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California Probate Questions & Answers
3 Answers | Asked in Probate for California on
Q: Do we have to go through probate for just a mobile home?

My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »

James Edward Berge
James Edward Berge answered on Jan 20, 2022

I agree with Nina. It's a simple matter to collect an asset with a small estate affidavit. You can find a sample of a small estate affidavit for the bank account on the Sacramento County Superior Court website (which is good for any county in the State of California) (good instructions too,... Read more »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jan 18, 2022

I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.

The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your...
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2 Answers | Asked in Probate for California on
Q: My brother passed away without a will single never married no children both parents deceased leaving 2 siblings

He had a pension but never received it are my brother &I entitled to any of it if so how do I inquire about it

Howard E. Kane
Howard E. Kane answered on Jan 18, 2022

Most workplace and private pension schemes provide death benefits and, in the event of death, the beneficiaries should contact the pension scheme administrator for more information. Pensions are considered to sit outside of the estate, which means that when the pension holder dies, their... Read more »

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2 Answers | Asked in Federal Crimes, Legal Malpractice and Probate for California on
Q: An Attorney falsified his billing to cover up trust documents in my favor. Where should I file a complaint?
Joel Gary Selik
Joel Gary Selik answered on Jan 15, 2022

In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: Any recourse for title co. incorrectly reported legal desc and forcing another delay in closing escrow? Loan was funded.

I'm trying to close escrow on a probate property in LA county, CA. After 2 yrs of court proceedings, the surviving siblings were awarded equal shares of the pending sale by the court. My loan was approved and funded and then title company comes back and say that they messed up and originally... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2022

It is doubtful that any cause of action exists as title companies do not represent anyone. It is totally different when you hire an attorney, which is what anyone should do if transacting in real property. Sometimes Negligent Misrepresentation is possible, but very doubtful. Consult with a CA... Read more »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: I am the trustee on my grandparents living trust. Who are their beneficiaries?

I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »

Howard E. Kane
Howard E. Kane answered on Jan 10, 2022

I'm sorry to hear about your mom's passing. I recommend that you have an attorney review the estate planning documents to help you understand the content. Due to COVID, it may be best to scan the documents so that they can be emailed to an attorney for review. It is also a good idea to... Read more »

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1 Answer | Asked in Family Law and Probate for California on
Q: My uncle died in ca no will no spouse no children parents dead. He has 3 siblings but only 1 is alive. R niece an hier

child of deceased sibling

Howard E. Kane
Howard E. Kane answered on Jan 5, 2022

Yes, the children of your uncle's deceased siblings stand to inherit. The surviving sibling will receive 1/3 of the estate. The children of the first sibling to die will inherit 1/3 of the estate in equal shares. The children of the second sibling to die will likewise inherit 1/3 of the... Read more »

1 Answer | Asked in Probate for California on
Q: Do I need a probate bond waiver from my fathers sister?

My father died intestate. He has 4 children including myself. Do I need to request a bond waiver from everyone including his sisters and grandchildren? Or just his children?

Howard E. Kane
Howard E. Kane answered on Jan 4, 2022

A bond waiver is only necessary for those who stand to inherit. Under intestate succession, this should be limited to his children and possibly grandchildren if any of his children are deceased. Keep in mind that if the administrator lives out of state, the judge will most likely require a... Read more »

1 Answer | Asked in Estate Planning, Contracts, Banking and Probate for California on
Q: Co-admin of intestate estate removed CA PROB §8500, is estate still liable for assignment of beneficial interest?

My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »

Julie King
Julie King answered on Dec 30, 2021

Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many... Read more »

4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If a home is left to me would I still have to go through probate if the owner had put me on the deed? Thank you,
Sally Bergman
Sally Bergman answered on Dec 26, 2021

If you hold title with the owner as "joint tenants", no probate would be required. If title is held as tenants in common, half of the property would have to be probated.

However, adding an individual's name to real property is typically a very bad idea and has adverse...
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1 Answer | Asked in Probate for California on
Q: Does the administrator of the estate have to ask the court's promission if my daughter would like to get an advance on

her inheritance? The probate is going on now for years and it will go on for another year. Does the other members of the probate need to be notified of this request? The probate is in Los Angeles County. I am trying to save our inherited home from the same probate.

Bill Sweeney
Bill Sweeney answered on Dec 24, 2021

A petition for preliminary distribution under Probate Code Section 16200, 11602, and 11620 may be filed by any interested person - they must be able to show a direct pecuniary interest in the distribution.

