The key is getting started! Get that ball rolling by filing the initial petition. We usually have the initial documents ready the same day and can be on file in most counties in California within two business days. Feel free to reach out if you want to discuss the particulars.
If you hold title to the property as tenants in common (both of your names are on the deed), then both of you have the equal right to the use and possession of the property absent an agreement between the two of you to the contrary. But if this is trust owned property and your brother is trustee...Read more »
He owns those 7 vacant lands ( all in California) with his siblings and was 50% owner of each. These lands’ values vary from $20k to $500k. I know these lands will have to go to probate , however, can my mother file a small estate affidavit for his bank account ( only has about $30k)?
The small estate affidavit involves ALL assets outside of trust or that would otherwise be subject to probate. So if there are other assets that would be subject to probate that make the total value above $166,250.00, then a small estate affidavit would not work
Her brother died of Covid on January 19th. My wife then died of Covid 4 days later. What happens to the 401k account? Her brother had a daughter, but she wasn't listed as a beneficiary. Does the 401k pass to the daughter, or does it go to my wife's estate?
A Will or a Trust normally has provisions regarding this sort of situation, but unless the 401K administrator had the brother sign something unusual, then the money would still go to the estate of your wife. But check with the administrator.
I want to file a Request For Special Notice (Form DE-154) for a probate case in Los Angeles, California. I'm confused about statement #1 in the Proof Of Service By Mail part. It says "1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county... Read more »
No, your husband is not a party to the cause if he’s not a beneficiary or an heir to the estate, or otherwise has an interest in the outcome of the case. Marriage by itself does not make him a party to the cause. However, that being said, you would be advised to find an independent person in...Read more »
After he moved or died. He sold their home, bought another and died in 10/20 leaving all to his daughter. Do I have a remedy to collect my aunts share of CP left to me in her Will from his estate ? they had no kids together and a 30 + year marriage. He created a Trust after her death but didn’t... Read more »
As of the date of your Aunt's death, you own her 1/2 of the community property, subject to her spouse's right to live there. At surviving husband's death you should have received your Aunt's remaining 1/2 of the community property. She can only give away her 1/2 of the...Read more »
All original Wills get lodged (filed) with the Court separately from the Petition. Only original Wills, not certified Wills or copies of Wills. Once lodged, your Petition can reference the date of the filing with the Court.
There is no penalty for the late filing of the Will. However, if...Read more »
My father passed away in October, 2020. He is a resident in Santa Barbara County. I have a probate case filed with probate branch in Santa Barbara County. I received a Homeowner Exemption termination Notice from county assessor's office. I live in Texas. I would like to know which option... Read more »
Since your father passed away before 2/15/2021, you should qualify for the parent to child reassessment exemption under California Prop 13/58 regardless of whether this is your principal residence, a second home, rental home, or commercial property. The homeowner exemption merely reduces your...Read more »
Not necessarily. If title to real property is involved, an affidavit of death may have been filed with the county recorder to change title. It will not give you the specific language/ contents of the trust, however.
I honestly do not trust her not to try and pull something so her kids get it all so I am just curious. She doesn’t tell me anything and I have not seen any paperwork. I was just told by them years ago before my father passed away.
My mom asked each on of my brothers and sisters if we wanted to give our kids any shares of ours in the trust, before she passed away in 2003 I said yes so each one of my kids receive 25 % each month. My son I want to remove him from getting another penny out of my share he doesn't deserve it... Read more »
Yes. It would be wise to consult with an experienced estate planning attorney, who would be able to advise you thoroughly, regarding the procedure and ramifications of omitting your son from your Estate.
My dad died a couple years ago and I just found out he had a trust set up before he died that names me a beneficiary but my stepmom won't give me a copy or tell me anything about it. She has already sold off a lot of his things and I just discovered she sold their home and moved across the... Read more »
Yes, you’re entitled to a copy of the trust agreement. Google search California Probate Code section 16061.7 to see what you’re entitled to. Make sure the trustee is aware of this code section. Failure to abide by this rule could result in suspension of her powers, and her removal as...Read more »
The amount was $300 and I used it the same day I transferred it. I bought myself something with that money and now he is trying to say the item is his since the money (did not originally) came out of his bank account.
Have letter from bank specifically declining CA Affidavit for collection of personal property, probate code section 13100-13116. Stating they require: "a certified copy of the court document appointing you as person representative, executor, or other like fiduciary of the estate of the... Read more »
If the bank account has no beneficiary listed, and no co-owner, then it is part of the estate, so the estate value is not zero. Being in a bank out of state does not remove it from the estate. Not sure why you don't know the value. Do you not have access to her mail/bank statements? If you...Read more »
If you were appointed by the court to handle the estate or, if you were to file a petition to determine success to real property, and discover that an asset listed in the Will turned out to be a non-probate asset, wouldn't you leave that out of the Inventory and Appraisal forms since they only... Read more »
Yes, if you were appointed to be the executor of an estate, you would omit any assets from the estate inventory that pass by some other means, such as by right of survivorship or by beneficiary designation or by spousal property petition. You’re not eligible to file a petition to determine...Read more »
For the purpose of getting a certified death certificate, am I legally allowed to request it? She had other children who don't talk to me so I cannot ask them for it. I need a certified death certificate in order to evict those very children from my property.
You should be able to get a death certificate from the County Clerk’s office. Go to the website of the Clerk’s office for the county in which she lived if she was a California resident. (If she was not a resident of California, but died in California, then you would check the county in which...Read more »
A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at... Read more »
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