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California Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for California on
Q: A (long time) divorced woman died intestate, how do heirs claim estate? Specifically real property?

A woman (long divorced) died, no will, trust, or direction. Survived by 1 natural child, 1 adopted, and 1 grandchild. How do her heirs claim estate?

Gina B Leguria
Gina B Leguria answered on Jul 27, 2021

The children can file a probate petition in superior court.

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1 Answer | Asked in Probate for California on
Q: My father died two weeks ago and I want to contest the will, but the administrator of the will hasn't given me a copy.

- I have No copy of the will or death certificate

- I live out of state

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 21, 2021

You can petition to be appointed Administrator of the estate alleging that he did not have a will. This is what I do occassionally for clients when there is an alleged will, but the other side wont provide a copy or a copy cannot be obtained.

After all, someone is telling you there is a...
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3 Answers | Asked in Estate Planning and Probate for California on
Q: My mother died. She left no will. I am only child. My daughter got her to sign POA. Now has taken all??

'Nana' recently died quite suddenly, and unexpectedly. I am her only child, and I have two children. From the time that we discovered she had brain tumors, to when she died, was only one week. She was very confused and disorientated. During this week, my daughter got her to sign a P.O.A.,... Read more »

Sally Bergman
Sally Bergman answered on Jul 20, 2021

My condolences for the loss of your mother. You most likely do have recourse, but you should seek the assistance of a trust and estates litigator as soon as possible. Even if the quitclaim was valid, which likely it was not, that deed would have applied only to the home and not the contents or... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Dad died & had unpaid loan . I got sued and now have a lien on my property is that legal

He used home for collateral then dide before pay it off .. the property is still in my grams name .. but I was sued for the loan he had wirh someone else now I have. Alien on my property.. he never put the property in his name it’s always been in my grandmas

Sally Bergman
Sally Bergman answered on Jul 7, 2021

If your grandmother's home is still in her name, and I'm assuming she is deceased, you must file for probate. It is the only way title to the property can pass to her heirs, typically children, then grandchildren. It's not clear when you say there's a lien on your property.... Read more »

1 Answer | Asked in Probate for California on
Q: Am I required to go through probate?

My father passed away without a will. My mother is still alive and was married to him for 53 years at time of death. They own one house together. My father loved cars and has a few in his name and my mother's name. They also had one joint checking account with less than $1000 in it.. There is... Read more »

James Edward Berge
James Edward Berge answered on Jun 28, 2021

Since your parents were married at the time of your father’s death and they owned their home together, no probate should be required, either because they owned it together as joint tenants with the right of survivorship or as community property.

2 Answers | Asked in Estate Planning and Probate for California on
Q: The trustee is discriminating against several benificaries and will not inform them of details of an accepted offer.

When I have asked to be informed, I'm denied any info other than I'll receive a settlement statement at close. The trustee is making errors and not letting anyone help. I'm a real estate Broker with knowledge. What can be done to receive information?

Jackie Marie Howard
Jackie Marie Howard answered on Jun 26, 2021

Get counsel to assist you in asserting your rights as a beneficiary. If it cannot be resolved informally, Court may be necessary to get the trustee's accounting and report, as well as, possibly remove the trustee due to breach of fiduciary duties.

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3 Answers | Asked in Estate Planning and Probate for California on
Q: A friend died recently and told me was leaving me a truck and trailer. His kids' mother rifled his room...

...and took the titles to everything. She hasnt been in his life for decades but knew his elderly mother who my friend was caring for upon his death. Do I have any recourse? I know he wanted me to have these items as we were good friends for a long time and were close until his demise. He knew his... Read more »

Julie King
Julie King answered on Jun 26, 2021

It depends on whether he left a trust or will detailing his desires. Most Americans say they will get a trust or will “someday”, but never end up doing it before passing, which leaves a mess for their loved ones to clean up. I’ve read different statistics, but somewhere around 60-70% of our... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for California on
Q: Have I been disinherited for not having a conditioned set in Trust at the time it was created or can fulfill now?

My Grandparents made their Living Trust in 1993 while my Mom and I were living in Iran. In their Trust they Place a condition that my Mom has to leave Iran and become a permanent US residence before getting equal share, further it instructs no distribution to be made to children of my Mom who are... Read more »

Julie King
Julie King answered on Jun 15, 2021

Unfortunately, the only way to answer your question is to read the trust. Taking a few lines out of a lengthy document is not enough information for lawyers to give their thoughts and impressions because certain terms will be defined in your document and using a different definition will change the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: When a Trust gets restated is the initial Trust still have power as a separate Trust?

My Grandparents made their Living Trust in 1993. In 1995 my Grandmother passes away , in 1998 my Grandfather makes some changes to Trust as a survivor and his Trust is known as Trust B while my Grandma’s is known as decedent Trust “A”. My Grandfather passed away in 2007. Trust A instructs... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jun 14, 2021

I suggest you hire an attorney to perform a detailed reading of the trust, write a description of the trust provisions, and explain the interaction between the trust components.

