My grandmother recently passed away. I am now the trustee of the family trust. There are a couple of properties that didn't make it into the trust. Is there a legal procedure that can avoid probate and heggstad? My father believes this is called bequeeze or bequest.
A "bequest" is a legacy or gift handed down to someone in a will, or the act of making such a gift by will. To "bequeath" is to give personal property by will do another. They are almost synonyms of each other. Gifts made by will require probate to transfer, with some exceptions.
I've been taking care of her in her home for 10 years (Alzheimer's), and my sister wants me to inherit the remaining funds in her bank account of less than $5000 and the family home, which has a reverse mortgage on it The loan on the house is at $320,000 and the house is probably only worth about... Read more »
Since your mom’s total gross estate is valued at more than $150,000, you’ll need to probate the entire estate, including the home and the bank account. The cost of probate is at least $10,000. You really should find a probate attorney to help you through it. The existence of a reverse...Read more »
In reality, nobody is your son's personal representative unless and until he or she is appointed as such by a probate court. If the decedent had a will and it appointed the father as personal representative, some (not all) institutions might honor that. The landlord will probably be satisfied by...Read more »
my fathers friend (dated briefly years ago, never been married) filed for conservatorship and her petition was denied. She then amended the petition nominating a paid professional fiduciary to be the conservator. Is this legal? Can a person with no standing nominate someone for conservator??... Read more »
If your petition was denied, it could have been due to either of the following reasons: failure to prove the need for the conservatorship, or lack of adequate standing. A non-relative generally has no standing to request a conservatorship of another, especially if a relative wants to be the...Read more »
I lost a default judgment to A SET ASIDE because of faulty proofs of service however I have a CHANCE TO WIN BASED ON THE MERITS OF THE CASE BUT THOUGHT TO FILE A MOTION FOR SUMMARY JUDGMENT BUT AM TOLD I HAVE TO FILE A DECLARATION OF UNDISPUTED FACTS WHY ?? I AM THE PLAINTIFF AND HOW DOES ALL... Read more »
Review California Rules of Court, Rule 3.1350 - 3.1354, and Code of Civil Procedure 437c. A motion for summary judgment must include some type of evidence, which may be in the form of a declaration, that establishes for the court that there are no defenses available to the defendant and that you...Read more »
she helped raise. I am trying to find out if she had a will. My question is this...does her part of her "estate" automatically go to her husband with or without a will? She had mentioned to me that she had intended to leave her "half" of her property to my children "her only niece and nephew." I... Read more »
If she had a will, then her will governs. If she had no will then her living parent(s) inherit half of her separate property and her spouse gets the rest. If her parents are both deceased, then her siblings inherit half of her separate property and her spouse gets the rest. You should hire a...Read more »
Probate is in California. Minor is granddaughter to decedent. Son of decedent passed away. 2 other heirs--son and daughter. Daughter wants to serve as special administrator and Guardian Ad Litem. Estate to be split equally. Real and personal property--1.5 million. Want to avoid paying bond or... Read more »
You have no choice. A minor cannot inherit money or property outright, but must be represented at all times by a legal guardian who is an adult and close in degree of kinship to the minor who will manage that money for the minor under court supervision until the minor becomes an adult. A legal...Read more »
If there are no assets in California I might skip the California probate and just do the Colorado. The main issue, assuming no assets in California, is if you want to put creditors on notice in California to protect yourself from later claims. Also, I should add, I do not know Colorado law but if...Read more »
She secretly no sign no one came to look at home I suddenly got call saying I have to move I ain't greedy I don't want the money I want what my dad's wish was to save home for future generations my mom put herself on deed my dad would say I thought it was them fighting again but the way my mom... Read more »
You narrative is missing a whole lot of important facts, like whether or not your dad had a will and how the house was titled. The best way to sort this out would be to schedule a consultation with a will contest attorney in your area. This forum is for questions of a general nature. For...Read more »
My brother whom my mother ADIMENTALLY expressed he make no decisions for her was appointed. She died intestate. The judge threw out my brothers OSC for procedure in non service, however she is asking me to comply anyway. How do I respond?
Grandmother left will and testament with me her grandson put me on her bank accounts and retirements accounts. My uncle swooped in when she was diagnosed with terminal cancer and took her the same day she was diagnosed to get a will done. What should I do and what are my rights to the things she... Read more »
In general, assets that are in the form of beneficiary designations through banks and investment firms do not pass through a will or testamentary trust. You will present your ID and a certified death certificate at the financial institutions that hold the accounts.
Great uncle was feeling sick and wanted a trust put together before he died. He named nephew who lived with him as beneficiary for all accounts. Trustee was tasked with bringing trust to his financial advisor at Merrill Lynch who oversaw his accounts. All accounts were supposed to go to the trust... Read more »
This forum is for legal questions of a general nature. Your question involves specific facts and circumstances, not all of which are present in your recitation of facts. The only way you can get a definitive answer to your question is to schedule a consultation with an attorney that litigates...Read more »
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.