My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »
I agree with Nina. It's a simple matter to collect an asset with a small estate affidavit. You can find a sample of a small estate affidavit for the bank account on the Sacramento County Superior Court website (which is good for any county in the State of California) (good instructions too,... Read more »
We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,
2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »
I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.
The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your... Read more »
He had a pension but never received it are my brother &I entitled to any of it if so how do I inquire about it
Most workplace and private pension schemes provide death benefits and, in the event of death, the beneficiaries should contact the pension scheme administrator for more information. Pensions are considered to sit outside of the estate, which means that when the pension holder dies, their... Read more »
In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint
I'm trying to close escrow on a probate property in LA county, CA. After 2 yrs of court proceedings, the surviving siblings were awarded equal shares of the pending sale by the court. My loan was approved and funded and then title company comes back and say that they messed up and originally... Read more »
It is doubtful that any cause of action exists as title companies do not represent anyone. It is totally different when you hire an attorney, which is what anyone should do if transacting in real property. Sometimes Negligent Misrepresentation is possible, but very doubtful. Consult with a CA... Read more »
I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »
I'm sorry to hear about your mom's passing. I recommend that you have an attorney review the estate planning documents to help you understand the content. Due to COVID, it may be best to scan the documents so that they can be emailed to an attorney for review. It is also a good idea to... Read more »
child of deceased sibling
Yes, the children of your uncle's deceased siblings stand to inherit. The surviving sibling will receive 1/3 of the estate. The children of the first sibling to die will inherit 1/3 of the estate in equal shares. The children of the second sibling to die will likewise inherit 1/3 of the... Read more »
My father died intestate. He has 4 children including myself. Do I need to request a bond waiver from everyone including his sisters and grandchildren? Or just his children?
A bond waiver is only necessary for those who stand to inherit. Under intestate succession, this should be limited to his children and possibly grandchildren if any of his children are deceased. Keep in mind that if the administrator lives out of state, the judge will most likely require a... Read more »
My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »
Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many... Read more »
If you hold title with the owner as "joint tenants", no probate would be required. If title is held as tenants in common, half of the property would have to be probated.
However, adding an individual's name to real property is typically a very bad idea and has adverse... Read more »
her inheritance? The probate is going on now for years and it will go on for another year. Does the other members of the probate need to be notified of this request? The probate is in Los Angeles County. I am trying to save our inherited home from the same probate.
A petition for preliminary distribution under Probate Code Section 16200, 11602, and 11620 may be filed by any interested person - they must be able to show a direct pecuniary interest in the distribution.
Authorization to make a preliminary distribution is obtained by filing a noticed... Read more »
case is out of los angeles, stanley mosk.
I live in San Diego
somehow your missive came up in criminal law section in Palm Springs
Use a find a lawyer feature and look for cole room attorneys.
No. The recording of the affidavit of death of Joint tenant is the same as a deed from the deceased spouse to the surviving spouse. No further deed is necessary unless the spouse creates a living trust and then transfers title to the property to that new living trust.
The same rule applies... Read more »
For example, is it normal for persons on probation to be followed physically, what about monitoring electronic communications at the home? would it for example be in scope to use some kind of exploits or other attacks? I'm wondering what is the normal level of surveillance for someone on... Read more »
The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case... Read more »
The value of the property is under 300 K.
You do not need to probate the estate due to the house, but you may need to probate his estate IF (1) he did not have a trust and the value of his probatable assets is $166,250 or higher; or (2) if the value of his probatable assets are less than $166,250. There isn't enough information in... Read more »
I live in Salinas, CA. The trust contains several properties, 6 non-trust bank accts, and an IRA. I’m listed as a 10% beneficiary. Father passed 8/31/21. I have copy of Trust. The trustee’s attorney characterizes situation as “messy”. Thank you.
Can you imagine any attorney asserting your question, “No, you don’t need an attorney. You’ll be fine.”?
You need an attorney to protect your interests. W have all heard of trustees gone rogue. And there have been rogue attorneys too. You need your own attorney to keep them Iine.
Resolved.
This is the type of detailed information you should not be posting on the Internet. Just by way of example, assume you have a right to both, but there is strong possibility one or more relatives may file suit. One good outcome would be to disclaim the 401K in exchange for a release for all claims... Read more »
I was at work when my car was hit by a parked car the driver stated he was going 40 mph fell a sleep at the wheel woke up hit a parked car behind me then the car behind me hit me from behind and I hit the car in front of me from behind I just found out my car is a total loss and the was my only... Read more »
Sorry to hear that you are in this situation. Without a personal injury of some kind, few personal injury/property damage attorneys will assist you on a contingent fee because the claim has too little money involved. But that is not the end of the story. You can file for yourself in Small Claims... Read more »
my grandmother). Am i entitled to all her personal property? A house full of stuff & storage units.
My aunt & uncle are changing locks, telling me im not allowed over & threatening to have me arrested if i do. Can they do this, change locks & not allow me my mothers... Read more »
I'm sorry to hear about your mom's passing. Assuming no will is located, then the laws of intestate succession in California dictate that you are her only heir, and you are entitled to her property. If your relatives are making this difficult, then a probate case may need to be opened... Read more »
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