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California Probate Questions & Answers

1 Answer | Asked in Probate for California on

Q: Married couple both die intestate within a year, and the estate is a house owned in joint tenancy, whose heirs inherit?

The estate is in California. The couple have been married over 15 years. The couple had no children. The wife, who died first almost a year earlier, has living siblings. The husband, who died second, has living cousins. Who would get the house? Obviously, the husband would if still alive, but... Read more »

John B. Palley answered on Aug 22, 2019

Sounds like a case where 1/2 will go back to wife's family since death within 15 years and surviving spouse didn't have surviving spouse or issue. I believe it depends on how closely related the cousins are. Read probate code 6402 and 6402.5 very closely.

1 Answer | Asked in Probate for California on

Q: my lawyer settled my case and 1991 and became not eligible to practice law in 1993 does that have an effect on my case?

Nina Whitehurst answered on Aug 22, 2019

No, that does not have an effect on your case. And, besides, you approved the settlement, right? Attorneys are not allowed to settle cases without client approval.

1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on

Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided

Richard Samuel Price answered on Aug 22, 2019

In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.

2 Answers | Asked in Probate for California on

Q: Do I need a special order to quitclaim property? My order for probate says I'm Administrator with Full Authority

Gerald Barry Dorfman answered on Aug 21, 2019

If by quitclaim, you mean sell, then you do not need a special order for the sale to proceed. However, you still have a fiduciary duty to the beneficiaries, and you must follow the mandatory procedures, such as giving proper "Notice of Proposed Action".

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1 Answer | Asked in Business Law and Probate for California on

Q: my 50 50 partner in a c corp passed away in may with no will. should I appoint a new board member or not? can I ?

Richard Samuel Price answered on Aug 21, 2019

You'll have to review the bylaws and/or the shareholder agreement for any clauses of what would happen if a shareholder dies. If the bylaws and/or shareholder agreement are silent on the issue, then California law applies, which is complex. You should contact an attorney near you for advice.

1 Answer | Asked in Real Estate Law and Probate for California on

Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How do I sign 1st one

Richard Samuel Price answered on Aug 21, 2019

As the personal representative of the estate, you can transfer the property directly. You do not need to transfer it from the decedent to the estate (the estate is not a separate person).

If you plan to sell the property, you would sell it through an escrow company and they would prepare...
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1 Answer | Asked in Probate, Business Law and Estate Planning for California on

Q: my 50 50 partner in a c corp passed away in may with no will. her stock shares are going to probate.

in probate, will they simply give away her shares of stock? or will they also valuate the company and demand a payment be made to the new shareholder? he is not a director, manager or majority shareholder in the company.

Bill Sweeney answered on Aug 20, 2019

If valued over $150,000, the share ownership will likely be probated and the shares will likely be distributed to the intestate heirs. You should retain competent counsel to review your situation, including any agreements between the shareholders regarding death of a shareholder.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on

Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How doI sign 1st one?

Nina Whitehurst answered on Aug 20, 2019

Your probate attorney should be helping you with this one. If you do not have a probate attorney, then you probably need one. These are not do-it-yourself projects.

To answer your first question, no, the executor does not have to change title of real property from the name of a decedent...
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1 Answer | Asked in Probate for California on

Q: does an order have to be served upon the person it refers to in order to be effective? As being removed as a co-trustee

or for instance being removed as a person entitled to notification.

Richard Samuel Price answered on Aug 19, 2019

No, an order does not normally have to be served upon the person it affects, unless the judge orders it so. Through the case, you either were served, notified, or the court dispensed with notification to you. Didn't you appear at the hearing on the petition?

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for California on

Q: Can you add someone to the deed to your house but Will that your home be sold/profits split Among people not on the deed

My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »

James Edward Berge answered on Aug 18, 2019

There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property... Read more »

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1 Answer | Asked in Probate, Criminal Law and Real Estate Law for California on

Q: Embezzlement or rent skimming? Can a person "move in" before probate with no administrator? Can i remove the lock?

My grandmother passed november 2018 and left an unsigned deed. This deed leaves the home to her son and nephew. Her son has collected 12000 from the tenants, half the rent was payed none of the bills were. Is that embezzlement or rent skimming?

After one teant moved out (july 15) he came in... Read more »

Dale S. Gribow answered on Aug 17, 2019

more info needed.

i would report him/her to the police.

technically they broke into the residence.

if they are a tenant you have to comply with the law and do a 3 day notice and an unlawful detainer.

1 Answer | Asked in Estate Planning and Probate for California on

Q: There’s 3 of us girls, supposedly my mom left no will, not believable! But she trick me into believing her at the begin

Beginning by signing a no bond that clearly isn’t wat she told me it was!& that the attorney was for us 3, I’ve not been able to step foot in my parents home,& she had a garage sale w/ out my knowledge that led to a fight n the police were called I’ve got the report is was NOT my fault! Now... Read more »

Nina Whitehurst answered on Aug 16, 2019

Hire a probate attorney to help you ensure that your mother’s estate is being handled correctly.

