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My mother lives in her home, I also live there, and she has a monthly mortgage payment. She has a will and has left the house to me. When she dies will I still be able to live there.
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answered on Jun 20, 2024
To answer this question, we need to consider a few key points about California law regarding inherited property with an existing mortgage:
1. Inheritance of the property: If your mother has left the house to you in her will, you will inherit the property upon her death, assuming the will is... View More 
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answered on Jun 20, 2024
In California, a Small Estate Affidavit and an Affidavit RE Real Property of Small Value serve distinct purposes when dealing with a deceased person's estate. A Small Estate Affidavit is used to claim personal property, such as bank accounts or vehicles, without going through formal probate,... View More
The city demolished my house and did not contact me first. The house that I was in the process of refurbishing was knocked down before I was made aware. Now, I believe the city has a lien on my property for the demolition that I did not authorize. I was in the process of buying the property when... View More
answered on Jun 20, 2024
In almost all instances, the city is required to notify the "record owner" reflected in the official deed records at the address on file in the official records. If the owner moved, it is incumbent on him/her to timely change the address in the official records. If you were "in the... View More
No will or power of attorney, can my brother get into the account, and if he does once he gets a lawyer is there any way that he could keep it without letting me know? Will the courts get involved and handle this without me doing anything?
answered on Jun 20, 2024
You will need to file for probate of your father's estate. Once the probate has been filed, whoever is appointed as the personal representative of the estate will be required to provide an accounting of the estate assets. You will need to monitor the probate process to make sure it is being... View More
Her son was her sole recipient of her will and trust but could not receive 100% of her benefits in direct conflict to his mothers will and Trust due to the LA county rules that say instead the money in her retirement be divided equally amongst all of her decendents in direct conflict with her... View More
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answered on Jun 19, 2024
In this situation, the conflict arises between the beneficiary designation for the LACERA (Los Angeles County Employees Retirement Association) benefits and the provisions of the deceased's will and trust. Generally, beneficiary designations on retirement accounts and pension plans supersede... View More
I'm having an issue with my deceased mother's award check to be transferred to me under probate code 13100. Small Estate Transfer
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answered on Jun 19, 2024
I can provide some general information about California Probate Codes 13100 and 13101, but for a specific situation, it would be best to consult with a probate attorney. Here are a few key points:
1. California Probate Code 13100 allows certain assets to be transferred to the deceased... View More
My mother passed 5yrs ago. Everything was left to just me in her trust. I have since found out a property she owns 25% undivided interest of was not in her trust along with some mineral and oil rights. I might be able to submit an Affidavit re Real Property of small value, but how do I know if it... View More
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answered on Jun 19, 2024
Based on the information provided, it seems there are a few key considerations:
1. Probate requirement: In California, assets that were not properly transferred into a living trust before the person's death generally have to go through probate. This would apply to the 25% undivided... View More
My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?
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answered on Jun 19, 2024
To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:
1. Obtain a copy of your husband's death certificate and his grandmother's will or... View More
I have not found any judicial forms for this and there are no local forms in Riversidse County. Also what citataion can I use as the Autority?
Thanks!
answered on Jun 19, 2024
In legal proceedings involving conservatorships, the process for a former conservatee to consent to a final accounting and waive the accounting typically involves the following steps:
Preparation of Final Accounting: The conservator prepares the final accounting document, which details all... View More
I have not found any judicial forms for this and there are no local forms in Riversidse County. Also what citataion can I use as the Autority?
Thanks!
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answered on Jun 19, 2024
In California, there is no specific Judicial Council form for a former conservatee to consent to a final accounting and waive the accounting. However, the former conservatee can provide their consent and waiver in writing, such as through a signed declaration or affidavit.
The authority for... View More
I'm executor of my dad's will and his only child and beneficiary. He willed his house to me and we refurbished it and rented it out at the end of 2023. There is a small amount of income from that rental that accrues to the estate, therefore. Doing the 2023 1041 form and Schedule E for... View More
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answered on Jun 19, 2024
Based on the information provided, it seems that for estate tax purposes, you should use the date of your father's death as the acquisition date of the property and the stepped-up fair market value (FMV) as the new cost basis for depreciation.
Here's the rationale:
1. When... View More
He told me there was nothing, and now I’m told there is some money at least in his bank account, It sounded like he was gonna have to get an attorney to access the account, he hasn’t told me anything and I haven’t asked….im wondering if I need to do something or if maybe an attorney and... View More
answered on Jun 19, 2024
If you do nothing, how will a court or attorney even know anything about it?
As an heir at law of your father, you have the right to file an application to probate your deceased father's estate. Even without a will, for a relatively simple and straightforward estate, probate is cheap,... View More
I live in Texas
answered on Jun 18, 2024
The easiest way to make sure everything goes to your wife is to provide for her in a Will that complies with all formalities required in TX. Generally, you need two witnessed that are in your presence when you sign your Will declaring to them its your Will and you are requesting them to witness you... View More
I live in Texas
answered on Jun 18, 2024
In order for your assets to go to a specific person, you need a valid Texas Will to handle your probate assets, or you need to name that person as the beneficiary on the assets/accounts for non-probate assets.
Failure to do do either of those may give others a right to those assets, or... View More
I live in Texas
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answered on Jun 19, 2024
Making a Will or a trust with your wife as only person to inherit would be a good start. Then like my colleague say, ensuring that your beneficiary designations are up to date, as well as any POD designations on accounts, and if applicable transfer on death designations on your home and... View More
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answered on Jun 21, 2024
To answer this question accurately, we need to consider a few key points:
1. The role of a fiduciary: When a court appoints a lawyer as a fiduciary (such as an executor, administrator, or guardian), they are given specific legal responsibilities and powers.
2. Court appointment:... View More
Ally bank says according to OK laws, probate is required but from what I've been told, it's not necessary here in NC. He had no fixed residence- his address on the death cert says "transient", which the bank has a copy of. Ally won't allow me to close out his account, even... View More
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answered on Jun 18, 2024
If the value of the account is less than $50,000 you should be able to collect it using a small estate affidavit. The bank might even have their own form for that. If they don't a probate attorney in Oklahoma can help you with that.
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answered on Jun 19, 2024
I understand this is a difficult situation, and I'm sorry for your loss. Here are the key steps you'll likely need to take to get your father's house transferred to your name in California when there is no will:
1. File a Petition for Probate with the Superior Court in the... View More
answered on Jun 18, 2024
Unless the title to the home is in joint tenancy with your father and you as the joint tenants, there is no way to get the property without filing a Petition in Probate Court. The filing fees alone can be between $400-$500, depending on the county. This is why I tell everyone with real restate or... View More
Mother's only property is checking and savings account in California and a checking account in Texas. My sister and I are a co-owners of the California account and I'm the principal owner of the Texas account. Total value is under $70,000.
answered on Jun 18, 2024
I notice you refer to your sister as executrix. Is this based on the writing of the Will or did you go through probate? A Will has no legal effect until it has been deemed to comply with all the laws of the state, typically by going through probate. If your sister was appointed by a probate court... View More
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