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California Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for California on
Q: I there a procedure called bequeeze or bequest that can avoid probate and heggstad?

*Is not I.

My grandmother recently passed away. I am now the trustee of the family trust. There are a couple of properties that didn't make it into the trust. Is there a legal procedure that can avoid probate and heggstad? My father believes this is called bequeeze or bequest.

Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2019

A "bequest" is a legacy or gift handed down to someone in a will, or the act of making such a gift by will. To "bequeath" is to give personal property by will do another. They are almost synonyms of each other. Gifts made by will require probate to transfer, with some exceptions.

In...
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2 Answers | Asked in Probate for California on
Q: Hello, Mom passed away without a will nor a beneficiary for her bank account.

I've been taking care of her in her home for 10 years (Alzheimer's), and my sister wants me to inherit the remaining funds in her bank account of less than $5000 and the family home, which has a reverse mortgage on it The loan on the house is at $320,000 and the house is probably only worth about... Read more »

James Edward Berge
James Edward Berge answered on Dec 12, 2019

Since your mom’s total gross estate is valued at more than $150,000, you’ll need to probate the entire estate, including the home and the bank account. The cost of probate is at least $10,000. You really should find a probate attorney to help you through it. The existence of a reverse... Read more »

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2 Answers | Asked in Probate for California on
Q: A father in Ohio just completed the funeral of a son who died intestate in Los Angeles, California. The estate will be

small and can avoid probate. But to begin the process, what "proof" must he provide to his son's landlord, banks, employer that he is son's personal representative at this time?

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

In reality, nobody is your son's personal representative unless and until he or she is appointed as such by a probate court. If the decedent had a will and it appointed the father as personal representative, some (not all) institutions might honor that. The landlord will probably be satisfied by... Read more »

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1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Q: Can a non relative who was denied conservatorship amend petition nominating a paid fiduciary for conservator?

my fathers friend (dated briefly years ago, never been married) filed for conservatorship and her petition was denied. She then amended the petition nominating a paid professional fiduciary to be the conservator. Is this legal? Can a person with no standing nominate someone for conservator??... Read more »

James Edward Berge
James Edward Berge answered on Dec 9, 2019

If your petition was denied, it could have been due to either of the following reasons: failure to prove the need for the conservatorship, or lack of adequate standing. A non-relative generally has no standing to request a conservatorship of another, especially if a relative wants to be the... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for California on
Q: i was to submit a motion for summary judgment but i was told to file a declaration of undisputed facts why?

I lost a default judgment to A SET ASIDE because of faulty proofs of service however I have a CHANCE TO WIN BASED ON THE MERITS OF THE CASE BUT THOUGHT TO FILE A MOTION FOR SUMMARY JUDGMENT BUT AM TOLD I HAVE TO FILE A DECLARATION OF UNDISPUTED FACTS WHY ?? I AM THE PLAINTIFF AND HOW DOES ALL... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 4, 2019

Review California Rules of Court, Rule 3.1350 - 3.1354, and Code of Civil Procedure 437c. A motion for summary judgment must include some type of evidence, which may be in the form of a declaration, that establishes for the court that there are no defenses available to the defendant and that you... Read more »

1 Answer | Asked in Probate for California on
Q: to file a petition using probate code 850 & 859,could I pay attorney to draft it for me & I file it myself? Is it ok?

Just wondering if attorneys will be willing to write petition for me because I tried but it doesn't sound as nicely like when a lawyer writes it.

David Ostrove
David Ostrove answered on Dec 3, 2019

It's a very technical area. In my opinion you should use a probate attorney.

4 Answers | Asked in Estate Planning and Probate for California on
Q: Hello, my sister recently passed away. She was married but bore no children of her own. She did have two step sons that

she helped raise. I am trying to find out if she had a will. My question is this...does her part of her "estate" automatically go to her husband with or without a will? She had mentioned to me that she had intended to leave her "half" of her property to my children "her only niece and nephew." I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 1, 2019

If she had a will, then her will governs. If she had no will then her living parent(s) inherit half of her separate property and her spouse gets the rest. If her parents are both deceased, then her siblings inherit half of her separate property and her spouse gets the rest. You should hire a... Read more »

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2 Answers | Asked in Probate for California on
Q: If I was the beneficiary on late fathers bank account am I responsible to pay off his credit cards?
James Edward Berge
James Edward Berge answered on Nov 30, 2019

No. A beneficiary on a beneficiary designation account is not liable for the account owner’s debts and the creditors of the deceased owner have no recourse against the account proceeds either.

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2 Answers | Asked in Probate for California on
Q: Can a notary public notarize a will that mentions the credit union the notary public works at.
James Edward Berge
James Edward Berge answered on Nov 26, 2019

At least in California, a notary cannot notarize a Will in his or her official capacity. A Will requires two (in some states, three) witnesses.

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2 Answers | Asked in Probate for California on
Q: My relative has passed on . Would you direct me where to contact at LA court, to find his last will etc.
Genene N. Dunn
Genene N. Dunn answered on Nov 25, 2019

Generally someone has to file the will with the court and is also required to send all beneficiaries and/or heirs notice of any filings. You can also do a search of records at the courthouse itself.

