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As the sibling of a decedent in a probate case in California, I am concerned about the appointment of a Guardian Ad Litem (who is the ex-wife of the minor child) as the Special Administrator. The minor is the only child of the decedent, and the parents are divorced. The ex-wife was appointed... View More 
answered on May 14, 2025
California Probate Code section 8461 provides the priority list for appointing an administrator over a decedent's estate. The list includes the following people in the following order of priority:
(a) Surviving spouse or domestic partner
(b) Children
(c) Grandchildren... View More
My father passed away last November, and my estranged brother, who is the executor, claims it will take up to 2 years to pay my father's medical bills. My father was on Medicaid, which typically has a 6-month time limit for payments. The estate is not undergoing probate, and my brother has... View More
answered on May 9, 2025
First, the reason your brother's lawyer is not speaking with you is because the ethics codes prohibit lawyers from giving advice to beneficiaries. You are not the lawyer's client. Plus, there are more ethics regulations on lawyers in estate administration matters than most other areas of... View More
My mother recently passed away in California, leaving behind a will in which I am named, as her only child. However, my step-father, who is also involved, has not shared the will with me. He mentioned that probate has started for bank accounts that are in my mother's name from her prior... View More
answered on May 6, 2025
Whoever has a will is supposed to lodge it with the court within 30 days of the death. If there was a probate proceeding filed, you should have been given notice of it. If there is no will, you are entitled to a share of any non community property. You can file for probate yourself. Discuss your... View More
I am a widow with a small life insurance policy and a home solely in my name. My daughter is the beneficiary on both my life insurance policy and the Transfer on Death (TOD) deed for my home. I have loans on my home, including a second mortgage and a home equity line. Given these circumstances, is... View More
answered on May 1, 2025
A will can cover everything in your "estate", and is such a simple step to take, you should probably put in the effort to get one. Although the TOD can effect a transfer on death, depending on your health and age, you may want to have a consultation with an attorney regarding a trust.... View More
I am a widow with a small life insurance policy and a home solely in my name. My daughter is the beneficiary on both my life insurance policy and the Transfer on Death (TOD) deed for my home. I have loans on my home, including a second mortgage and a home equity line. Given these circumstances, is... View More
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answered on May 1, 2025
While a TOD deed and life insurance beneficiary designation can avoid probate for those specific assets, they don’t cover everything. Any other property you own—like bank accounts without a payable-on-death designation, personal items, refunds, or anything acquired later—would fall under... View More
I'm set to become the executor of an estate on June 6th, with a net asset value of $175,000. The liabilities include a mortgage, a repossessed vehicle, HOA fees, several credit cards, and small medical bills. I've received certified mail from Ford Credit and the mortgage company... View More
answered on Apr 30, 2025
Yes, you should hire a probate attorney. Probate attorneys are compensated based on a percentage of the value of the estate, the same as executors/administrators. Extra services, if required, are billed additionally. As a general rule, they are only paid at the conclusion of the estate... View More
I'm set to become the executor of an estate on June 6th, with a net asset value of $175,000. The liabilities include a mortgage, a repossessed vehicle, HOA fees, several credit cards, and small medical bills. I've received certified mail from Ford Credit and the mortgage company... View More
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answered on May 1, 2025
You should probably hire an attorney to help you navigate this probate case. That is the best help you can obtain.
If you mean financial help, theoretically you could obtain a loan to the estate to pay claims, to be paid back when the estate settles, that that is usually not necessary.... View More
My sister, who lived in Sunnyvale, CA and has dementia, does not remember her lawyer who prepared her will. Unfortunately, her house burned down and all documents were lost. Her husband is unaware of the lawyer’s identity, and she has no friends who might have that information. My sister is... View More
answered on May 1, 2025
I'm sorry to hear about the situation. Did your sister own the home? If so, there is a good chance she created a living trust and funded the trust with the real estate and possibly other assets. This means that a trust transfer deed for the house would be recorded at the county... View More
My brother passed away without a will, leaving behind an old truck titled solely in his name. There are no other heirs, and I have begun the probate paperwork. Before completing this process, I signed the pink slip and got rid of the truck. Could this action cause legal trouble for me?
answered on Apr 29, 2025
Yes, you can be in legal trouble if you signed your deceased brother’s truck over without proper authority in Arizona. However, if you use the correct legal process (such as a small estate affidavit) and act promptly, you may be able to resolve the issue without serious consequences.
