Insurance Company recently discovered a small policy of Mother who passed in 2001. Father (husband) passed a few years after Mom. Five siblings survive. There's no will, no estate and we gave the insurance company the death certificates. What is needed to get this small amount to the siblings?
Most states have what are called "small estate affidavits" or "affidavits of heirship", which allow the heirs to swear under penalties of perjury to certain facts, such as: that your mom has died; that she left no will; that no probate proceeding has been started for her...Read more »
I am a beneficiary and under ca. Probate code 16061.7 I am required to get copy of the trust now that it is irrevocable, question is do I have a right to see the escrow/title documents prior to closing? What other documents am I entitled to get a copy of, If different than the above code what is... Read more »
Go to the county probate court’s Website, find the case information and the law firm’s contact information, and deliver the claim to them. The law firm must pay all valid liabilities before distributing the estate. Alternatively, contact the probate court and seek their help. I hope this helps....Read more »
My grandmother passed away two weeks ago. The family has been notified by A friend of hers who is stated to be the quoted trustee of her trust. She has stated that after 30days of the receipt of the death certificate she will mail a copy of the trust to all beneficiaries. She has also stated that... Read more »
A trustee has a duty of loyalty, fair mindedness and accountability to all beneficiaries of the trust with respect to trust-owned assets. A trustee does not have the right to withhold information from beneficiaries upon reasonable request. Google the search term trustee duties and see for...Read more »
What I am getting from your question, and I may be wrong, is that you and the father of your child were never married, that he was deported and then died. Your question is, I believe, can you still get child support? If the father is deceased, of course, you cannot get child support from him, or...Read more »
I'm sorry to hear about the loss of your son. I'm assuming you're talking about life insurance paperwork. If you're the named beneficiary on his life insurance policy, the insurance company will simply write you a check if that's your wish. If he had no beneficiary named...Read more »
My oldest sister is the trustee of my mother’s trust. The only item in the trust is my mother’s home. The trust terms are that the home is divided equally among my two sisters and myself. There is an existing mortgage on the home. We have agreed I may purchase the home and buy out their... Read more »
The most straightforward way is for you to open an escrow and deposit the entire purchase price. Then those funds are used to pay the mortgage and closing costs. What is left is split three ways. If you don't have all cash, then you will have to get a loan, so you will deposit part cash and...Read more »
My dad did leave my brothers son money. But the house was instructed specifically to me and my brother to split but my dad died just one week after my brother and didn’t have time to amend the will. He said the house is all mine? Does my nephew have claim to the house?
The existence or absence of a will is usually irrelevant when it comes fo life insurance. Life insurance usually is paid out pursuant to a beneficiary designation unless the designated beneficiary is the estate, which is rare.
Mom has a will leaving both myself and my sister equally 50/50 her house. But my sister and mom both died on the same day. Do i inherit the entire house or is my sisters husband or kids entitled to half of the house? My aunt was assigned the executor of the will. The grandkids were left specific... Read more »
If credit card debt was taken out by the deceased spouse in their name only and without the surviving spouse's knowledge, what rights does the surviving spouse have? Are they still liable for the debt? There is no will or estate.
That's tough to answer as there are many variables and ways it could go. A general rule in probate is that a person (spouse or otherwise) is liable for debts (even if they didn't know about it) to the extent they received assets from the decedent. So if the spouse received money/assets...Read more »
My two sisters and I have agreed I will buy their interest in the home. My sister who is the trustee demands I pay the entire existing mortgage or she will not sign the deed. The trust terms are the home is divided equally one third each. Can my sister alter the terms, threaten to not sign the deed... Read more »
There are private investors who provide liquidity to estates for exactly this situation. They provide funding to allay your Sister's apprehension, and should also provide guidance in preserving the historical property tax.
Jonathan Purcell is a California Attorney. This posting does...Read more »
I am trustee my husband is co trustee of his mothers trust and each share one half the sisters half will be a 3 party SNT FOR 21 years she was not on ssi age 37, she suffered from depression and her mom was worried and wanted to make sure she would qualify for assistance. I am the executor /... Read more »
A California special needs trust that has been validly created avoids probate. Pursuant to the provisions of the special needs trust, a trustee has a fiduciary responsibility for the management of trust assets. A breach of that responsibility can create liability for the trustee. If the special...Read more »
Maybe the letter qualifies as a handwritten will. You need to take it to a lawyer to find out. Maybe the letter could qualify as a trust. I don't know . You need to take it to a lawyer who prepares wills and trusts and does probate and trust work. Maybe the letter qualifies as a deed. You need...Read more »
Sister died and now my 2 brothers and I are involved in her probate. One brother wants to continue to live in her house and sell it down the road instead of selling it now and splitting the proceeds. I want to sell it now. Will the probate judge decide which? Can probate close and settle if we... Read more »
Normally cash is needed to close (end) probate. That is cash for attorney fees, executor fees, court costs. So probate can't close without selling the house unless someone puts in cash. I would come up with a distribution agreement and have everybody sign off. Good luck.
You are both beneficiaries so you both own the life insurance proceeds. Equally!
You should cooperate with each other with respect to the life insurance policy and its proceeds. Sometimes, in life insurance cases like yours, you need to file a petition in court to sort out any disputes....Read more »
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