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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: HOW can a dead primary trustee complete a GRANT deed to transfer a house to successor trustee with NO consideration?

all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'

DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More

Julie King
Julie King
answered on Jun 16, 2024

When a property owner (or the Trustee of a Trust that holds title to real estate) passes away, documents need to be filed with both the County Assessor and the County Recorder of the county in which the real estate is located. Be mindful that some counties have local rules that must be followed so... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: HOW can a dead primary trustee complete a GRANT deed to transfer a house to successor trustee with NO consideration?

all of the online grant deed forms say 'for valuable consideration.' should I cross that out and put 'for no consideration, as this transfer is an inheritance?'

DOES the affidavit of death of trustee allow the successor trustee to sign the grant deed AS DECLARANT in... View More

James L. Arrasmith
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answered on Jun 16, 2024

Here are a few key points regarding transferring a house from a deceased primary trustee to a successor trustee in California:

1. Consideration: You can cross out "for valuable consideration" and replace it with "for no consideration, as this transfer is pursuant to the terms...
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1 Answer | Asked in Family Law, Estate Planning and Probate for California on
Q: My sister and I disagree on the interpretation of the will I say my father says one thing and she says no he says anothe

The wheel stays if I can test it I get nothing I'm not contesting the will I'm just trying to make her give me what I believe the will says

James L. Arrasmith
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answered on Jun 14, 2024

I understand that you and your sister have different interpretations of your father's will, which is causing a disagreement. Dealing with a loved one's estate can be emotionally challenging, and it's not uncommon for family members to have conflicting views on how to interpret the... View More

2 Answers | Asked in Probate and Estate Planning for California on
Q: I am the executor of a family trust. I want to sell the property. What is the California Probate Law on executor rights?

Family members are occupants of the property and I need to give them notice. What is the law for giving beneficiaries notice of intent to sell property.

James Clifton
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James Clifton
answered on Jun 13, 2024

As the executor or personal representative, you have the authority to sell the property to pay off the estate’s debts as long as the deceased individual did not give the real estate to a beneficiary and as long as you were granted the power of sale. The court may require an order approving the... View More

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2 Answers | Asked in Probate and Estate Planning for California on
Q: I am the executor of a family trust. I want to sell the property. What is the California Probate Law on executor rights?

Family members are occupants of the property and I need to give them notice. What is the law for giving beneficiaries notice of intent to sell property.

James L. Arrasmith
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answered on Jun 13, 2024

As the executor of a family trust in California, you have the right and responsibility to manage and distribute the trust's assets according to the terms of the trust and state law. This includes the right to sell real property held by the trust. However, there are certain legal requirements... View More

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1 Answer | Asked in Landlord - Tenant, Probate and Estate Planning for Michigan on
Q: Can someone take my role of personal representative over an estate from me just because there mad that I am evictingthem
Brent T. Geers
Brent T. Geers
answered on Jun 12, 2024

They could try, but they would need to fall within the priority list of people who can serve as a personal representative - generally meaning they would need to be more closely related to the deceased person. AND they would need to convince the probate court judge that you are not performing your... View More

1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: If I’m married and my spouse dies and I don’t have a will or trust does all my property automatically go to our children

There is also 2 step children. They are from the deceased husbands first marriage. Are they entitled to anything? Could they take my children to court?

Brent T. Geers
Brent T. Geers
answered on Jun 11, 2024

If your spouse dies before you, you would then legally be considered single. To the extent your spouse does not have an estate plan, joint accounts, or beneficiary designations to the contrary, the lion's share of his or her property would go to you as the surviving spouse, with any remainder... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: In P.R. my grandfather married my grandmother and had his (FIRST & ONLY LEGITIMATE HEIR) from that marriage, AKA my mom.

She has illegitimate siblings from when he was unfaithful. HOWEVER, she was still his 1st LEGAL HEIR. Now he passed away back in 2000 and apparently left his house in P.R. to my mom even though they never really had that tight loving father/daughter relationship. He tried to rekindle many times but... View More

James L. Arrasmith
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answered on Jun 10, 2024

In Puerto Rico, inheritance laws are based on the Civil Code, which can be quite specific about who inherits property. If your grandfather left the house to your mother in his will, she would be the legal heir to the property. Whether she accepts the inheritance or not is her decision, but it... View More

1 Answer | Asked in Estate Planning and Probate for North Dakota on
Q: Life insurance beneficiary question.

Mother-in-law passed away this April. Father-in-law passed away in 2018. They had only two sons, my husband and his brother. MIL law was in a nursing home for the last two years. She had nothing but her investments, which have already been distributed. Found a life insurance policy for $10,000.... View More

James L. Arrasmith
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answered on Jun 10, 2024

Given the situation, it sounds like you need to handle the portion of the life insurance intended for your deceased father-in-law. Since he passed away in 2018 and there is no estate due to your mother-in-law being in a nursing home, an estate affidavit might not be the appropriate form for this... View More

1 Answer | Asked in Probate for Arizona on
Q: What form do I fill out and submit to court for removal and replacement of trustee
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Jun 10, 2024

Unless there is some reason to submit anything to court, such as an ongoing case, there is no reason to submit anything to court. Trust administration is private.