Authorization to make a preliminary distribution is obtained by filing a noticed...
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Q: I am a claimant in a probate case. I never received my money.

case is out of los angeles, stanley mosk.

I live in San Diego

Dale S. Gribow
Dale S. Gribow answered on Dec 23, 2021

somehow your missive came up in criminal law section in Palm Springs

4 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Collections and Probate for California on
Q: I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k
Yelena Gurevich
Yelena Gurevich answered on Dec 23, 2021

Use a find a lawyer feature and look for cole room attorneys.

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: After filing an affidavit of death of joint tennant,DOES A WIFE NEED TO FILE A NEW DEED AS GRANTOR AND GRANTEE?
D. Steven Yahnian
D. Steven Yahnian answered on Dec 6, 2021

No. The recording of the affidavit of death of Joint tenant is the same as a deed from the deceased spouse to the surviving spouse. No further deed is necessary unless the spouse creates a living trust and then transfers title to the property to that new living trust.

The same rule applies...
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2 Answers | Asked in Criminal Law and Probate for California on
Q: I'm on probation in californnia, to what extent am I (or persons on probation in general) under surveillance?

For example, is it normal for persons on probation to be followed physically, what about monitoring electronic communications at the home? would it for example be in scope to use some kind of exploits or other attacks? I'm wondering what is the normal level of surveillance for someone on... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Dec 3, 2021

The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: I live in Calif. My husband and I arre jopmt tennants on a deed. He passed away, Am I his successor or do I need probat

The value of the property is under 300 K.

Julie King
Julie King answered on Dec 2, 2021

You do not need to probate the estate due to the house, but you may need to probate his estate IF (1) he did not have a trust and the value of his probatable assets is $166,250 or higher; or (2) if the value of his probatable assets are less than $166,250. There isn't enough information in... Read more »

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1 Answer | Asked in Probate for California on
Q: I’m 1 of 6 beneficiaries to my father’s Trust. Case in OC Cal. Trustee has representation. Should I get rep in OC?

I live in Salinas, CA. The trust contains several properties, 6 non-trust bank accts, and an IRA. I’m listed as a 10% beneficiary. Father passed 8/31/21. I have copy of Trust. The trustee’s attorney characterizes situation as “messy”. Thank you.

Nina Whitehurst
Nina Whitehurst answered on Nov 28, 2021

Can you imagine any attorney asserting your question, “No, you don’t need an attorney. You’ll be fine.”?

You need an attorney to protect your interests. W have all heard of trustees gone rogue. And there have been rogue attorneys too. You need your own attorney to keep them Iine.

1 Answer | Asked in Probate for California on
Q: Requesting information about being a non-spousal beneficiary on the life insurance plan of my deceased ex-partner.

Resolved.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Nov 19, 2021

This is the type of detailed information you should not be posting on the Internet. Just by way of example, assume you have a right to both, but there is strong possibility one or more relatives may file suit. One good outcome would be to disclaim the 401K in exchange for a release for all claims... Read more »

2 Answers | Asked in Car Accidents, Civil Rights and Probate for California on
Q: Hello I need help with a civil law suit but I need a lawyer that does pro Bono work I can't afford a lawyer

I was at work when my car was hit by a parked car the driver stated he was going 40 mph fell a sleep at the wheel woke up hit a parked car behind me then the car behind me hit me from behind and I hit the car in front of me from behind I just found out my car is a total loss and the was my only... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2021

Sorry to hear that you are in this situation. Without a personal injury of some kind, few personal injury/property damage attorneys will assist you on a contingent fee because the claim has too little money involved. But that is not the end of the story. You can file for yourself in Small Claims... Read more »

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1 Answer | Asked in Family Law and Probate for California on
Q: Mom passed away, no will, im the only child. She owns no real estate (was living in an apartment building owned by

my grandmother). Am i entitled to all her personal property? A house full of stuff & storage units.

My aunt & uncle are changing locks, telling me im not allowed over & threatening to have me arrested if i do. Can they do this, change locks & not allow me my mothers... Read more »

Howard E. Kane
Howard E. Kane answered on Nov 12, 2021

I'm sorry to hear about your mom's passing. Assuming no will is located, then the laws of intestate succession in California dictate that you are her only heir, and you are entitled to her property. If your relatives are making this difficult, then a probate case may need to be opened... Read more »

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