Lawyers, Answer Questions  & Get Points Log In

California Probate Questions & Answers

1 Answer | Asked in Estate Planning, Foreclosure and Probate for California on

Q: Wells Fargo Bank foreclosed and sold a property after the owner died. Can they do that without waiting for a probate ?

After the owner died the caretaker stayed living in the house. Caretaker changed all locks and changed phone number. After the house got sold by bank the caretaker received money to move out and she took decendants personal belongings, valuables and all furniture with no accountability. Caretaker... Read more »

Kenneth Sisco answered on Jun 15, 2019

Few things happen automatically, without someone putting things in motion. Most likely, Wells Fargo did everything required of them by the law and the Trust Deed under which the home was sold. It is up to an heir, a friend, or even a creditor to open a probate if they have some interest is doing... Read more »

1 Answer | Asked in Probate for California on

Q: How do you "quiet title" and why or what is this good for? -going thru probate in los angeles

James Edward Berge answered on Jun 14, 2019

To quiet title, you file a petition in the probate court to determine the true ownership of property and to remove title defects. The procedure is typically used when record title is incorrect and does not reflect the actual ownership of property. The statutory authority for the procedure can be... Read more »

1 Answer | Asked in Real Estate Law and Probate for California on

Q: It has been 2 years since my mother died and I did not object to my brother being administrator. He is living in the

house collecting $1,200 a month from renters in the duplex. What can I do in NYC to get this house sold. The market is good and the house is at $700,000. Two years ago it was appraised for $580,000. Can I resubmit a new appraisal to probate court as an heir

Ben F Meek III answered on Jun 12, 2019

If you are an heir to your father's estate, you can probably force a sale of the property or for your brother to buy you out. It's a remedy called "partition", which is the right of a co-owner to get the value of his interest and get separated from his co-owners. You can probably force a... Read more »

1 Answer | Asked in Probate for California on

Q: Can my boyfriend get charge with manufacturing a controlled substance

They raided his house at 9am today he wasn't there but they said in his room they found a glass tube with weed and some plates and tube with wax residue also empty cans of butane in the back yard so they say they can use this cans

Richard Samuel Price answered on Jun 11, 2019

Your question was posted in Probate, but I you'll have to repost your question in Probation if you want a criminal law attorney to respond to your question.

2 Answers | Asked in Probate for California on

Q: Property in probate can everyone sign their right to one person if they want nothing to do with the property?

My grandfather passed away now the property is in probate the court have assigned a administrator which is my aunt. If all the heirs decide they do not want any thing to do with the property and want to sign their rights to just one heirs is that possible? My mom is one of this heirs they want to... Read more »

John B. Palley answered on Jun 9, 2019

This can be done by assignment in most cases and generally is not a problem at all. There can, theoretically, be gift tax consequences so one should always talk to a lawyer to confirm that is not a problem. Also, in some cases a disclaimer will work which likely does not have tax consequences but... Read more »

View More Answers

1 Answer | Asked in Probate for California on

Q: Is the former trustee's attorney obligated to modify an order that contains mistakes?

The newly appointed trustee of my late mom's trust is unable to open a trust bank account because the order prepared by the attorney for the former trustee names the newly appointed trustee incorrectly (correct last name but incorrect first name) and the check is made out to the newly appointed... Read more »

John B. Palley answered on Jun 7, 2019

This is unfortunate but it's probably cheaper to file for an amended order than it is to try to compel the other attorney to do it. I would just have the current trustee's attorney get it done. Beyond that, however, I would try multiple banks first. Usually there is a bank that will be friendly. I... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Elder Law and Probate for California on

Q: An attorney and appointed trustees who had accepted the trusteeship had my disabled mother

I need a financial elder abuse litigator for elder abuse against my mother and against me. Case involves a large estate over $20 million.

Richard Samuel Price answered on Jun 1, 2019

The best thing for you to do is to all come local attorneys and get some advice about your case. You can contact your local bar association for a referral to an elder abuse attorney.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on

Q: Can a court judgement be vacated later if it was determined that all of the witnesses and the lawyer lied in court?

There was a court trial back in 2006 about a property that was gifted to a beneficiary. The other siblings filed in probate court to have the property returned to the trust and won. Later it was determined that the siblings that filed the petition lied in their testimony to the settlor on the... Read more »

Richard Samuel Price answered on May 31, 2019

Why did you wait 13 years?!?! Any statute of limitations or right to appeal is expired.

1 Answer | Asked in Probate for California on

Q: Is this a conflict of interest? In 2009 my brother was named executor of my parent’s estate. He hired a probate lawyer.

Now, my brother has passed. A person is trying to take my brother’s whole estate. The opposing counsel is the same lawyer my brother hired for my parent’s estate. My parent’s estate and my brother’s estate are combined. Would this be a reason to request this attorney be taken off the case?

Richard Samuel Price answered on May 31, 2019

These are different estates with different heirs or beneficiaries. There isn't a conflict of interest.

