John B. Palley's answer I would contact an attorney in Mexico to determine what they will need. Being that there is no will they may not need anything from the California probate. I am not sure. Good luck. -John
First of all, you almost never want IRAs or 401Ks in a Trust. Those sorts of retirement plans have named beneficiaries so that the money automatically goes to the beneficiary upon the death of the owner. Having the IRAs in a Trust serves no purpose.
You could have a Trust as the beneficiary of an IRA but that would normally be a bad idea because the Trust has a much higher tax rate than people do, after about $13,000 of annual income. You could do it for a...
Richard Samuel Price's answer Your sister may have commited financial elder abuse and she may be required to either reimburse the estate or have the $400,000 in loans credtied towards her inheritance. Contact a local attorney for a full consultation.
Jeffrey Louis Gaffney's answer You CANNOT gift the money away or sell anything below fair market value without causing a penalty period for Medi-Cal to cover her nursing care bill. You can spend it but you cannot give it away.
You are not in any way liable for your aunt's care or her bills.
A nursing home can evict people but they will probably work with you if you are trying to get your Aunt onto Medi-Cal.
Richard Samuel Price's answer If there are any amounts owed to the State of California, such as for taxes, those amounts must be paid before any other debts are paid and any heirs to an estate receive their inheritance.
William John Light's answer By your own admission your parents spent the inheritance on private school and your college tuition. How can you say you have "never seen the money"? You got the money. It was invested in your education. Unless there is something left over, it sounds like your parents acted responsibly.
There are three different levels of Probate process in California. Which level you use depends on what assets your grandmother left behind. If she left no real estate and only moderate assets, then you can probably get away with one of the abbreviated two levels. You will have to take a sharp pencil and add up what she left behind.
Richard Samuel Price's answer If this is a probate matter for a decedent's estate, then you can file a petition for a preliminary distribution of the estate, but if there are no bills to pay, then you should just file the final distribution.
If there is a blocked account, then you'll have to file the appropriate petition and order.
Call or email an attorney for a full consultation.
John B. Palley's answer Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.
IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...
John B. Palley's answer Honestly I would petition the court and ask to switch to IAEA powers, get bonded, and get rid of the blocked account. It will be easier to handle estate business including, eventually, selling the house. There is a judicial council form to make the switch to full IAEA powers. If you don't have one I would advise hiring attorney. Should make your life easier. -John
Jeffrey Louis Gaffney's answer Yes you can, but it would be a very bad idea anyway you look at it. The executor would be personally liable for any debts or taxes if he gave away too many assets.
Normally it requires the assent of all the parties involved, so any one person can block it.
A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the...
Richard Samuel Price's answer No, a petition and an order to withdraw funds from a blocked account are separate forms. Use Judicial Counsel Forms MC-357 and MC-358 to request withdrawal of funds from a blocked account.
Richard Samuel Price's answer I'm sorry that you are going through this. You should have a sit-down discussion with your attorney to understand what has happened. If you don't get satisfactory answers, you can switch attorneys.
Bruce Alexander Minnick's answer Although I do not practice in California, unless I miss my guess the taxing authorities will continue assessing taxes on the entire piece of property because they are only interested in collecting the taxes and do not care who owns it. You might want to engage the services of a real estate lawyer in the county where the property is.
Jeffrey Louis Gaffney's answer The Probate process begins with someone filing a Petition with the Probate Court, along with the Will if there is one. A court date is assigned 15 to 30 days out. The petitioner is required to give notice of ths to all heirs, beneficiaries, creditors and persons of interest so that they can object to the proceedings.
If she did not ever give you notice, you can go complain to the judge. If the hearing still has not happened, you can appear and make your objections.
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