California Estate Litigation Questions & Legal Answers

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101 legal questions have been posted about estate litigation by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.

Recent Legal Answers

probate case; unmarried partner; no will; surviving sisters

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

You may be able to bring a petition to determine heirship if you are claiming an interest in his estate. Contact an attorney in your area for a full consultation.

You may be able to bring a petition to determine heirship if you are claiming an interest in his estate. Contact an attorney in your area for a... Read More

appeal has been made in a probate case. probate case is finished and final dispensation made. Now there is an appealing for more money from me

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

You're going to have to bring your documents to an attorney to review. There isn't enough information here to give any guidance.

You're going to have to bring your documents to an attorney to review. There isn't enough information here to give any guidance.

I need info on Probate

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

Please contact an attorney for a full consultation.

Please contact an attorney for a full consultation.

my aunt passed away and left My nephew, myself and nephew and grand neices to inherit proceeds from selling her properties.

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

Was there a probate action filed or a notification of a trust sent out? Consult with an attorney. You'll have to give more information.

Was there a probate action filed or a notification of a trust sent out? Consult with an attorney. You'll have to give more information.

Who is in titled to to receive money left in bank account if both account holders are deceased

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

The heirs of the last account holder to die.

The heirs of the last account holder to die.

I think the will of my mother that has just passed has been alerted. My sister has been appoint

Answered 8 years and 8 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

You can hire an attorney to protect your interests in the estate and ensure that you receive everything that you are entitled to.

You can hire an attorney to protect your interests in the estate and ensure that you receive everything that you are entitled to.

Who is the rightful heir of a piece of property left by a deceased person, their parent, spouse or heirs?

Answered 8 years and 9 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

It depends on many factors. I assume the person died without a will. The suriviving spouse is entitled to all community property, or a portion of the separate property. If there were children, or grandchildren of a deceased child, then they would be entitled to a portion of the separate property. If there were no children, then the parent(s) would take a portion of the separate property.... Read More

It depends on many factors. I assume the person died without a will. The suriviving spouse is entitled to all community property, or a... Read More

What paper can my mother file to prevent her stepchildren from selling the house?

Answered 8 years and 10 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

I'm not clear on the facts of this case. You can contact an attorney for a free consultation and/or a quote on the costs. You'll have to initiate the contact by email or telephone. Contact an attorney for a full consultation.

I'm not clear on the facts of this case. You can contact an attorney for a free consultation and/or a quote on the costs. You'll have to... Read More

As surviving joint tenant of bank acct. with my sister, do I continue her auto mortgage pmts from this acct. while the property is in probate?

Answered 8 years and 10 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

As the survivor of a joint bank account, those funds are yours and do not have to go through probate. You are not obligated to pay the mortgage payments for the house. However, if you do pay them, then you are entitled to be reimbursed by the estate. As a practical matter, you may want to continue paying the mortgage until the transfer of the house is sorted out for the beneficiaries. If your sister had a "pour over" will that gave everything to her trust, then you may transfer the house to the trust with a Heggstad Petition. Otherwise, you may need a formal probate proceeding. Contact an attorney for a full consultation.... Read More

As the survivor of a joint bank account, those funds are yours and do not have to go through probate. You are not obligated to pay the mortgage... Read More

If trust funds were misdistributed by trustee to the beneficiaries and some were shorted, who is liable to pay the loss?

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

The trustee has a fiduciary duty to get the funds back from the beneficiaries that were overpaid.

The trustee has a fiduciary duty to get the funds back from the beneficiaries that were overpaid.

As a beneficiary of a trust, can you be forced to return money if it was misdistributed & 120 days have passed?

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

It depends on the terms of the trust and what document was signed by the beneficiaries. Contact an attorney for a full consultation.

It depends on the terms of the trust and what document was signed by the beneficiaries. Contact an attorney for a full consultation.

Questions about surviving spouse's entitlement?

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

The characterization of property as either separate or community (or quasi-community) can be complex and there is the possiblity of transmutting property from one characterization to the other. You'll have to bring your documents to an attorney for a full consultation.

The characterization of property as either separate or community (or quasi-community) can be complex and there is the possiblity of transmutting... Read More

Executor of estate is taking excessive amount of money as well as not giving any information pertaining to the estate.

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

This isn't enough informaiton to give you any type of answer to your question. Please contact an attorney.

This isn't enough informaiton to give you any type of answer to your question. Please contact an attorney.

