Get free answers to your Probate legal questions from lawyers in your area.
My husband and I legally separated in California. The process had a stipulation in the property settlement that provided each with funds individually. He died in another state. Do my funds have to be part of probate or can I claim them through motion to claim surplus funds (funds were... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023
Under California law, if the stipulation in your property settlement explicitly granted you funds, these funds typically are considered separate from your late husband's estate. Therefore, they may not need to go through the probate process. It's important to review the specific terms of... View More
Worried that if we dispose of belongings the sister might come back and sue us. Complicated by fact that the next of kin is deaf mute.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023
In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. The next of kin, in this case, would typically be the primary heir. If the next of kin, who is the deceased's sister in your situation, refuses to take the belongings,... View More
A relative left a boat as part of his estate. We cannot enter a probate right now due to finances, and the boat has dock/maintenance fees that are quickly becoming a burden. Can we sell (or even just junk?) the boat without starting a probate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
In California, handling an estate asset like a boat without going through probate can be challenging, but there are some options you may consider. Generally, probate is required to legally transfer ownership of assets from the deceased's estate to the beneficiaries. However, under certain... View More
My mom received an inheritance from a living trust while married but that inheritance was used to purchase new furniture etc and down payment on their manufactured home no will was created although my grandmother had paid for one to be drawn but I believe my stepdad coerced my mom not to have one... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023
In California, when someone passes away without a will (intestate), the distribution of their assets, including the proceeds from the sale of a home, is governed by the state's intestate succession laws. In most cases, if your mother did not have a will, her surviving spouse, your stepfather,... View More
My mom received an inheritance from a living trust while married but that inheritance was used to purchase new furniture etc and down payment on their manufactured home no will was created although my grandmother had paid for one to be drawn but I believe my stepdad coerced my mom not to have one... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023
In the absence of a will, the distribution of your mother's estate will likely be governed by the intestate succession laws of California. In California, when a person dies without a will, the surviving spouse is typically entitled to a significant portion of the estate. The specific share... View More
answered on Dec 28, 2023
No. The deed must be signed by the person who currently has the right to the control the property. If the property is in the name of a trust, the currently serving Trustee is the only one who has the power to transfer the ownership. If the person who passed away did not have the property titled in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023
In California, you generally cannot directly go to the clerk's office and add your name to a deed for property you inherited via a trust or will without the involvement of the trustee or executor of the trust or the estate. When property is transferred through a trust or will, the legal... View More
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
answered on Dec 28, 2023
It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more... View More
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023
In an unlawful detainer case in California, whether to file an answer or a demurrer depends on the specific circumstances of your case. If you want to contest the eviction and assert defenses related to your mom's trust and fiduciary duties, it's generally advisable to file an answer... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust all the interest charges being accrued. Can I somehow dispute these charges and get back into the trust??
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023
Under California law, the executor of a trust is expected to manage the trust's assets responsibly and in the best interest of the beneficiaries. Ideally, the executor should use the trust's funds for expenses, rather than personal credit cards. If the executor is using personal credit... View More
My brother took my father's laptop I believe his will is on there my brother is refusing to let me even go on the laptop he has hidden it whqt can I legally do to be able to go on the laptop
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023
In California, handling disputes over a deceased person's possessions, especially when it involves a potential will, is a sensitive matter. It's crucial to approach this with an understanding of your legal rights and options.
First, try to resolve the issue amicably with your... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
answered on Dec 26, 2023
There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023
In California, when someone passes away without a will (intestate), the estate, including real property like a house, is distributed according to the state's intestacy laws. As your father's daughter and assuming there are no other surviving children or a spouse, you would typically be a... View More
It was my mother's house who died without a will. If I have to draft a deed, I'm wondering which type of deed to record.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023
In California, when you inherit a house through probate court, the process typically includes transferring the property title to the new owner. If you've inherited your mother's house and she died intestate (without a will), the probate court generally oversees this transfer as part of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
In California, if you were evicted from a property where you are the sole beneficiary of a living trust, it's important to review the terms of the trust carefully. The trust document should outline your rights and any conditions related to the property. If your sister evicted you contrary to... View More
What to do
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023
I'm sorry to hear about your loss. Under California law, when a property owner passes away without formally transferring the deed of their real estate, the property usually has to go through a process known as probate. Probate is a court-supervised procedure where the deceased's assets... View More
My landlord passed away a few years back. He has no dependents/family in the United States, he didn’t have a will or a trust. He owns multiple properties so I was wondering if I was able to start the probate process on his properties that are all paid off?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2023
In California, the probate process is typically initiated by someone with a legal interest in the deceased person's estate. This usually means family members or heirs. As a tenant, you generally wouldn't have the standing to initiate probate proceedings for your landlord's... View More
My son and I lived with my parents for the past 12 yrs. Dad was sick.. then mom. We were given the house in a trust and will. My uncle is now is evicting us and wants us to get out.. have it vacant ...to sell. We don't want that and neither did my mom. Court papers filed like he is our... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2023
In California, if you are named as a beneficiary of a home in a trust or will, your rights to the property are protected. However, the role of an executor, like your uncle, is to manage the estate's affairs, which may include selling assets to settle debts or distribute the inheritance... View More
My mother did not know her father he passed away before she was born. My grandmother moved to Stockton shortly after. Only the land she lived on was bought by my mother's grandfather there is a land patent. That particular piece of land is a irrigation district south San Joaquin irrigation.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023
Under California law, issues regarding inheritance of land and oil rights can be complex, particularly when it involves multiple generations and a lack of clear documentation or wills. In your case, where the property in question was owned by your mother's father and grandfather, several legal... View More
Could be from mother’s death. However there’s talk that my mother cheated on my dad, so I don’t know who my biological father was.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023
In California, to determine if someone has taken your rightful inheritance, you should first obtain copies of any wills, trusts, and life insurance policies that may have named you as a beneficiary. This can be done by requesting these documents from the estate executor or the insurance company.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