1.... View More
I have lived with my Dad since 2011, and he passed away in 2014. I have been making mortgage payments since 2017 until November 2024, when my sister put the house up for sale. She is on the deed with my dad since 2010, but there is no written will. Now, the house is in default with several letters... View More
answered on Apr 24, 2025
I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given... View More
I live in California and have been married for 23 years. Our home was purchased three months before our marriage, and my name was never added to the title. All our assets, including bank accounts, savings accounts, car, camper, and property, are in my spouse's name. We want to avoid the delays... View More
answered on Apr 23, 2025
The fact that your spouse did no estate planning prior to death is unfortunate. I always tell people that they should set up an estate plan FOR THEIR LOVED ONES, not for themselves -- because they'll be gone! So, people have a choice of leaving their loved ones a nice, neat package with... View More
I urgently need legal guidance regarding my late mother's estate in California. My brother has excluded me from my rightful inheritance and is using the assets for personal gain. He denied me access to sentimental belongings like jewelry, family albums, a bedroom set, vehicles, and bank... View More
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answered on Apr 22, 2025
You have several legal options under California law:
1. Request an Accounting
As a beneficiary, you can demand a formal accounting of the estate. If your brother refuses, the court can order it.
2. Remove the Trustee
You can petition the court to remove your brother... View More
I am trying to find out if I am included in my late uncle Mike Sampani's last will and testament. My family and I are California citizens, and I would like confirmation of what my involvement, if any, is in the will. I have not seen the will myself. How can I obtain this information?
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answered on Apr 16, 2025
To find out if you’re included in your late uncle’s will in California:
1. Contact the executor. If you don’t know who the executor is, ask family members. Executors are legally required to notify all named beneficiaries. If you’re included in the will, you should receive a formal... View More
I am coexecutor and sole beneficiary, along with my brother, of our mother's estate. We are unable to agree on the disposition of a specific jewelry item, which has been kept safe for over 13 years. My mother made a verbal request for this item to stay in the family, though it wasn't... View More
answered on Apr 14, 2025
If you want to settle a dispute outside of court, mediation is a great alternative. Free mediation services, both community and court-connected, are offered to some residents and businesses of certain counties (e.g., Los Angeles County). In mediation, a neutral third party helps you resolve your... View More
In California, my father recently passed away, and the house is held in a revocable trust established in 2015, with my dad and my stepmom as co-grantors. The property is held in joint tenancy, and the house goes to my stepmom according to the trust, eventually passing to my brother and me upon her... View More
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answered on Apr 12, 2025
In California, when property held in joint tenancy is transferred into a revocable trust, the joint tenancy is generally severed unless the transfer occurred during a limited window between November 13, 2003, and September 30, 2013, and specific conditions were met. Since the trust in question was... View More
I have an uncle in California who is actively dying and has no will or trust, no children, and we are his only living relatives. He has a bank account and CDs, but he has not expressed his wishes regarding his estate. There is no designated executor or power of attorney, nor do I have legal... View More
answered on Apr 11, 2025
If your uncle is unwilling or unable to sign a will, power of attorney, or medical directive, your options are limited. If he is unwilling to do so, you have no choice other than to abide by those wishes. If he is unable to, you can apply for guardianship/conservatorship over him to assist with... View More
I have an uncle in California who is actively dying and has no will or trust, no children, and we are his only living relatives. He has a bank account and CDs, but he has not expressed his wishes regarding his estate. There is no designated executor or power of attorney, nor do I have legal... View More
answered on Apr 11, 2025
I’m sorry to hear about your uncle’s health declining.
No one can get a power of attorney, or set up a will or trust for another person without their consent. For ethical reasons, he would need to be the person who tells the lawyer what he wants, if anything. Some people don’t want... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
An affidavit of death will not accomplish your goal. You need to record an updated certification of trust explaining that the former trustee has passed and you are now the trustee. It needs to be in recordable form of course and might also include the legal description and parcel number of the... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
Yes, you can use a document preparation service to help file the required paperwork and sell the home as trustee, as long as the situation is straightforward and there are no disputes. You are not legally required to hire an attorney, though one-time legal advice may still be helpful.
Your... View More
My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More
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answered on Apr 10, 2025
There is no easy answer to your predicament. The classic solution is to obtain a new loan to pay the taxes, but you will not be able to do that without title to the property. To obtain title you will need the help of a probate attorney. You might try calling your local legal aid society to see if... View More
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