You will need a new certificate of trust naming you as the trustee and if on consent an affidavit from the prior trustee...
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2 Answers | Asked in Probate for Tennessee on
Q: I'm named as Executor to my ex husbands Will. Our daughters filed an affidavit of heirship knowing this. Is that legal

I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More

Anthony M. Avery
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answered on Jun 10, 2024

Nothing illegal about a Affidavit of Heirship which is true a that time. You may be able to file a copy of the will and probate it in solemn form, but it will be difficult and expensive. Unless there is alot of acreage, pursuing an interest in the property may not be worth it. If you do not... View More

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2 Answers | Asked in Probate for Tennessee on
Q: I'm named as Executor to my ex husbands Will. Our daughters filed an affidavit of heirship knowing this. Is that legal

I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

If the Will was signed before your divorce, your ex's appointment of you as executor is void and whomever he appointed as alternate would be entitled to the position. In addition, anything he may have left to you in his Will, including the right to remain in the home, passes as if you died... View More

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1 Answer | Asked in Probate for California on
Q: Is sending letters to law firms with a Pro Bono Department, the best way to get help with a Probate ProBono lawyer?

My sister and I are very low income senior citizens and we need help with our parents estate and we do no have the funds to hire a lawyer. We have already lost out on monies because we could not afford a lawyer and we are in the dark on what to do. You see our brother was a criminal attorney in... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry to hear about your difficult situation and the loss of your brother. Seeking pro bono legal assistance is a good idea given your circumstances.

While sending letters to law firms with pro bono departments can be one way to seek help, here are a few other options that may...
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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: In Florida, do you have to make payments on house mortgage while it’s in probate?

No will, three heirs, in Florida, mortgage on home, in probate, do you have to make payments on house mortgage while it’s in probate?

James Clifton
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James Clifton
answered on Jun 8, 2024

Yes, the mortgage must be paid at all times or the property will be placed into foreclosure. If the estate does not have money to pay the mortgage and a foreclosure is filed, you will need to get an answer filed to the foreclosure so that you will have enough time to sell the property.... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Can the executor who was appointed by the heirs as there was no will for an estate,

Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida

James Clifton
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James Clifton
answered on Jun 8, 2024

Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:

Duties of the Personal Representative

Fiduciary Duty:

The personal representative has a fiduciary duty to act...
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2 Answers | Asked in Probate for California on
Q: How do I compel the administrator of an estate to submit the will I found and mailed to him to the probate court?

My GF died suddenly about 8 months ago. The father requested and was given administrative powers to control and distribute her estate about a month later.

I continued to live in the house she owned and did so without any communication from her family after her funeral.

Two months... View More

James Clifton
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James Clifton
answered on Jun 8, 2024

I am sorry to hear about your loss. If your girlfriend's father will not present the will to probate, you must do it yourself. Here are some things to consider regarding her handwritten will.

A holographic will (a will that is handwritten by the testator) can be considered valid if it...
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2 Answers | Asked in Probate for California on
Q: How do I compel the administrator of an estate to submit the will I found and mailed to him to the probate court?

My GF died suddenly about 8 months ago. The father requested and was given administrative powers to control and distribute her estate about a month later.

I continued to live in the house she owned and did so without any communication from her family after her funeral.

Two months... View More

James L. Arrasmith
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answered on Jun 8, 2024

Under California law, anyone in possession of a decedent's will is required to submit it to the probate court. If the father has not submitted your girlfriend’s will to the probate court, you can take steps to compel him to do so.

First, gather all the documentation you have,...
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1 Answer | Asked in Probate for Illinois on
Q: I am going through probate and have opened a bank account. My lawyer wants to control the checkbook. Is that usual?

I am administrator. I am responsible for what goes in and out of the bank account.

Nina Whitehurst
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answered on Jun 8, 2024

The lawyer is doing that to help keep you out of trouble. It means one less thing you have to worry about. You should take your attorney up on that generous offer.

I myself am seriously thinking about implementing such a requirement in my own practice because too many clients do not want...
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1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

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