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California Probate Questions & Answers
1 Answer | Asked in Probate for California on
Q: Unequal inheritances - CA Do statutory legal fees get allocated against beneficiary shares based on value of share?

Real property is specific devise to only 1 of 3 beneficiaries. It is the bulk of the estates value. non devised beneficiaries feel estate administration fees should be paid proportionately from the real property devisee share as fees are calculated on estate value. Are they right and is there... View More

James L. Arrasmith
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answered on Dec 3, 2023

Under California law, estate administration fees are generally paid from the estate as a whole before distribution to beneficiaries. This means that the fees are not directly allocated against individual beneficiary shares based on the value of each share. Instead, these fees are deducted from the... View More

2 Answers | Asked in Probate for California on
Q: My question is regarding court papers from the probate conservatorship department saying I am a beneficiary.

My good friend died last December and from what I was told he did not have a will. His 2nd cousins were supposed to get the estate. Last Sunday I received paperwork from the court house listing me as a beneficiary and the 3 cousins on there were listed as second cousins. One cousin received letters... View More

James L. Arrasmith
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answered on Dec 1, 2023

In cases where a person passes away without a will (intestate), the distribution of their estate is governed by state law. These laws dictate who qualifies as a beneficiary, typically prioritizing close relatives like children, spouses, and parents. If no such relatives are available, more distant... View More

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1 Answer | Asked in Probate for California on
Q: What is the law that prevents the sale of a vehicle prior to probate?
James L. Arrasmith
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answered on Nov 30, 2023

In California, the law regarding the sale of a vehicle belonging to a deceased person before probate is primarily governed by the California Probate Code. Probate is a legal process through which a deceased person's estate is properly distributed to heirs or beneficiaries, and any debts are... View More

2 Answers | Asked in Probate and Estate Planning for California on
Q: I have letters of admission limited powers for my mom's estate. Can I have the deed transfered to me? I'm her son

There are no other persons or debtors .

I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.

James L. Arrasmith
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answered on Nov 30, 2023

In California, having letters of administration with limited powers for your mother's estate gives you certain authorities, but it does not automatically allow you to transfer the deed of her home into your name. As the administrator, your role is to manage and settle the estate according to... View More

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2 Answers | Asked in Probate and Estate Planning for California on
Q: I have letters of admission limited powers for my mom's estate. Can I have the deed transfered to me? I'm her son

There are no other persons or debtors .

I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.

Howard E. Kane
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Howard E. Kane
answered on Dec 1, 2023

The transfer is accomplished via court Order, not by a Deed. So no, you cannot transfer the property to yourself. Once all procedural requirements have been met, including the preparation and filing of an Inventory and Appraisal, you or your representative will file with the court a Petition for... View More

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2 Answers | Asked in Probate for California on
Q: Can I sell a vehicle before probate

Estate valued at approximately $400K.

James L. Arrasmith
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answered on Nov 30, 2023

In California, selling a vehicle from an estate before probate is generally not advised without proper authorization. The estate's assets, including vehicles, are typically frozen until the probate process begins and an executor or administrator is appointed by the court. The appointed... View More

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1 Answer | Asked in Probate for California on
Q: I am a claimant in a past probate for $186k. (Rejected) Problem is they have me listed as an attorney.

Need a strong attorney to figure out who changed my my status from CLAIMANT to ATTORNEY. also Need to appeal. ( Btw I'm not an attorney)

James L. Arrasmith
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answered on Nov 29, 2023

In California, if your status was incorrectly listed as an attorney in a probate case, it's essential to address this error promptly. You should consider retaining a probate attorney who can thoroughly review the case documents and court filings. This attorney can investigate how and why your... View More

3 Answers | Asked in Estate Planning, Legal Malpractice and Probate for California on
Q: Lawyer had Home appraised At 1.8m sold it for 1.5 after 60 Days listed to a friend of his Who 3 months sold for 3.1

Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money... View More

James L. Arrasmith
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answered on Nov 29, 2023

It sounds like you're concerned about possible attorney misconduct or self-dealing in the sale of your father's home. If the lawyer sold the home for significantly less than its market value, especially to a friend who then resold it for a much higher price, this could raise questions... View More

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1 Answer | Asked in Probate and Family Law for California on
Q: What forms do I need to file to submit documents to support my request for guardianship of my little sister

I am trying to get guardianship of my little sister and would like to show evidence to support my request and I understand the is a process to b able to do so

James L. Arrasmith
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answered on Nov 27, 2023

In California, to request guardianship of a minor, you will need to file several forms with the court. The primary form is the Petition for Appointment of Guardian of the Person (Form GC-210), which is the main document where you state your case for guardianship. Along with this, you'll also... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: My step brother wants to use friend to sell house we inherited. No experience as realator. Can I stop this, he is truste

Myself my brother and step brother are the recipients of our parents estate, divided equally 1/3 each. Everything has been distributed except the house. My brother is Trustee, stepbrother is co trustee. Step brother is planning on useing a friend new to real-estate to sell the house. My brother... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, as a beneficiary of the estate, you do have rights regarding how the estate, including the house, is managed. If your stepbrother, as co-trustee, is making decisions that you believe are not in the best interest of the estate or are potentially self-serving, you can take action.... View More

1 Answer | Asked in Probate and Small Claims for California on
Q: We used a Small Estate Affidavit to avoid probate and claim my dad’s bank acct, but the insurance co won’t honor it!