The information presented here is general in nature and is not intended nor should be construed as legal advice...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: What all needs to be filed to remove a trustee in CA
James Edward Berge
James Edward Berge answered on Jun 10, 2021

I'm assuming you mean an involuntary removal of a trustee. For that, you'll need to file a petition with the probate court in the county where the trustee conducts its business and prove to the court's satisfaction of the need for the removal by clear and convincing evidence of... Read more »

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1 Answer | Asked in Probate for California on
Q: How backed up is probate court to appoint somebody administrator?
James Edward Berge
James Edward Berge answered on Jun 8, 2021

It all depends on the court. The probate courts in San Francisco and Santa Clara County are not scheduling hearing dates for up to 3 months out from the filing of a petition for probate due to COVID.

2 Answers | Asked in Probate for California on
Q: My grandma recently passed without a will. Is there anyome im the sacramento area i could meet with for free advice
John B. Palley
John B. Palley answered on Jun 4, 2021

I am sorry for your loss. Happy to answer questions if you text or shoot me an email on my website Californiaprobate.info

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2 Answers | Asked in Probate for California on
Q: Who has the responsibility to file probate for a person that died without a will or trust & what if this was not done?

The husband of 8 months took over because he lived in HER house & he was able to ascertain what he could take after gaining access to her accounts. He was able to take everything (including her ashes) & he took most of it illegally. He was not named on any of her assets. He only paid her a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 3, 2021

Any interested party can open a probate case for a decedent. It does not have to be the surviving spouse. It could be an adult child or adult sibling or even surviving parent. Or a creditor. But you will find this a whole lot easier to navigate with the assistance of a probate attorney. There... Read more »

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2 Answers | Asked in Probate for California on
Q: Considering hiring a new attorney. Been waiting 4.5 yrs for a probate resolution. Does this sound out of the ordinary?

My father passed about 5 years ago without leaving a will. My brother and I hired an attorney several months later to handle probate. If I understand the laws of California correctly it would mean that the additional properties my father owned upon passing should have been divided among his spouse... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 1, 2021

Stating that your case is "caught up" in probate is a very weak explanation. Your attorney should be giving you better status updates than that. At a minimum, you should be getting copies of everything that is filed in the case, whether filed by you or somebody else (such as step... Read more »

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1 Answer | Asked in Copyright and Probate for California on
Q: Can I inherit my father's patents?

Wallace Tessmer was my father.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

Yes you can

Check his will or trust

Make sure it went through probate

Check if the patents are still active

Consult with an attorney to understand your options

3 Answers | Asked in Criminal Law, Estate Planning, Family Law, Elder Law and Probate for California on
Q: File a petition to remove Power of Attorney in California

What forms do I file a petition with the Probate Department to remove a power of attorney based on financial elder abuse? I have already contacted APS and local police, they are telling me to request the courts for the POA to hand over financial records so the POA can be removed due to the abuse.... Read more »

Sally Bergman
Sally Bergman answered on May 30, 2021

Unfortunately, this situation will likely require a conservatorship, which is a court-monitored process that can and will revoke the Power of Attorney. If the older adult had a trust in place, it's possible that a conservatorship would not be necessary. Either way, please consult an elder... Read more »

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1 Answer | Asked in Estate Planning, Probate, Contracts and Real Estate Law for California on
Q: Can a person file probate lost will claim 10 years after they used same false documents in 2011 only to fail to show up

But took all assets and disappeared. Now back with same will after i paid off house and filed in blind behind my back duing lock down virus

Julie King
Julie King answered on May 26, 2021

It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: I'm having trouble trying to find out who my San grandfather's attorney was, he passed way april 21St in San jose ca

73 when he passed

Julie King
Julie King answered on May 26, 2021

It would be easier to ask the person responsible for your grandfather's estate (trustee, executor or administrator) or another relative in your family. There is no public database of attorneys and clients, especially since the attorney-client privilege prevents lawyers from talking with a... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: My sister and I are co-executors and co-trustees for my Mom's estate. How can you get a co-executor to move forward?

My daughter and I have taken care of my Mom for the past 9 years. She lived in assisted living; however, we paid the bills, took her to dr. appointments, did her taxes and ran errands. We spent a lot of time with her. My 4 siblings would visit her maybe once a year. My siblings became upset with... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 26, 2021

My condolences for your loss. You should seek your own attorney to represent you independently of your sister co-executor. Attempting to complete administration without counsel, especially under the circumstances you are now facing, is not something that you should try.

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1 Answer | Asked in Family Law and Probate for California on
Q: I was granted guardianship in New Mexico, but have lived in California the entire time. Do I petition in NM or CA to end

I have always resided in California, does the case automatically transfer? I want to end guardianship and am not sure if I petition in New Mexico or California? Guardianship was not supposed to be this long (13 years thus far), but birth mother keeps having time added to her sentence in prison.

Jackie Marie Howard
Jackie Marie Howard answered on May 18, 2021

Jurisdiction over the case does not automatically transfer, so the court that has been overseeing the case is where you would file.

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