1 Answer | Asked in Estate Planning and Probate for California on

Q: my Sister got revoked for not being mental able to work as a nurse do to pills, she’s now administrator of moms estate!

I believe the law firm doesn’t know this that’s her attorney nor the courts, wud she be able to do if they knew?

Nina Whitehurst answered on Aug 16, 2019

If you think your sister is not qualified to be the executor of your mom's estate, you should hire your own attorney to oppose her appointment or, if she has already been appointed, to have her removed.

1 Answer | Asked in Estate Planning and Probate for California on

Q: My parents passed away and the trust splits 50/50 with me and sister. They have moved in to my parents home.

They will not pay me for my half of the house. What are my options?

Sanjoy Kumar Guha answered on Aug 14, 2019

If you and your sibling can't reach an agreement, you'll probably have to involve the court. You can file a lawsuit for partition, asking a judge to order the sale of the home so you can terminate your co-ownership.

1 Answer | Asked in Estate Planning, Probate, Small Claims and Real Estate Law for California on

Q: Probate hasnt started can a non teanat place locks on rooms? Will a quite title action make an unsigned deed valid?

My grandmother passed and left the deed, leaving the home to her son and nephew, unsigned. Since then her son has collected 12,000 from the teanats and has only payed 6000 toward the mortgage. Is this considered rent skimming or embezzlement? After one teant moved out he placed a lock on the room... Read more »

James Edward Berge answered on Aug 14, 2019

An unsigned deed does not convey legal title to property and does not qualify as a Will. A probate will be required to convey title from grandmother to her heirs at law, typically her children and quite possibly her son. Since her son does not have title to the property, he cannot evict a tenant... Read more »

2 Answers | Asked in Probate for California on

Q: Day grandma died caretaker&grandma son locked me out of house.Im only child lived w/her all my life. I sat on curb hours

THEY CALLED COPS on me! That was my house Im sole owner on title i told cops. They wanted me to show them Grant Deed but how if I didn't have anything on me but my car key! Caretaker and grandma son was saying i have NO RIGHTS BCUZ IM ONLY GRANDDAUGHTER and he is her only living son "NEXT OF KIN" I... Read more »

Nina Whitehurst answered on Aug 14, 2019

You need to take your grandma’s will to a local probate attorney to start the probate process. In the meantime contact me PRIVATELY with the address of the house and county and I will look up the deed and the assessor’s roll and tell who appears to own the property. If I am able to pull the... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on

Q: mY PARENTS HAVE A LIVING TRUST I AM ONE OF 3 CHILDREN WHO HAS THE RIGHT TO SEE THE TRUST ? DO THE CHILDREN

MY DAD PASSED OVER 5 YRS AGO AND MY MOM WILL BE SOON

James Edward Berge answered on Aug 13, 2019

As long as your parents’ trust is revocable, no one has the right to see their trust, not even their children. The only time that you have a right to see their trust is when that trust or a portion of that trust becomes irrevocable due to the death of a trustor, or you are entitled to... Read more »

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1 Answer | Asked in Probate for California on

Q: US Citizen deceased owns rental prptys in Mexico& bank accnt to deposit rents.Im Admin of estate in CA how does this wr?

There are several rental properties out in Mexico. They're rented out. Money gets deposited into a Mexican bank. Im Administrator of the estate here in California and i don't know what to do about this. I haven't said anything about this to judge here. Am I suppose to include those mexico... Read more »

Nina Whitehurst answered on Aug 13, 2019

Your probate attorney in California can newer your questions about whether you can use estate funds in California to pay for an ancillary probate in Mexico. You need to hire a probate attorney in Mexico to help you administer the probate in Mexico.

2 Answers | Asked in Probate for California on

Q: Probate? What do I need to do to in Alameda Co. to process my Mother's estate of less than $1000?

My Mother passed in mid-July at age 95... Only assets are a Bank account of less than $300 and a 1998 car worth about $500. I'm the only child, age 70... and would like to handle this with as little hassle as possible. We paid final expenses ourselves, and have official 'Certificate of Death'.... Read more »

Nina Whitehurst answered on Aug 13, 2019

An Affidavit of Small Estate will do the trick. It is best to obtain the assistance of an attorney for this, but if you insist on doing this yourself you can probably find a form on the internet. You are also going to need at least two original death certificates.

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1 Answer | Asked in Probate for California on

Q: is there a time limit to file a will in ca.

it has been over 15 years since my wife's father died and her sister still has not taken care of the will.

Richard Samuel Price answered on Aug 13, 2019

A will is supposed to be lodged with the county probate court within 30 days of death. However, there isn't a penalty for not doing so.

But if there hasn't been a probate case, then there isn't a time limit to file a petition for probate. Don't wait for the sister to file the will. Your...
Read more »

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