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Hello,
I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"
answered on Dec 18, 2023
Depending on the facts of the case, date of death, value of property, etc., the property may have to be administered under formal or summary administration, and will likely require an attorney because it is a complicated process. This heir should consult with a probate attorney to discuss and... View More 
Hello,
I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"
answered on Dec 18, 2023
A review of the property deed would be necessary and helpful to start, but if the property is in the name of the deceased father alone, then some version of probate will be required, and an attorney will be needed in most all circumstances. Based on the type of property (Homestead) or other and the... View More
No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me
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answered on Dec 18, 2023
In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. As one of seven children, you are potentially entitled to a share of your mother's estate. However, without a will, an administrator must be appointed by the court to... View More
No will she died oct 30th shouldnt i have received something saying whos representive? Theres 7 kids but im the black sheep and there ignoring me . What to do ? I want an attorney and dont care what comes out of my inhertaince. Please help me
answered on Dec 18, 2023
When someone loses a loved one, it isn’t common to get documentation related to the death within the first 30 days. The documentation you will receive depends on the dollar value of the deceased person’s total assets. Assuming your mother lived in California, if her assets are collectively... View More
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 25, 2023
The issue here is whether the "executor on the bank account" is named as the beneficiary or a co-owner of the account. Bank accounts can have more than one owner and / or can be named in trust for (ITF) another individual, the beneficiary. If the executor also happens to be the co-owner... View More
The will states any money in the bank or deposits on hold shall be divided.
answered on Dec 18, 2023
"on the bank account" is a bit vague. If the person named as executor was a beneficiary or a joint owner of the account, then that money is theirs, it's not subject to probate or the will, and they don't have any obligation to share it. If the executor has a bank account titled... View More
answered on Dec 18, 2023
You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More
All the arrangements had been prepaid by him and my sisters and I paid for the remaining items. After obtaining the Declaration of Heirs, we found out about the money withdrawn by my aunt when the money was not hers. I spoke to the bank and they said she was authorized on the account and had the... View More
answered on Dec 18, 2023
Except that your aunt had a legitimate reason for taking the money out of the account (for which she'd need to present receipts), your late dad's estate is owner of those moneys until the probate processes are completed. Either by your father having left a will or going through the Puerto... View More
Notification of death, accounting of assets, etc.
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answered on Dec 16, 2023
In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the... View More
Letters were issued in Jan 2023
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answered on Dec 15, 2023
In California, if you are a beneficiary or an interested party in an estate and the personal representative is not providing necessary accounting or status updates, there are legal steps you can take to compel this information.
First, you should formally request an accounting from the... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
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answered on Dec 15, 2023
In California, if you're concerned about ensuring the equitable distribution of your late mother's settlement, it's understandable to seek a formal agreement with your brother.
A notarized agreement can indeed be drafted to outline how the settlement funds will be managed and... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
answered on Dec 15, 2023
Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More
Something just doesn't feel right with my in laws estate. The mother passed June of 2022 the father in September. They were seperated, so seperate estates. The mother in laws was just sent to the state for taxes, the lawyer said the stocks portion of it were tedious. My wife just had to... View More
answered on Dec 15, 2023
Whatever is "normal" is governed, and overridden, by a probated Last Will, with its description of powers of the personal representative/Executor.
The appointed pers rep is charged to ensure that any actions of the Estate work to maximize the distribution to the beneficiaries.... View More
We lost your stepmother last month. She had both a Will and Addendum to her Will Notarized and Witnessed. She has no natural children, both her spouse (my father) and parents are deceased. She has a sister living. She appointed me as Personal Representative in her Will. When I file the... View More
answered on Dec 15, 2023
My condolences on your loss.
The BRIEF answer to your question is: no that form is not needed.
This and SO many other questions will be resolved quickly and easily and with relatively little cost if you hire a local licensed attorney to help you. None of the forms and procedures... View More
It appears that the Executor
is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need... View More
answered on Dec 14, 2023
The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory?
Timeliness are not as strict if there was no will.
Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ?
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answered on Dec 14, 2023
In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone... View More
The original Affidavit of Death of A Life Tenant (ADLT) with a wrong legal description of a house was signed and recorded by the Life Tenant's daughter in Santa Clara County, California. Can a remainderman named in the Life Estate referenced in the ADLT sign the Correction ADLT with a correct... View More
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answered on Dec 13, 2023
Yes, in California, a remainderman named in the Life Estate can sign a Correction Affidavit of Death of a Life Tenant (ADLT) even if they were not the one who signed the original affidavit. If the original ADLT contains an incorrect legal description of the property, it is important to correct this... View More
My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from... View More
answered on Dec 13, 2023
Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order... View More
It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he... View More
answered on Dec 13, 2023
As the executor, you have the legal authority to transfer the property to the named person as the Will states. It depends on the languagein the Will if the Estate is responsible for the debt or the person receiving the real property. You do not need Court approval to sell the property in the... View More
It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he... View More
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answered on Dec 13, 2023
The debt does not just go away. One way or the other it needs to be paid. Probate is the process that gets title transferred from a decedent to the heir(s) in most states. In some states, under some circumstances, title can be updated by affidavit. Your probate attorney should be helping you with... View More
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