1 Answer | Asked in Probate for California on

Q: why didn't the judge consider any of our objections?

in an estate, we signed a waiver of bond, my stepfather's half brother was appointed administrator, during the probate, my sister and i researched my mother's assets. she owned her own business before she married my stepfather of 28 years. she passed in 2002 with a holographic will, 4 children, my... Read more »

Richard Samuel Price answered on May 31, 2019

A lot of things could have happened. The account could have had a beneficiary named. Or it could be in the name of a trust. Or it could have been a joint account with another person. You should talk with your attorney until you have a satisfactory answer.

2 Answers | Asked in Probate for California on

Q: Im tired of trying to do this probate! I give up Can somebody help please Its out of LA Cali dept 11

Im Admin i want to finish this

John B. Palley answered on May 30, 2019

I’d like to discuss your case to see if I can help. 888-920-5983

View More Answers

1 Answer | Asked in Probate for California on

Q: my brother passed away with three or 4 vehicles and a bank account. how can I access this to pay for funeral expenses?

he was basically homeless living in his van or one of his cars. he owned two camero's Iroc-z (torn up inside but one runs one is registered in his name the other he never registered and I have no clue who he bought it from), a van (that some broke into and trashed, again not registered and no pink... Read more »

John B. Palley answered on May 28, 2019

I am sorry for your loss. It sounds like a small estate case (under $150,000) and thus utilizing small estate affidavits is best. Unfortunately you don't get access to the bank or cars until 40 days after death. This all assumes you are not named as beneficiary/POD and/or co/joint owner on the bank... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on

Q: Mom's home appraised 7 mo. Prior to her passing. Since appraisal 5 homes have sold in immediate area sold for far more.

Is executor of will responsible for having appraised again due to fair market value has gone up?

John B. Palley answered on May 27, 2019

If In probate a date of death appraisal by the probate referee is required. If the case is not in probate a date of death appraisal is highly recommended but in certain cases can be avoided. Beyond that there are a lot of issues that an attorney will advise the executor or trustee on. I would... Read more »

1 Answer | Asked in Probate for California on

Q: Im the Administrator in Calif.probate I want to know which form do i use to Order that I inherit everything & close?

Im tired of this court stuff. I want to tell the judge that she can grant all the cash to me and we can end this already. There is one petitioner, if he has a problem with my decision he can file the necessary forms/objections and we go from there.

Gerald Barry Dorfman answered on May 22, 2019

There is no form for what you want to do. If you want to petition for an order of distribution, you will have to do so, following all the court rules regarding pleadings. The way to save probate attorney fees is to do estate planning in advance. Once probate is necessary, doing it without an... Read more »

1 Answer | Asked in Probate for California on

Q: I hired an attorney for my probate case the only living sibling her sister did not want anything to do with the estate s

Richard Samuel Price answered on May 16, 2019

Your question got cut off. I would suggest that you post your question again.

1 Answer | Asked in Probate for California on

Q: Probate law

I believe my brother presented a false holographic will on my sisters estate however it was settled seven years ago. Since I would be claiming he defrauded the Probate court has the statue of limitations for bringing an action expired?

Richard Samuel Price answered on May 16, 2019

Yes, the time period to appeal the court decision or ask the court to set aside the judgment has passed.

1 Answer | Asked in Probate for California on

Q: Does she need a will? And will we have to evict non paying renters?

I live out of state. Mom lives in California. Dad lives out of state. My Dad walked out on my Mom 10 yrs ago. He has not helped her financially at all since he left. She put 2 of their 3 children on the deed to the house. Do we have to probate the house and her belongings? She has two very old... Read more »

Richard Samuel Price answered on May 16, 2019

The probate of the house depends on how title is held. With joint tenancy, a probate matter is not required if the other joint tenants survive her. With a tenancy in common, you would need some probate matter to transfer her interest to her heirs. It's always a good idea to have an estate plan.

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Probate for California on

Q: My mother passed away and the executer / same sex partner took away what was supposed to go to me and my sister, (a

Quarter of a miillion in stocks and a nice mobile home that after executer/ domestic partner passes away gets sold split between her two sons and me and my sister (which executer sold and gave us none of us nothing) we Trusted her ,(my mom will said if anyone trys to change my will gets nothing,... Read more »

Richard Samuel Price answered on May 16, 2019

Unfortunately, your facts doen't lend themselves to an easy answer in this format.

You'll have to call a local attorney for an appointment and bring your documents for a full consultation.

1 Answer | Asked in Probate for California on

Q: Can i use the probate code 850 even if there is no will and no trust and its to exclude asset not to add into estate?

Richard Samuel Price answered on May 16, 2019

Yes, you can use Probate Code §850 to exclude assets from an estate or trust. It doesn't matter whether there is or isn't a will or trust.

2 Answers | Asked in Probate for California on

Q: We filed a petition already. Judge continued it due to a few problems. Will named 2 executors, both died years ago.

Judge wants a declination to serve. How is this possible?

John B. Palley answered on May 14, 2019

Is there a 3rd named in the will? If not, I would think signing a declaration that the other two have died should be sufficient. Shouldn't need to prove with death certificates I wouldn't think. Your petition should then be a petition for probate of a will with will annexed, seeking appointment of... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.