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California Probate Questions & Answers
2 Answers | Asked in Civil Rights and Probate for California on
Q: I need help retrieving my husbands personal items from room he was renting at the time of his death.

His roommate refuses to give me his things. I sent an affidavit for collection of personal property along with his death certificate to property manager but they said it was between the roommate and myself. I need to know what paperwork i need to file to proceed in getting my husbands things.

Howard E. Kane
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Howard E. Kane
answered on Feb 12, 2025

I'm sorry to hear about your husband passing. The affidavit is the proper document to use unless your husband had a larger estate and then a probate petition should be filed with the court. You may want to have a friendly police officer assist you with speaking with the roommate and... View More

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2 Answers | Asked in Probate for California on
Q: I. Filed as creditor against a probate and was denied without explanation.how and what do I file now?

I have over 12500.00 in unpaid wages I have been waiting over 3yrs.in the labor board and just found out she passed this passed year.

Howard E. Kane
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Howard E. Kane
answered on Feb 11, 2025

I'm sorry to hear that your creditor claim was denied. A claim must be filed before the LATER of (a) four months after the date letters of administration were issued to the personal representative, or (b) sixty days after the date the Notice of Administration was given to the creditor. Once... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: I'm just looking to see if ever had a trust or inhearitance from my father I was never notified

it would be from 1996 or 97

Julie King
Julie King
answered on Feb 4, 2025

There is no way to know if you were entitled to an inheritance if your relative had a trust because trusts are not filed anywhere unless there is a claim brought, in which case there would be a Petition (think, "lawsuit") filed with the local Probate Court. Wills, however, are supposed to... View More

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3 Answers | Asked in Family Law, Landlord - Tenant and Probate for California on
Q: My brother passed away this week in his Apartment. I want to get access to his apt. to retrieve personal items.

What are my rights? He did not have a will

Ravi Patel
Ravi Patel
answered on Feb 1, 2025

I am sorry for your loss.

Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.

If you are...
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2 Answers | Asked in Probate for California on
Q: Can an attorney alter information on a petition filed with the court to achieve a certain result?

My mother died intestate with a large estate. My sister, who resided with her as a recluse and a dependent under her care for more than thirty years filed, pro per, for estate administration whereas my attorney filed for a private fiduciary. The court appointed her provisionally with the... View More

Ravi Patel
Ravi Patel
answered on Jan 30, 2025

If your sister gave proper notice of her amended DE-111, it is certainly possible to alter the information from the original petition. Presumably, you would have had notice of the hearing on that amended petition and an opportunity to raise an objection.

If you believe that the...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: My father passed in April 2024, he had no assets at time of death, am i responsible for his debt?

No owned property, my father had a mobile home titled through CA DMV which transferred to myself on the Title after his passing. He had no vehicles, no assets. I have contacted all of his creditors there will be no probate, and no assets to collect from. One creditor filed form DE-172 and mailed... View More

Julie King
Julie King
answered on Jan 24, 2025

When someone passes away, all debts must be paid and final tax returns filed BEFORE anyone can inherit the deceased person’s assets. There are a few exceptions to this rule, such as assets titled in joint tenancy, but I wouldn’t know if any of the exceptions apply because there isn’t enough... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My grandfather passed away in late 2023 and although he had a will, it doesn’t appear it was filled.

My father and aunt were named as getting his house. My dad has been living in it. He just passed recently himself and we are trying to figure out if my grandpas will needs to be filled, should be filled, and ultimately what happens to the house.

James Clifton
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James Clifton
answered on Jan 22, 2025

What happens to the house depends on a few factors. First, the way in which the deed was drafted may have an effect on the ownership of the house. If any other individuals were listed as joint tenants with right of survivorship or as tenants in common, then the property may pass wholly or partly to... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Are expenses made to repair trust properties, made at the trustees expense?

There are 5 beneficiaries including myself. Her properties were left to me and the funds in her accounts will be split 5 ways. The attorney has not been much help to me and rarely gets back to me. He advised me to make necessary repairs in the beginning as the properties are rentals and in very,... View More

Ravi Patel
Ravi Patel
answered on Jan 30, 2025

I am sorry to hear you are in this situation. Many trustees are left in untenable financial situations without clear options, and you are not the first successor trustee to consider using their own funds to cover trust expenses.

The trusts expenses are absolutely not your personal...
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2 Answers | Asked in Probate for California on
Q: I want to petition the court for both my brother to be assigned a successor trustee over my grandmother's living trust.

