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Your current state is Ohio
Dad passed away intestate in CA in May 2023, creating interest in real property in San Diego allocated 1/3 to my mom and 2/3 to my brother (age 17) and me (age 25).
My brother & I want to disclaim our interest. I just recorded my Disclaimer of Interest in the Recorder's Office.... View More 
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answered on Jan 24, 2024
In California, the general rule is that a disclaimer of interest in an estate, including real property, must be filed within nine months of the event creating the interest (in this case, your father's passing). This rule is outlined in California Probate Code Section 279. However, the... View More
I have contacted the circuit court and they are saying my brother is failing to provide information. I think my brother is hiding something. Should I hire my own attorney?
answered on Jan 24, 2024
You may need to hire an attorney to look into your brother's actions while serving as the Executor in your father's estate. Your brother has a fiduciary duty to protect your interest and deal fairly and openly with you. His actions or inactions could warrant his removal as the Executor.... View More
His landlord has billed his estate for back rent, but there is no estate, and no estate assets. He died in Eugene, Oregon. Thank you.
answered on Jan 23, 2024
I am sorry for your loss. If the amount of the back rent is more than the balance in his bank account there is no real reason to open a probate (or file a Simple Estate Affidavit) because there is nothing to inherit.
If the account is larger than the rent bill and is less than $75,000 you... View More
Over time, his contact with me decreased and my life got busier with kids and work schedules. Last year, we hit rock bottom in our relationship. Unfortunately, I discovered last year (2023) that he had breached our agreement by transferring the property to his partner. Moreover, I learned he did... View More
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answered on Jan 23, 2024
To address a situation involving a quitclaim deed in California, the first step is to gather all relevant documents, including the quitclaim deed and any agreements or affidavits related to the property transfer. If you believe the transfer was made improperly or in violation of an agreement, you... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?
answered on Jan 23, 2024
I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?
answered on Jan 23, 2024
I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More
Probate matter was heard in Greenville County Probate Court. I was a respondent and disagreed with the other respondents. I had sanctions placed upon me without the ability to confront my accusers or to testify in court. My understanding of due process laws I believe were violated. I appealed the... View More
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answered on Jan 22, 2024
If you believe your 14th Amendment rights have been violated in a probate court matter, it's crucial to take action promptly. The 14th Amendment guarantees due process, which includes the right to a fair hearing and the opportunity to confront your accusers and present your case.... View More
When dad died, stepmom made a verbal agreement and a verbal promise that, when she passed away, her stepdaughter would receive dad’s inheritance and her daughter would get hers. However, when she died, her daughter got everything. Stepdaughter was never told that stepmother had passed away.... View More
answered on Jan 22, 2024
No.
At best, stepdaughter might have a claim based upon promissory estoppel if she made some sort of out-of-pocket expenditure in reasonable reliance upon stepmom's verbal promise. Her measure of recovery would be limited to the out-of-pocket expense she incurred.
A will--even... View More
answered on Jan 22, 2024
You should state the value of the estate. For real estate the value is what it would sell for--the Court accepts Zillow.com--minus the mortgage. The reason the value is important is because there are different probate procedures for different values estates. (If no real estate and value under... View More
His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?
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answered on Jan 21, 2024
I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More
My husband was declared disabled and since has regained cognitive functions, how do we get him his rights back and end conservatorship
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answered on Jan 21, 2024
Here are the steps to end a conservatorship in Missouri when your husband has regained capacity:
1. File a Joint Petition for Termination of Conservatorship with the probate court that has jurisdiction over the conservatorship. This requests that the court terminate the conservatorship.... View More
I would appreciate help with 2 questions, please.
My dad passed away intestate. I am about to sign and have notarized a Disclaimer of Interest for real property that my dad owned, so that the interest goes fully to my mom. CA Probate Code section 280 explains where to file the disclaimer.... View More
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answered on Jan 21, 2024
Under California law, regarding your first question, the use of "may" in California Probate Code section 280(b) suggests that recording the disclaimer is not mandatory, but it is an option available to you. This means that you have the choice to record the disclaimer, but it is not a... View More
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More
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answered on Jan 19, 2024
Under California law, if a beneficiary intentionally delays the completion of required paperwork to hinder the distribution of annuity benefits to other beneficiaries, legal action may be taken. In your case, you can consider filing a petition in probate court for the enforcement of your rights as... View More
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More
answered on Jan 19, 2024
Probate Code Section 850 which allows for the court to provide relief when there has been an "abuse of a confidential or fiduciary relationship," including disputes between co-owners of property. If there is no legitimate reason for him to refuse to complete the paperwork, Section 850... View More
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answered on Jan 19, 2024
In Virginia, if your deceased spouse owed taxes to the state and you did not file joint taxes for the year in question, you are generally not personally responsible for the tax debt. However, the deceased person's estate may be responsible for settling any outstanding tax obligations. The... View More
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answered on Jan 22, 2024
In general, if you did not file jointly for the tax year in question, you are typically not responsible for your deceased spouse's individual tax debts to the state of Virginia. However, there are exceptions and complexities depending on the specifics of your situation, such as the nature of... View More
Late grandmother domiciled in Alabama until death. She had both UK and US assets but only a UK will leaving it to immediate family. UK courts requesting legal opinion from US solicitor before proceeding with granting probate. US court already determined UK grandchildren (last remaining immediate... View More
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answered on Jan 19, 2024
Based on the details provided, here are some pointers on obtaining a US legal opinion for this UK/US inheritance situation:
• The UK court is likely looking for confirmation from a US attorney that the Alabama will is valid and enforceable to distribute the US assets per that will's... View More
$1436.89 in Checking/Savings account(s)
$1160.76 - 3 insurance refund checks payable to my mother.
$10000.00 possible unclaimed death benefit from my stepfathers passing in 2013, payable to the Estate of my mother.
I believe all debts have been settled or discharged.... View More
answered on Jan 19, 2024
Florida Probate Rules require an attorney to handle probate matters for formal administration (see Probate Rule 5.030(a)). For smaller estates including summary administration or disposition without administration - when there is no personal representative - no attorney is required. However,... View More
Dad passed away without a will. He purchased a house in San Diego County prior to marrying his wife/my mom, so it's a separate real property. Our residency is in Los Angeles County. Per intestate succession, the San Diego house will transfer 1/3 to his wife, and 2/3 to my brother & me. My... View More
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answered on Jan 18, 2024
In California, when disclaiming an interest in real property, it's not only about completing and notarizing the Disclaimer of Interest forms, but also properly recording them. According to California Probate Code section 280, a disclaimer must be filed with the court having jurisdiction over... View More
Feduciary denies holding #1's (sister's) money for beneficiary #2 who originally hired fiduciary to be conservator. This fiduciary using excuses, denies wrong doing but shows no sign of returning #1's money. 1# has early dementia and has dedicated friend of 28 years helping with... View More
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answered on Jan 18, 2024
Under California law, a fiduciary, such as a conservator, is legally obligated to act in the best interests of the person they are representing, in this case, your sister #1. If your sister #1 has early dementia and has appointed a fiduciary, the fiduciary is responsible for managing her affairs in... View More
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