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I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA
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answered on Jan 30, 2024
In situations where a person was owed court-ordered restitution and passes away before receiving it, the right to collect the restitution typically passes to their estate. As the only living child and with a notarized last will and testament, you likely have a claim to this restitution as part of... View More 
I am her only living child. She was not married. I posses a notarized last will and Test. And a DPOA
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answered on Jan 30, 2024
As the only living child of your mother who was entitled to receive court-ordered restitution, you may have the right to collect this restitution after her passing. Since you possess a notarized last will and testament, along with a Durable Power of Attorney (DPOA), these documents will likely play... View More
My sister is trustee of the trust, I have not seen the trust but I know about it because my mother told me. My sister and I don’t talk, but she has not performed her duties in distributing the trust
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answered on Jan 29, 2024
Under California law, as a beneficiary of a trust, you have certain rights when it comes to the administration of the trust. If the trustee, in this case, your sister, is not fulfilling her responsibilities, there are steps you can take to address this issue.
First, you have the right to... View More
in the will. I refused until he can give me confirmation that my sister will give me the items. Now the atty is threatening a hearing.
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answered on Jan 29, 2024
Don't sign anything before receiving your inheritance and understanding your rights. Seek legal advice from a separate probate attorney in Nevada. They can explain your rights, clarify the document and pressure tactics, and advise on next steps like requesting clarification, expressing... View More
I just need to know how this request should be submitted. Do I submit it as a Petition to the court as part of the Accounting? This method would avoid any filing fees. If not, how do I proceed? Also, do I need to submit a proposed order, as well? Thanks in advance for any help
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answered on Jan 29, 2024
In California, if a probate judge has indicated a willingness to consider dismissing a sanction fee in a conservatorship case, you should proceed by submitting a formal request to the court. This can typically be done through a written petition or motion.
If you are already submitting an... View More
I have been the POA and guardian for nearly 10 years. Right before his death other family members blocked my phone calls to him. I was not notified of his death and a month afterwards I found his obituary. When I went to the county records office I was notified he had sold his property a month... View More
answered on Jan 29, 2024
If you have been the guardian of your grandfather and his estate for that long, the court that appointed you 10 years ago must have determined that your grandfather was incapacitated and that a guardianship is necessary. Your grandfather's incapacity probably provides a valid basis to set... View More
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 31, 2024
There are several questions that you have posed. The answer to each one is outlined below.
Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to... View More
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 29, 2024
You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More
My mother passed last week with no will. She has only a couple bank accounts and probably a small storage unit with personal items. There is a CD with me and my sister as the beneficiaries. So, the money in the accounts that does not list us is less than 50K, probably. There are no other... View More
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answered on Jan 29, 2024
In California, if your mother's estate is relatively small and consists mainly of personal property and bank accounts, you might be able to avoid formal probate. California law allows for a simplified process for transferring small estates valued at $166,250 or less.
Since the amount... View More
If the someone where driving the dead person care even before they died with their permission must they give the car back immediately because the car must be sold
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answered on Jan 30, 2024
If a will is not filed for probate, it means nothing. If no will then the decedent's next of kin own the car. Call your motor vehicle department to see how the kin can have a title issued to them. The next of kin can also call LEOs about the car theft, but their standing is not really... View More
If the someone where driving the dead person care even before they died with their permission must they give the car back immediately because the car must be sold
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answered on Jan 29, 2024
When someone contests a will outside of legal channels, it can lead to family disputes and potential legal complications. If you're involved in such a situation, it's important to understand the potential consequences and the importance of addressing will disputes through the proper legal... View More
We are being sued in probate court for a property that was left to us through a ladybird deed. We desperately need an attorney that understands the difference between a ladybird deed and a transfer on death deed.
answered on Jan 29, 2024
A TODD and a "ladybird" deed are very similar with three important differences. 1) A TODD does not provide a warranty of title, whereas a labybird can; 2) a TODD can only be signed by the actual owner and not by an agent acting under a POA; and 3) only the owner can retain a life estate... View More
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answered on Jan 28, 2024
Yes, you should hire a Dallas probate attorney as soon as possible. At a minimum, a probate attorney could research the probate court's records and then make recommendations to you for how to proceed.
If your father had a valid last will and testament, it's possible he gave... View More
It's her and her oldest kids that think everything is theirs
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answered on Jan 28, 2024
If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More
The amount resting with the State of Ca is about $12-15K. It is a combination of Family Trust, Life insurance and stock dividends. How do I make my sister - the executor-deal with this. I have tried and tried to get her to do something, offered to help etc but she kept saying she "would get to... View More
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answered on Jan 27, 2024
Under California law, if assets from a Family Trust have escheated to the state, you can reclaim them through the State Controller's Office. This process involves filing a claim form, which requires proof of your entitlement to these assets. The form and guidance can be found on the California... View More
My mother passed away in October. I've been working with an attorney to settle her estate: me and the other heir's signed renunciation papers. I live in another state, and the others are unable to settle the estate.
answered on Jan 27, 2024
Admitting a Will and having a named personal representative (Executor/Executrix) appointed is a pretty simple matter, in most cases, although a personal appearance by the personal representative at the Probate Clerk's office is usually required, to be sworn in.
That can happen where... View More
The elective inclusion of “Heirs,”included in sale and assignment forever:
1. What type of ownership does this deed provide and to whom?
2. Ownership interest in home, at sale, and upon grantee’s death? Does title pass to heir automatically? Etcetera??
3. If this... View More
answered on Jan 26, 2024
1. Title is in the grantee (the "single childless man").
2. No, heirs would be whoever he sells ("assigns") it to, or, if he still owns it at the time of his death, whoever is named in his will or to whoever would inherit under the "intestacy" laws, if he... View More
The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?
answered on Jan 29, 2024
I am very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. You will need and want to contact a Florida Probate Attorney, based on the type of assets and the overall value will determine the type of probated that... View More
The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?
answered on Jan 26, 2024
Based on the assets you described, you will most likely need to file for formal administration in the county where your father resided when he died. You will need to inform the heirs and creditors of the estate, create an inventory, pay any outstanding debts owed, and then request an order for... View More
My wife and I we were caregivers for my mother and father. My father passed away, and my mother now lives in an assisted living home. My brother, the power of attorney has allegedly sold the house or told me and my wife that the house is sold. We’ve been given one week to move out, we were told... View More
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answered on Jan 26, 2024
In California, if your brother, as the power of attorney (POA) for your mother, has sold the house where you are living, it’s important to understand your rights in this situation. First, ensure that the POA was properly exercised in selling the house. The POA must act in the best interest of... View More
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