I understand that California allows individuals to represent themselves, and I would like to do so in my case. Could you please guide me on where to find the form to petition the Superior Court to be appointed as successor trustees without incurring significant costs? My family and I have been back... View More

Ravi Patel
Ravi Patel
answered on Jan 23, 2025

There are no particular forms to accomplish the goal of being appointed as successor trustee.

You need to start with the terms of the trust. If there is a current trustee, they generally have a right to serve absent a court order removing them or incapacity. Some trusts allow a trustee to...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: I pay mortgage in my deceased parents home for years. Can my sister kick me out if she says she's the executor? No will

She says there's no will & she tells me to be out so she can sell it. I'm located in Hemet CA

.

James Clifton
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James Clifton
answered on Dec 23, 2024

If there is no will, she definitely isn't an executor as an executor is only appointed through a will. If she is the court appointed estate representative of your deceased parent's estate, she can only remove you with a court order. At some point in time, she can can remove you though and... View More

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2 Answers | Asked in Probate and Real Estate Law for California on
Q: Hello, I just inherited property with a mortgage through probate. The decedent was my aunt.

I inherited the property as equally shared between my mom (decedent's sister), my sibling, and I. From prior research, I thought we would have to "assume" the mortgage, but now I see that we could be "successors of interest"? Would we be able to stay as... View More

Nina Whitehurst
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answered on Dec 13, 2024

IF THIS IS A HOME, pursuant to the Garn-St. Germain Act, the lender cannot call the loan due solely because the borrower died and relatives now own the home. But the lender can foreclose if the payments are past due.

Pursuant to other federal regulations, none of the inheritors must...
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3 Answers | Asked in Estate Planning and Probate for California on
Q: Distribution of funds

My aunt passed away recently. Not rushing for the money, just have been told so many different things/answers. Will her estate be distributed between living siblings only or will funds be distributed to deceased siblings via their children, as well? Everything is in California, There is no trust,... View More

Julie King
Julie King
answered on Dec 10, 2024

Lawyers would need a lot more information before they could answer to your question. For example:

* Did your aunt live in California? [Laws are different in different states.]

* Did your aunt have a Trust?

* Did she have a Will?

* What is the dollar...
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2 Answers | Asked in Family Law and Probate for California on
Q: My eldest brother, DPOA of my father and successor trustee, bought home which was in Trust via a living estate-Legal?

He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 23, 2024

If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More

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3 Answers | Asked in Probate for California on
Q: If you file a Petition for probate court, how long does a respondent have to file an answer?
James Clifton
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James Clifton
answered on Nov 21, 2024

After filing the probate petition, you need to have all interested parties served with a copy of the petition or sign a waiver of service. After the petition has been served, the respondent has 30 days to file an objection or other response. If no objection is received, you may proceed with your... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: My mother passed 7/4/24 what can I do when the executor of the trust refuses to give me a copy of the trust

my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More

Julie King
Julie King
answered on Nov 14, 2024

Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Lender added me on the deed as trustee along with my mother on my mother’s trust and on the loan as a co-borrower.

I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.

Julie King
Julie King
answered on Oct 30, 2024

No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Would it be best to let it go through probate as I'm the only child? Thanks for the advice.

Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More

Julie King
Julie King
answered on Oct 30, 2024

Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Was contacted by a private detective relating to about my late Dad /?Aunt estate/ to contact the attorney

I called a private detective he referred me to an attorney that needed to prove that I was my dad‘s daughter. I sent her proof and then she referred me to another attorney since a client already hired her in the matter she did not enclosed any kind of information so I contacted this attorney, and... View More

James Clifton
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James Clifton
answered on Oct 30, 2024

It sounds like you are a surviving heir to the estate of your aunt and may be entitled to notice of the probate proceed and potentially compensation. Due to the death of your father, this has become more complicated and involves you and your siblings, if you have any. You may be entitled to some... View More

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2 Answers | Asked in Real Estate Law and Probate for California on
Q: Can a grant deed that will be filed in California be notarized in Oregon?

Real property will be transferred via probate. Executor currently has work in Oregon so we would like to know if it can be done this way for convenience. Thank you!

Nina Whitehurst
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answered on Oct 25, 2024

Yes, a deed can be notarized anywhere is the US (notarizing outside the US is more complicated) and then recorded in California. But California will (wrongfully in my opinion) insist on the use of the California statutory notarial affidavit. The trick is finding an out of state notary who knows how... View More

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