it complies with California law and contains all... View More
My father has passed away December 2023. My mothers name is not in any documents, for it to be next to kin. We live in California, and we were told to do a spousal transfer petition. Which we have moved forward with. it cost us $4500.00. We are being told its a 60%-70% chance of winning. This is... View More
answered on Feb 10, 2024
The answer to your question depends on what other assets your father had in his name only and whether your father had a trust, a will, or did no estate planning. A spousal property petition is certainly a good possibility. If you don’t want to use an attorney, you could try to draft the Petition... View More
My father has passed away December 2023. My mothers name is not in any documents, for it to be next to kin. We live in California, and we were told to do a spousal transfer petition. Which we have moved forward with. it cost us $4500.00. We are being told its a 60%-70% chance of winning. This is... View More
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answered on Feb 12, 2024
In addition to what has already been stated by a fellow attorney, also please know that if you do end up in Probate proceedings, the attorney's and executor's fees are based on statutory commissions as set by the Probate Code. Your attorney and the Executor will get paid at the end of the... View More
My father has passed away December 2023. My mothers name is not in any documents, for it to be next to kin. We live in California, and we were told to do a spousal transfer petition. Which we have moved forward with. it cost us $4500.00. We are being told its a 60%-70% chance of winning. This is... View More
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answered on Feb 21, 2024
I'm very sorry for your loss. You do have some lower-cost options to pursue transferring the home before needing to pay thousands for a probate attorney:
1. If your father had a will leaving the home to a particular beneficiary, you can do an Affidavit Procedure to transfer title for... View More
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answered on Feb 6, 2024
In California, to obtain acting rights on behalf of your deceased daughter, you would typically need to go through the probate court process to be appointed as the administrator or executor of her estate. This involves filing a petition for probate in the county where your daughter lived at the... View More
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answered on Feb 22, 2024
To obtain a court order in California that grants you the rights to act on behalf of your deceased daughter, you would typically start by initiating a probate case if her estate requires it, or by applying for a specific order related to her assets or affairs. This process is often necessary to... View More
the wills shocking..and not written by testator but someone else..expert determined this..why was it permitted to progress? Attorneys hava a moral duty to uphold the law right..why would they represent a pleading without merit? confusing wheres the catch in this? thanks
answered on Feb 5, 2024
For a holographic will to be valid in California (and in most other states where they are accepted), it must be written entirely in the testator's handwriting and be signed by testator. It can still be challenged if the testator was of unsound mind or under pressure from someone else.... View More
the wills shocking..and not written by testator but someone else..expert determined this..why was it permitted to progress? Attorneys hava a moral duty to uphold the law right..why would they represent a pleading without merit? confusing wheres the catch in this? thanks
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answered on Feb 5, 2024
In California, a holographic will is generally admissible to probate if it is in the handwriting of the testator, dated, and signed by the testator. These criteria help ensure the authenticity of the document as the true wishes of the deceased. However, the scenario you described involves a will... View More
My dad would take me shooting as a child (I have pictures). He always told me one day all his guns would be mine. We went to AA meetings together as adults, and he would still say "you're getting my guns". My stepmother told me he left me nothing, and I told her what he always... View More
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answered on Feb 5, 2024
Under California law, if your father promised you specific family heirlooms such as guns, and there is evidence, such as photographs or witnesses, supporting these promises, you may have a legal claim to enforce these promises. While verbal promises can be challenging to prove, your consistent... View More
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answered on Feb 4, 2024
Under California law, if a will has been filed by a non-family member, and you have concerns or believe that the will does not accurately reflect the decedent's intentions, you have the right to contest the will. To do this, you must have legal standing, meaning you would have been entitled to... View More
Their share of profits from selling it would of been or am I supposed to pay the loan balance and there shares of what profit would of been
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answered on Feb 3, 2024
Under California law, when you inherit a car with an outstanding loan and wish to buy it out of the estate, the handling of the loan and payment to your siblings typically depends on the estate's financial situation and the instructions in the will, if any. Generally, the estate is responsible... View More
I recently filed a petition in Riverside Superior Court against my recently deceased father's 3rd wife, whom decided that she would not follow the estate documents, I found out today that she went to Texas, stated there was no will and changed the deed on my father and her property in TX.... View More
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answered on Feb 3, 2024
Under California law, when filing an addendum or amended petition in a probate case, you are generally required to serve the documents to all interested parties. Serving documents in a legal case is a critical step to ensure that all parties are informed and have the opportunity to respond. While a... View More
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