If Jean Smith (see below) dies AFTER the surviving Trustor dies, how is her gift amount distributed? She has several adult children]

Answered 9 years ago by Maryellen Sullivan (Unclaimed Profile) | 1 Answer

I cannot be sure how to interpret a trust based on one clause, but this clause says that if Jean Smith is alive when her sister (the surviving Trustor) dies, then the trust should pay Jean Smith $10,000. If the $10,000 is not paid to Jean Smith before Jean she dies, then the trust should pay her estate, unless there is specific language in the trust stating that failure to pay someone while they are living results in a lapse of the gift. But, in general, a trustee's failure to make a payment required by the terms of the trust should not cause the gift to lapse. ... Read More

I cannot be sure how to interpret a trust based on one clause, but this clause says that if Jean Smith is alive when her sister (the surviving... Read More

Dad.Walter Grosskopf died 3/4/17

Answered 9 years ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

If your wife is the co-trustee of the trust, then she needs a copy of the trust and an accounting of the assets of the trust. Contact an attorney for a full consultation.

If your wife is the co-trustee of the trust, then she needs a copy of the trust and an accounting of the assets of the trust. Contact an... Read More

My dad passed away aug 31 of 2016. His bank has frozen his account saying they need proof of death .they have proof but still we not unfreeze his acct

Answered 9 years and a month ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

You'll have to have some type of legal procedure to transfer the funds to you. What type of procedure depends on the value of the estate and whether there is any real estate. Please contact an attorney for further information.

You'll have to have some type of legal procedure to transfer the funds to you. What type of procedure depends on the value of the estate and... Read More

probate my fathers will

Answered 9 years and a month ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

You should be getting an attorney in Washington to represent your interests.

You should be getting an attorney in Washington to represent your interests.

My dad passed away and I have two siblings who live in Ohio my father and I live here in California I emptied out his bank accounts before they froze

Answered 9 years and 2 months ago by attorney Jonathan Howell | 1 Answer

Hi Brittany, Were you named on the bank accounts as well? If not and there is no will, your siblings would have a right to share in the money that was in your father's accounts. Did your father have any other assets? Thanks, Jon

Hi Brittany, Were you named on the bank accounts as well? If not and there is no will, your siblings would have a right to share in the money that... Read More

I have a Holographic will that my mother signed, she could not write very well due to her health but she was able to sign the holographic is that good

Answered 9 years and 2 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

In order to have a valid holographic will, it must be in the testator's handwriting and signed by her. If it is not in her handwriting, then it must be signed by two witnesses, in addition to the testator.

In order to have a valid holographic will, it must be in the testator's handwriting and signed by her. If it is not in her handwriting, then it... Read More

My father is dying in hospice. My younger brother who is a real SOB has managed to manipulate his name on my fathers will.

Answered 9 years and 3 months ago by attorney Jonathan Howell | 1 Answer

If your brother will not voluntarily provide you with a copy of the will you may have to file a lawsuit to compel him to do so. Are you still seeing your father and is he able to communicate?

If your brother will not voluntarily provide you with a copy of the will you may have to file a lawsuit to compel him to do so. Are you still seeing... Read More

Need free consultation from a private lawyer that I could possible use in a probate case coming up in 10/21 please help

Answered 9 years and 5 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

Have you already filed a probate petition? Please contact an attorney for a consultation. Thank you.

Have you already filed a probate petition? Please contact an attorney for a consultation. Thank you.

How do I sue for capital of company when husband dies and was 1/3 owner of business.

Answered 9 years and 6 months ago by attorney Jonathan Howell | 1 Answer

When did your husband pass away? Often times the governing document of a business like this will have specific instructions regarding how a deceased person's interest in the business is to be handled. Is the company still operating and do you know if the company owns assets? Do you know how the company was organized (corporation, partnership, LLC)? Happy to help, but need a bit more info. Thanks,Jon... Read More

When did your husband pass away? Often times the governing document of a business like this will have specific instructions regarding how a deceased... Read More

How do I prevent Beneficiary Fraud when the trustee won't share any information on the trust asset values?

Answered 9 years and 7 months ago by attorney Jonathan Howell | 1 Answer

The trustee is required under the law to account to the beneficiaries in a number of situations, including within 60 days of receipt of a written request from a beneficiary demanding an account. Let me know if I can be of assistance.

The trustee is required under the law to account to the beneficiaries in a number of situations, including within 60 days of receipt of a written... Read More

Which state should I file the lawsuit against the fiduciary of my mother's living trust? where I live, or the fiduciary resides? and my lawyer?

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

Venue (which county you file in) is proper in a number of locations, where the property is, where the trust is administered, where the defendant is. It depends.

Venue (which county you file in) is proper in a number of locations, where the property is, where the trust is administered, where the defendant is.... Read More

What action should the adult sons take to ensure that they receive a portion of their father's estate.

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile) | 1 Answer

If the father passed away in Georgia, then Georgia law would apply. Please repost your question under Georgia law.

If the father passed away in Georgia, then Georgia law would apply. Please repost your question under Georgia law.

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