The insurance sent checks to my fathers name but we can’t deposit them, as we don’t have “official” probate estate open with the court.

We sent a demand letter to the insurance co to reissue the checks in my name, and they wrote back that it is “their policy” to only issue... View More

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, a Small Estate Affidavit can be used to collect certain assets of a deceased person without formal probate, but it's not universally accepted by all institutions. While it worked for the bank and vehicle title, insurance companies often have their own policies.... View More

1 Answer | Asked in Probate, Family Law and Adoption for California on
Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile.

Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption... View More

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for California on
Q: Can someone give me advice about signing over part ownership of a property for the purpose of refinancing?

My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More

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answered on Nov 24, 2023

In California, when inheriting property, it's crucial to understand your legal rights and options. Since the property was co-owned by your mother, and you are her heir, you have a rightful claim to her share. Before signing over any part of the property, it's highly advisable to consult... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for California on
Q: Can someone give me advice about signing over part ownership of a property for the purpose of refinancing?

My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More

Julie King
Julie King
answered on Nov 29, 2023

There are a number of legal issues here. First, no one can verbally give away rights to real estate. The law says that all transfers of real estate MUST be in writing and signed by the person who is giving up their rights to the property. So, any verbal statement your mother made about you... View More

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2 Answers | Asked in Probate and Estate Planning for California on
Q: .Sister filed a petition to administer the estate. Property in a living trust with me as successor trustee.
James L. Arrasmith
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answered on Nov 23, 2023

Under California law, if the property is held in a living trust and you are the designated successor trustee, your role is to manage and distribute the trust's assets according to the trust document's terms. This is typically outside the scope of probate, meaning the court-supervised... View More

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2 Answers | Asked in Probate and Estate Planning for California on
Q: .Sister filed a petition to administer the estate. Property in a living trust with me as successor trustee.
Julie King
Julie King
answered on Nov 29, 2023

If the person who named you in their trust has passed away and you are listed in their trust as the first successor trustee, you should be the trustee unless your sister's petition is successful. No one can successfully petition the court to take over a deceased person's estate simply... View More

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: I'm trying to remove a court appointed receiver from my uncle's estate.

I was notified after 6 months of his passing. The court never notified me, and they appointed a receiver.

His property has 2 county code violations. I'm currently the administrator of his estate.

I'm capable of resolving the violations and having the home and property... View More

James L. Arrasmith
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answered on Nov 21, 2023

Under California law, to remove a court-appointed receiver from an estate, you, as the estate's administrator, must petition the court that appointed the receiver. This petition should demonstrate your ability to manage the estate's affairs, specifically addressing the resolution of the... View More

1 Answer | Asked in Probate and Estate Planning for California on
Q: Can a trustee use the "changed circumstances" doctrine to remove me from an irrevocable trust by defunding it?

Domicile is in California. Dad is 91 and the trustee. Funds have been removed from irrevocable trust in which myself and two brothers were to be equally compensated. He appointed the proceeds of the real estate to himself and his own trust but never recorded anything. He never gave a copy of the... View More

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answered on Nov 17, 2023

Under California law, a trustee cannot arbitrarily remove a beneficiary from an irrevocable trust by invoking the "changed circumstances" doctrine to defund it. Such trusts are typically designed to be unalterable, and the trustee's role is to manage the trust assets according to the... View More

1 Answer | Asked in Probate and Estate Planning for California on
Q: I am a trustee of my late mother's Living Trust in California. We transferred all of her property successfully, but...

now we expect home insurance claim checks that can only be addressed to her name. I am confident that I can petition the court for Letters or Testamentary on my own. But I want to be sure that the court will only consider this property that needs their appointment, specifically the insurance... View More

James L. Arrasmith
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answered on Nov 15, 2023

In California, as a trustee of a living trust, dealing with assets like insurance claim checks made out to the deceased can be managed through the probate court.

When you petition for Letters of Administration (not Testamentary, as those apply to wills), the court's focus will...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: My mother told me and My brother she was leaving me her house but before she put in in writing she passed away.

Do I have a legal right to the home even if I have my brother admit she wanted me to have the home?

Julie King
Julie King
answered on Nov 13, 2023

No, unfortunately. All real estate transactions MUST be in writing and signed by the person giving up their ownership. That's the law. Hopefully, your mother had a Trust (not a Will) and the Trust says you will receive the property. Otherwise, it's likely the property will be divided... View More

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