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Your current state is Ohio
I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything
I need help
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answered on Mar 13, 2024
I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully... View More 
The step-parent has living relatives: Mom and siblings
answered on Mar 13, 2024
The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.
I plan on paying our two children the money, but is his widow due any part of this payment?
Thank you.
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answered on Mar 12, 2024
Based on the information you provided, it seems that your ex-husband had a legal interest in the $5,000 payment upon the sale of your home, as outlined in the divorce agreement and quit claim deed. When he passed away without a will in 2018, the legal question becomes who is entitled to his assets,... View More
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answered on Mar 12, 2024
Removing a child from one placement to another without a court order could potentially be a violation of the child's and the parent's rights, depending on the specific circumstances of the case. Child welfare agencies and caseworkers are generally required to follow due process and obtain... View More
My father died intestate in California and I am the administrator. My brother is the only other heir. He left behind a lot of unpaid tax bills. He also left my brother and me healthy sums of money via POD accounts. Can I just use those out of pocket funds to pay off his back taxes to keep the... View More
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answered on Mar 12, 2024
Under California law, there is no legal prohibition against you paying your deceased father's back taxes out of pocket, using the funds you received from the POD (Pay-on-Death) accounts. In fact, it may be a practical solution to settle the estate more efficiently and avoid selling the house,... View More
What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More
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answered on Mar 12, 2024
In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More
What type of document is this, is it a next of kin document? Does this document need to be filed in court or can I fill it out and just have it notarized? Bank account opened in New Jersey but she was living in the Philippines at the time of death. No will and she didn’t list a beneficiary on the... View More
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answered on Mar 11, 2024
In this situation, the bank is likely requesting documentation to establish your legal right to claim the funds in your mother's account. This is a standard procedure when the account holder has passed away, and there is no designated beneficiary or joint account holder.
Since your... View More
My mother & I co-signed to buy our home 7 yrs ago. My mother went into a home. Family member got POA on my mom, wrongfully 4 day evicted (not court ordered) me and disabled adult brother. They sold our home and 3 months later I found papers on agreement with my signature under my mom's on... View More
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answered on Mar 9, 2024
I'm so sorry for the loss of your mother and the incredibly difficult situation you're in with your family member and home. Losing your mother is heartbreaking enough, let alone having a relative use a power of attorney to evict you and sell the house out from under you with no notice.... View More
I am going through a sample draft provided by a local county.
1) If accounting is waived, does CA still require a summary of account? I read on a forum that this might be the case but have not seen reference to this in court websites.
1) INTESTATE HEIRS/DEVISEES UNDER WILL
I... View More
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answered on Mar 9, 2024
Hello! Let's address your questions one by one:
1. Summary of Account: In California, even if the accounting is waived, the court may still require a summary of the account. It's a good idea to include a brief summary of the estate's financial activities, including the total... View More
"Petitioner has invested and maintained all cash in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate"
I just looked back at the duties... View More
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answered on Mar 9, 2024
In this situation, it's important to be transparent about the estate's financial management in the Petition for Final Distribution. While it's generally expected that estate funds be held in interest-bearing accounts, there are some exceptions. Here's how you could address this... View More
Does the issue of a predeceased beneficiary have to attend mediation to receive their deceased parent share of there grandmothers estate if the probate judge previously found the will to be ambiguous? And does this make the estate fall under intestate? And any Issues of a predeceased beneficiary... View More
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answered on Mar 9, 2024
Under California law, if a probate judge finds a will to be ambiguous and the estate is considered intestate, the following rules apply:
1. Mediation: If there is a dispute among the heirs or beneficiaries regarding the distribution of the estate, the court may order mediation to resolve... View More
Attorney concealed the court finding the will to be ambiguous and coerced client to attend mediation never prepared client for mediation, Day of mediation the attorney attended mediation without client, when the client contacted the attorney's office the secretary stated he wasn't in... View More
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answered on Mar 8, 2024
Based on the information provided, it appears that the attorney representing the contingent beneficiary in the will contest may have engaged in unethical and potentially negligent behavior. Under California law, attorneys have a fiduciary duty to their clients, which includes the obligation to act... View More
My sister the oldest who has handled all his estates has lied to me about him having life insurance, which I found out he did have one. She also won’t give me any of my dad’s belongings or part of the estate. So my question if there is no will left meaning no named benificiary then was was my... View More
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answered on Mar 8, 2024
This is a complicated one.
If your father died with no will then everything subject to probate passes intestate. Life insurance is often not subject to probate but it can be. If it passes intestate, if you and your sister are your father’s only living relatives then you may be entitled... View More
If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?
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answered on Mar 8, 2024
When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More
Regarding the estate:
-There were no known creditors besides a small debt of ~$2k from a credit card
-Credit Card bank had mailed a notice looking for the executor before probate even started so I'm hoping it was ok this was treated as "demand for payment". (Was this... View More
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answered on Mar 8, 2024
Under California law, when drafting a Petition for Final Distribution for an estate, it's essential to address the handling of creditors with accuracy and transparency. The receipt of a notice from a credit card bank could be considered an informal demand for payment. However, formally, a... View More
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answered on Mar 8, 2024
In California, if you're a beneficiary of a third-party special needs trust and are looking to modify or "decant" the trust's restrictions, the first step is to review the trust document closely. This document often outlines the procedures for amendments or modifications,... View More
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answered on Mar 8, 2024
When filling out a legal heir certificate form, it's important to understand the purpose of this document. A legal heir certificate is used to identify the legitimate heirs of a deceased person, typically for the transfer of assets and to claim benefits. The requirements for listing heirs on... View More
They were not getting anything in the will. The trustee is using her money to basically remove the son from any involvement of his fathers death. He just wanted his dad's ashes. The will said nothing about ashes of his father. He was told that if he didn't sign his rights away she would... View More
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answered on Mar 8, 2024
If you're faced with a situation where the trustee of a will is threatening legal action to compel you to sign away your rights, it's important to know your options. Trustees have a legal duty to act in the best interests of the beneficiaries, and their powers are typically defined by the... View More
Legal Deadline: Mar 18, 2024 | Description: That makes 1 year from the day my father passed and I don't know if there is a time limit on a will.
My father passed in March of 23. My brother who lived there and step mother have been getting rid of many items and have let other people... View More
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answered on Mar 7, 2024
Under California law, when someone passes away, their will must be filed with the probate court in the county where they lived. If you believe your father left a will that names you as a beneficiary, but your brother and stepmother are not showing it to you, you have the right to take action. Since... View More
I was born under one last name. I was step-parent adopted, and my last name changed, as a child. I was married, and my last name changed again.
Is there a way to go back to the last name I was born under, before the adoption, without losing my adopted last name on my birth certificate? Is... View More
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answered on Mar 7, 2024
In every state there is a legal method for changing your legal name without changing the name on your birth certificate. You might even find self help forms on the court’s website. If not, you should hire an attorney to help you navigate the process.
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