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My mom received an inheritance from a living trust while married but that inheritance was used to purchase new furniture etc and down payment on their manufactured home no will was created although my grandmother had paid for one to be drawn but I believe my stepdad coerced my mom not to have one... View More 
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answered on Dec 28, 2023
In California, when someone passes away without a will (intestate), the distribution of their assets, including the proceeds from the sale of a home, is governed by the state's intestate succession laws. In most cases, if your mother did not have a will, her surviving spouse, your stepfather,... View More
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answered on Dec 28, 2023
In California, you generally cannot directly go to the clerk's office and add your name to a deed for property you inherited via a trust or will without the involvement of the trustee or executor of the trust or the estate. When property is transferred through a trust or will, the legal... View More
answered on Dec 28, 2023
No. The deed must be signed by the person who currently has the right to the control the property. If the property is in the name of a trust, the currently serving Trustee is the only one who has the power to transfer the ownership. If the person who passed away did not have the property titled in... View More
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
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answered on Dec 28, 2023
In an unlawful detainer case in California, whether to file an answer or a demurrer depends on the specific circumstances of your case. If you want to contest the eviction and assert defenses related to your mom's trust and fiduciary duties, it's generally advisable to file an answer... View More
Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house, to which mom gave us all equal shares. (And no, there isn't any outstanding debts that need to be paid)
answered on Dec 28, 2023
It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic. If that's the case, it's likely a demurrer would be more... View More
answered on Dec 28, 2023
The Puerto Rico rule of law defines a deceased person's estate as made up of the deceased's assets and liabilities. As such, any and all debts owed by the deceased person and/or by his (her) estate must be assumed by his (her) heirs up to the amount inherited. Thus, the to answer your... View More
Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust all the interest charges being accrued. Can I somehow dispute these charges and get back into the trust??
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answered on Dec 28, 2023
Under California law, the executor of a trust is expected to manage the trust's assets responsibly and in the best interest of the beneficiaries. Ideally, the executor should use the trust's funds for expenses, rather than personal credit cards. If the executor is using personal credit... View More
My brother took my father's laptop I believe his will is on there my brother is refusing to let me even go on the laptop he has hidden it whqt can I legally do to be able to go on the laptop
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answered on Dec 27, 2023
In California, handling disputes over a deceased person's possessions, especially when it involves a potential will, is a sensitive matter. It's crucial to approach this with an understanding of your legal rights and options.
First, try to resolve the issue amicably with your... View More
My father in law passed without a will 9 years ago in NY. His wife wouldn’t speak to anyone and my husband received nothing despite having property, cash and other assets. Is he entitled to anything and is there anything he can do?
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answered on Dec 27, 2023
If your father-in-law died intestate (without a Will) with property that was not jointly held or with no named beneficiaries, it would pass under New York State law. Since there was a spouse and at least one child, those assets would be split between them. Real estate would be a matter of public... View More
My cousin and brother brought this inheritance to probate court and signed all paperwork before the attorney located myself and another brother. I believe that if i did not sign any form of guarantee that all legal fees and burial expenses should be the responsibility of the individuals who did... View More
answered on Dec 27, 2023
They are generally the responsibility of the ESTATE to pay which means it becomes a 'proportional' expense that all heirs/devisees share in paying through the mechanism of 'lowering the distribution'.
Look at it this way, if the $100,000 house in a probate estate has a... View More
My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she... View More
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answered on Dec 27, 2023
As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the... View More
Increase because homesteaders rights were took away even though I'm 68;but it hasn't been changed over to me. She's been dead 8-10 years now. Don't know if her will went through probate because my brother died after she did and he was executor. How do I get deed in my name or... View More
answered on Dec 27, 2023
You will likely need to file a quiet title action to get a deed to the property. This will involve suing any person that might have an interest in the property. The other option that might be available is to go through the probate process. This would likely need be done in the county where your... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
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answered on Dec 26, 2023
In California, when someone passes away without a will (intestate), the estate, including real property like a house, is distributed according to the state's intestacy laws. As your father's daughter and assuming there are no other surviving children or a spouse, you would typically be a... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
answered on Dec 26, 2023
There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the... View More
The executor did not file will/paperwork via probate courts however used deceased assets for personal use. An attorney was obtained and a judge signed papers releasing the home to the heirs. The executor is NOT included to be partial owner.
The desire is to recoup the funds, attorney and... View More
answered on Dec 26, 2023
It depends upon the facts and circumstances of your particular situation whether you can successfully recover such expenses.
While an executor named in a will has standing to file a proceeding to probate a will, there is no legal obligation on the executor to do so. An executor can... View More
It was my mother's house who died without a will. If I have to draft a deed, I'm wondering which type of deed to record.
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answered on Dec 26, 2023
In California, when you inherit a house through probate court, the process typically includes transferring the property title to the new owner. If you've inherited your mother's house and she died intestate (without a will), the probate court generally oversees this transfer as part of... View More
said GRANTEES, their heirs, successors, and assigns, forever". Does that mean the heirs (spouse and children) of the deceased automatically inherit the 25% interest of the GRANTEE? Or does the 1 ALIVE GRANTEE automatically inherit now 100% of property? I really dont want to deal with the... View More
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answered on Dec 26, 2023
Without words of survivorship the grantees and their heirs will take as tenants in common of undivided interests. Someone has to pay the taxes and mortgage or the property is lost. You may wish to hire an attorney to determine heirship and get a Deed from all other TICs over to you so that you... View More
my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er... View More
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answered on Dec 26, 2023
In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating "tenants in common with rights of... View More
How do I protect my family’s estate?
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answered on Dec 25, 2023
When dealing with a lien placed on an estate due to unpaid taxes of a deceased parent, the first step is to understand the extent of the debt. You should obtain a detailed statement of the tax owed, including any penalties and interest. This information is crucial for assessing the situation... View More
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answered on Dec 25, 2023
In California, if you were evicted from a property where you are the sole beneficiary of a living trust, it's important to review the terms of the trust carefully. The trust document should outline your rights and any conditions related to the property. If your sister evicted you contrary to... View More
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