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1 Answer | Asked in Probate for California on
Q: Who should be the Guardian Ad Litem of a minor beneficiary when entering intestate probate? Is one necessary?

Probate is in California. Minor is granddaughter to decedent. Son of decedent passed away. 2 other heirs--son and daughter. Daughter wants to serve as special administrator and Guardian Ad Litem. Estate to be split equally. Real and personal property--1.5 million. Want to avoid paying bond or... Read more »

James Edward Berge
James Edward Berge answered on Nov 24, 2019

You have no choice. A minor cannot inherit money or property outright, but must be represented at all times by a legal guardian who is an adult and close in degree of kinship to the minor who will manage that money for the minor under court supervision until the minor becomes an adult. A legal... Read more »

2 Answers | Asked in Probate for California on
Q: We are opening intestate probate in Ca. Decedent owns property in Co. Do we open probate in Ca and Co at the same time?
John B. Palley
John B. Palley answered on Nov 24, 2019

If there are no assets in California I might skip the California probate and just do the Colorado. The main issue, assuming no assets in California, is if you want to put creditors on notice in California to protect yourself from later claims. Also, I should add, I do not know Colorado law but if... Read more »

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1 Answer | Asked in Probate for California on
Q: What specific forms to file in Fresno County to revoke a power of attorney as a third party?

What are the step in this process?

Bill Sweeney
Bill Sweeney answered on Nov 18, 2019

The principal might consider the following website:

https://eforms.com/power-of-attorney/ca/california-revocation-of-power-of-attorney/

1 Answer | Asked in Probate for California on
Q: My dad past two year.he left me property as payment for helping him in business with some days no pay,my mom sold home

She secretly no sign no one came to look at home I suddenly got call saying I have to move I ain't greedy I don't want the money I want what my dad's wish was to save home for future generations my mom put herself on deed my dad would say I thought it was them fighting again but the way my mom... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 16, 2019

You narrative is missing a whole lot of important facts, like whether or not your dad had a will and how the house was titled. The best way to sort this out would be to schedule a consultation with a will contest attorney in your area. This forum is for questions of a general nature. For... Read more »

2 Answers | Asked in Probate for California on
Q: My mother sold her house and has since passed away. The new owners are saying that the septic tank is bad and suing me.
Nina Whitehurst
Nina Whitehurst answered on Nov 13, 2019

If they have any claim at all it is against your mother,not you. If they didn't present their claim in a timely fashion during the probate of your mother's estate, then their claim is expired.

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2 Answers | Asked in Criminal Law, Estate Planning, Appeals / Appellate Law and Probate for California on
Q: As the former administrator to my mother's estate I have been chargd w/contempt for not turning over documents.

My brother whom my mother ADIMENTALLY expressed he make no decisions for her was appointed. She died intestate. The judge threw out my brothers OSC for procedure in non service, however she is asking me to comply anyway. How do I respond?

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

more info needed.

you should have a lawyer guiding and representing you.

i don't do that area of law.

hire a lawyer who does probate litigation for the court in question.

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3 Answers | Asked in Criminal Law and Probate for California on
Q: What type of lawyer handles contempt charges in probate court?
Nina Whitehurst
Nina Whitehurst answered on Nov 12, 2019

A probate litigation attorney.

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1 Answer | Asked in Estate Planning and Probate for California on
Q: I have a will and my uncle says he has a will, what should I do for my grandmothers wishes?

Grandmother left will and testament with me her grandson put me on her bank accounts and retirements accounts. My uncle swooped in when she was diagnosed with terminal cancer and took her the same day she was diagnosed to get a will done. What should I do and what are my rights to the things she... Read more »

Jonathan Purcell
Jonathan Purcell answered on Nov 11, 2019

In general, assets that are in the form of beneficiary designations through banks and investment firms do not pass through a will or testamentary trust. You will present your ID and a certified death certificate at the financial institutions that hold the accounts.

The information...
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1 Answer | Asked in Estate Planning and Probate for California on
Q: Gave trust to Merrill Lynch on behalf of uncle who wanted beneficiaries changed. One account wasn't changed.

Great uncle was feeling sick and wanted a trust put together before he died. He named nephew who lived with him as beneficiary for all accounts. Trustee was tasked with bringing trust to his financial advisor at Merrill Lynch who oversaw his accounts. All accounts were supposed to go to the trust... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 11, 2019

This forum is for legal questions of a general nature. Your question involves specific facts and circumstances, not all of which are present in your recitation of facts. The only way you can get a definitive answer to your question is to schedule a consultation with an attorney that litigates... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: How to find out what is being done with my grandmas estate she died with out a will

My dad docent ask because he don't want his sister mad at him and the other brother which has money says he's taking care of it . How do I find out what is being done or not done

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Nov 9, 2019

If anything is being done then there should be a record of it at the Probate Court for your county.

If someone dies owning real estate or having assets over $150,000 then someone has to open a case with the Probate Court (generally), and those records are public.

If she had less...
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