California Estate Litigation Legal Questions

Was the money put into a bank account in the name of the estate of your mother?  Or was it put into an account in your ex-partner's name?  A frozen bank account due to a criminal investigation is not a normal procedure.  You should have an attorney review your situation and advise you of your options.... Read More

They are asking for Letters Testamentary.  Someone with Letters Testamentary is appointed by the probate court to be the personal representative of the estate.  To get Letters Testamentary, you will need to file a petition with the probate court where your father lived when he passed away.  Contact an attorney to discuss a formal probate proceeding or a summary proceeding to transfer your father's property.... Read More

I'm sorry, but this is not a simple question to answer.  The true answer is, it depends on the circumstances.  The scope of a trustee's duty to account and to report information is governed generally by Prob C §§16060–16069 (general and specific duties, and exceptions), §§15800, 15802–15805 (beneficiaries entitled to notice), and the provisions of the trust instrument concerning accounting and reporting of information. The trustee's statutory duties vary depending on whether the trust is a revocable trust, an irrevocable trust, or a testamentary trust still subject to continuing court supervision. Furthermore, the duties can be modified by the terms of the trust instrument so as to be more stringent against the trustee. See Prob C §16000 (trustee required to administer trust according to trust instrument).... Read More

Most likely, a probate action is required to transfer the mineral rights from your father to his heirs.  If your father had a will or trust, then the mineral rights will be distributed according to those terms.  If your father died without a will or trust, then the laws of intestate succession will determine who are his heirs.  However, if this was community property, then his wife would be entitled to all of it.  If it was separate property, then she may only be entitled to a portion of it.... Read More

A trustee has a fiduciary duty to act in the best interest of all of the beneficiaries. While a trustee can distribute her share of the trust assets to herself, she cannot do that if it is a detriment to the other beneficiaries.  Also, while a trustee is entitled to hire an attorney to defend her as the trustee of the trust, she cannot hire an attorney that would completely deplete all of the trust assets. Pigs get fat, hogs get slaughtered.  It looks like the trustee took a little too much liberties in this trust.... Read More

Is this is probate or was there a trust?  In any case, you should be receiving at least an annual accounting of the assets and expenses of the estate.  The executor is a fiduciary for all of the beneficiaries and is required to act in your best interests.  If he doesn't, then he is in breach of his fiduciary duties.  There are petitions you can file to require an accounting and to determine whether the executor has breached his fiduciary duties to the beneficiaries.  Call or email an attorney for a full consultation.... Read More

It depends on how they hold title, and a number of other factors. If your husband and his brother own the property as joint tenants, then if your husband dies his brother will own the entire property.  You will not have any interest in the property. If your husband and his brother own the property as tenants in common, then if your husband dies your interest will depend on whether the property interest is community, separate, or quasi-community property; if your husband has a will; and what other heirs your husband has.... Read More

It doesn't necessarily sound like you would need to actually file a claim against her daughter. Based on what you described it is likely that the best course of action is simply going to be to try to defeat any claim brought by the daughter in the probate matter.  You certainly can bring a suit for slander, but that suit would properly be a separate civil action. Has this woman filed a suit in probate court?... Read More

A lot depends on your sister. If she is dishonest then yes she can prevent you from receiving your inheritance.  Plus, it's possible your sister and her attorney aren't communicating well!? Lots of possibilities here. You might consider hiring a probate attorney to protect your interests. -John ... Read More

Assuming your sister was not named financial power of attorney or co-signor on account then I would say it is illegal. If mom had other assets then perhaps this can be brought up in probate court. If no other assets then you might need to sue your sister. I have seen this type of situation many times and usually the family member that took the money has "reasons" such as: 1) providing care to mom, 2) providing free room and board to mom, 3) pay back of loan to mom, 4) funeral expenses, etc....   Good luck!  -John... Read More

You probably are entitled to at least a portion of his estate, notwithstanding his transfer of the assets to someone else, based upon community property laws, but the devil is in the details and I would have to look at the trust language for clarity.   Who is the trustee of his trust and were your assets segregated from your husband’s during your long-term marriage?   As to assets NOT properly transferred into his trust, yes, you would have to petition the court to be named as executor so you have authority over those assets.  That would be completed in the Probate department.  This is a very simple answer to what could be a complex matter and, again, I would have to get a more complete picture to firmly state your position.    I hope you find this helpful. ... Read More

I am sorry to hear of this. I encourage you to find an estate litigation attorney.  The venue for a court action would be the county where the trusts principal place of business is. This is probably where your sister lives. Thus you might want to find an attorney there.  Do not delay. Good luck. -John... Read More

With your father being alive I would say you do NOT have a right to get a copy of his will. You can most certainly ask for it but I don't think anybody has an obligation to give you a copy.  After death the rules are different and you would be entitled to a copy. You might check the county records to see whose name the house is in. Sometimes people gift a house during life.  Though this is often a bad move from a tax standpoint people still do it. Knowing this might 1) quench your appetite for information and/or 2) you might have options to pursue now. For example, if your dad is not mentally competent and gave the house away that could be a transaction you could undo now!? I would seek the aid of an estate litigation attorney eventually. Good luck. -John... Read More