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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
Can the objection be heard at initial hearing to probate will and thus avoid trial?
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answered on Feb 2, 2024
In cases involving a holographic will being offered for probate, which is not in the testator's handwriting, raising an objection based on this ground can indeed be addressed at the initial hearing. If an expert witness document examiner has provided proof that the will is not in the... View More
Under California law, we are able to do a simplified transfer of assets for my mom's bank accounts, without the need to go through probate court. We found out that there are fraud charges on her account after the date of her death. The bank is requesting any of these documents to start a... View More
answered on Feb 2, 2024
The answer to your question depends on the dollar value of all your mom’s assets. Look only at the assets, not the debts (such as a mortgage, credit card debt, taxes owed, etc.). If the dollar value of all your mom’s assets — meaning what price would she get if she sold everything on the open... View More
Under California law, we are able to do a simplified transfer of assets for my mom's bank accounts, without the need to go through probate court. We found out that there are fraud charges on her account after the date of her death. The bank is requesting any of these documents to start a... View More
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answered on Feb 2, 2024
In California, if you wish to handle fraud on your deceased mother's bank account without going through probate court, you can explore a few options. First, check if your mother had a payable-on-death (POD) or transfer-on-death (TOD) designation on her bank account. If so, you might be able to... View More
I'm trying to keep my dad's house in the family and I make enough money to make sure the $900/month mortgage payment is paid. How do I continue to keep it in my family?
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answered on Jan 31, 2024
To keep your father's house in the family after his passing, you'll need to consider a few important steps. First, determine whether your father had a will or any estate planning documents that specify his wishes for the property. If there's a will, it should outline who inherits the... View More
My brother past a little over a year, no spouse or children or surviving parents. There is small sum that his life ins policy has but it did not list any beneficiary. The company advised us (siblings) if we provide them with a Small Estate Affidavit that they would release the funds. Found a form... View More
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answered on Jan 31, 2024
Under California law, a Small Estate Affidavit can be valid without the need for court filing if certain conditions are met. To use this affidavit, the total value of your brother's estate, including the life insurance policy proceeds, must be below a specific threshold. If the estate's... View More
My sister and I are both executors and only beneficiaries of my mom’s personal residence real estate. Pursuant the will, we each have a 50% interest. We are almost to the end of probate in Ca (Solano County). Getting ready to file the Order for Final Distribution. My sister wants to buy me out... View More
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answered on Jan 31, 2024
In California, a sibling-to-sibling transfer of a principal residence can be exempt from property tax reassessment under certain conditions. Since you and your sister are both executors and beneficiaries, it's possible to structure the buyout in a way that preserves the property tax exclusion.... View More
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answered on Jan 30, 2024
To resign as a conservator in West Virginia while you are in California, you can file the necessary paperwork remotely. First, you should obtain the appropriate resignation forms from the county court in West Virginia where the conservatorship was established.
Fill out these forms with the... View More
My sister is trustee of the trust, I have not seen the trust but I know about it because my mother told me. My sister and I don’t talk, but she has not performed her duties in distributing the trust
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answered on Jan 29, 2024
Under California law, as a beneficiary of a trust, you have certain rights when it comes to the administration of the trust. If the trustee, in this case, your sister, is not fulfilling her responsibilities, there are steps you can take to address this issue.
First, you have the right to... View More
I just need to know how this request should be submitted. Do I submit it as a Petition to the court as part of the Accounting? This method would avoid any filing fees. If not, how do I proceed? Also, do I need to submit a proposed order, as well? Thanks in advance for any help
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answered on Jan 29, 2024
In California, if a probate judge has indicated a willingness to consider dismissing a sanction fee in a conservatorship case, you should proceed by submitting a formal request to the court. This can typically be done through a written petition or motion.
If you are already submitting an... View More
My mother passed last week with no will. She has only a couple bank accounts and probably a small storage unit with personal items. There is a CD with me and my sister as the beneficiaries. So, the money in the accounts that does not list us is less than 50K, probably. There are no other... View More
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answered on Jan 29, 2024
In California, if your mother's estate is relatively small and consists mainly of personal property and bank accounts, you might be able to avoid formal probate. California law allows for a simplified process for transferring small estates valued at $166,250 or less.
Since the amount... View More
The amount resting with the State of Ca is about $12-15K. It is a combination of Family Trust, Life insurance and stock dividends. How do I make my sister - the executor-deal with this. I have tried and tried to get her to do something, offered to help etc but she kept saying she "would get to... View More
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answered on Jan 27, 2024
Under California law, if assets from a Family Trust have escheated to the state, you can reclaim them through the State Controller's Office. This process involves filing a claim form, which requires proof of your entitlement to these assets. The form and guidance can be found on the California... View More
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