My husband has 6 siblings all beneficiary’s of an estate in probate. My husband wants me to handle the probate and so do 3 other siblings because their sister the one in charge is mishandling things. Am I allowed to do that being that I am only a sister in law ?
It will be more air-tight if your husband or one of his siblings petitions for the removal of the existing administrator per Probate section 8500 and at the same time, nominates you as the successor per Probate Code section 8520. Here is a link to the code sections:...Read more »
Also one of the beneficiaries has passed away was paperwork suppose to be submitted to the court to show this? The current administrator is not trustworthy at all can she hide the money once property is sold by any chance?
I am an estate planning/probate attorney and also a licensed real estate broker. I recommend entering into a proper Purchase Agreement for Vacant Land and having a title/escrow company issue title insurance. The title company may require additional documentation before they issue the title...Read more »
As an out-of-state son (#1) and named beneficiary, is it possible to get a trust accounting and a copy of the current (I've seen an older one) trust from a completely uncooperative other son (#2) who is the executor and POA? He keeps moving my mother to different facilities (early alsheimers)... Read more »
Unfortunately, you may have an elder abuse situation on your hands. Elder abuse includes both physical abuse and taking advantage of someone with limited mental capacity by spending all their money. I'm sorry to say it sounds like you need to hire a lawyer because your brother won't...Read more »
My brother passed on Sunday. He left a holographic will and named an executor. He was also a lawyer so I don’t have any reason to question the validity. I am in contact with the executor and she’s going to file the will today or tomorrow. My mom is next of kin and has been estranged from my... Read more »
No one can legally access another person's bank account without specific authorization. If your brother had assets with a total dollar value of more than $184,500 (excluding retirement and a few other items), then your family will have to go through a court process called Probate BEFORE...Read more »
I placed my residence in Virginia into a QPRT two years ago splitting it between my two children. My son has since become disabled. I bought a house for me and my husband in California this month and am currently in the process of selling my house in Virginia under the QPRT. I want to buy another... Read more »
Qualified Personal Residence Trusts (QPRTs) are irrevocable trusts, which means they are not easily changeable or dissolvable. Whether or not your QPRT can be modified will depend on the language in your particular document. There is something called "decanting" that might be used to...Read more »
He was also a lawyer so I’m not to worried about the validity of his will. My mother is making it seem that because she is next of kin that everything goes through her. But he wanted her to have nothing. It says it in the will. An executor was named. He left everything to me and my brother. My... Read more »
Sorry for your loss. Your question is posted in the California law section, and this answer only applies in California. Whoever has the will must "lodge" it with the Superior Court in the county where your brother was a resident at the time of his death. Consult with a probate...Read more »
I very much doubt Louisiana would require you to reside there in order to sign the affidavit. Notarizations are always completed in the state where the signer is signing, which most often is their residence.
It's not common for signers of Small Estate Affidavits to be required to live in the state where the deceased person's property is located. But, that having been said, the answer to your question would be based on Louisiana law, which is very different than the laws of the other 49...Read more »
The Trustee of the Trust has dementia, so her son is the Executor and has Power of Attorney. To do a self-closing transaction for the purchase of the vacant land lot, should I prepare documents where she is a Grantor and he just signing documents for her as an Executor?
If the vacant lot is titled in the name of the trust, there is a very specific process that must be followed that complies with the terms of the trust with respect to incapacity of the trustee. If the vacant lot is in the name of the individual trustee who is now incapacitated, then the son will...Read more »
While a California trust does not need to be notarized, it does need to be signed. However, you seem to have evidence that in fact a trust document was signed (notary records) and the 2016 trust was funded with real estate. Depending upon a lot of other facts and factors, it is possible a court...Read more »
If the Settlor (person who set up the trust) has passed away and, through the trust, has given his/her/their children a home, the mortgage company is almost certainly going to insist the children (if 18 or older) enter into a new mortgage agreement with a co-signer -- simply because most young...Read more »
My parents did a quitclaim deed to my brother about 15 years ago to release ownership of the house, he has been paying taxes and everything since then. Later parents were in the medicaid and medical program. If they pass away, can the medicaid or medical (CA) program take back the house?... Read more »
Medicaid can’t take back a gift made by a Medicaid recipient unless it was made to hinder, defraud or delay Medicaid at that time, which clearly wasn’t the case. Medicaid can impose penalties for gifts made in the past, but the look back period is way fewer than 15 years, and Medicaid in...Read more »
I'm sorry to hear about your loss. If the property is in a Trust, then the Trust may discuss the issue of possession. However, if the property is mentioned in your father's Will, then your brother should file a Petition for Probate so that ownership can be transferred to you and your...Read more »
There is no set deadline by which to open probate, but filing sooner rather than later is always best because you need to gather a lot of information and things like bank statements are harder to get the longer you wait. So May 31st will be just fine. Best wishes!
I believe you want to do a 1031 exchange of property. [That's Internal Revenue Code Section 1031.] If that is accurate, whether the property is inside or outside a trust will not matter. Speak with your investment advisor, financial planner or CPA to determine if your properties qualify for...Read more »
This is just a formality, but the person who pays the deceased person's final bills, handles the final tax return, and distributes assets from a Trust is called a "Trustee." The person is only called an "Executor" if the person who died had a Will, not a Trust. [To...Read more »
Unfortunately, you will have to go through the Probate Court process, which takes a minimum of one year. What this means is either a lawyer you hire or you (or perhaps another family member) needs to file a document called a Petition in the Probate Court, provide all the notices required by law,...Read more »
I am the personal representative and heir for my father's intestate estate in CA. In regards to my father's real property valued over $166k, the property rights, to my understanding, defaults to be equally divided between his 6 children (heirs). There is an existing mortgage on the... Read more »
I agree with Gina. It sounds like you will need to file a petition for probate and ask for the appointment of an estate administrator before you try to refinance the property, and the six of you should be able to agree on whatever you want provided it’s in writing and your settlement agreement...Read more »
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