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California Estate Litigation Legal Questions

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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.
California Estate Litigation Questions & Legal Answers - Page 3
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Estate Litigation
California

Recent Legal Answers

My sister has passed, property questions

Answered 11 years ago by attorney Jonathan Howell   |   1 Answer
Did the individuals receive title to the property while your sister was living or did they inherit the land when she passed away? How long ago did they receive the property? If they did inherit the property subject to certain instructions you may have the ability to petition the court to ensure that your sister's intent is being carried out. Thanks,Jon... Read More
Did the individuals receive title to the property while your sister was living or did they inherit the land when she passed away? How long ago did... Read More

Can I change the name on a deed while avoiding Probate

Answered 11 years and a month ago by attorney Jonathan Howell   |   1 Answer
Assuming that your father did not have a will and was unmarried at the time of his death, the house would ultimately belong to you and your siblings equally.  In order to actually take title to the property you will have to go through probate. The only way to get the property in your name alone would be to have your siblings sign away their interests.  Given the fact that you have been paying for the home you may be able to get some offsets in your favor even if they will not agree to sign over their interests.  We can certainly help you to probate the property and/or negotiate a resolution with your siblings if you are interested. Thanks, Jon... Read More
Assuming that your father did not have a will and was unmarried at the time of his death, the house would ultimately belong to you and your siblings... Read More

Can personal items given by a parent before the parent passes be taken from you after they have passed?

Answered 11 years and 2 months ago by attorney Mitchell Allan Port   |   1 Answer
Once your mother passed away, her will became unchangeable.  Your father cannot change the terms of her will.  If it says all the necklaces are to go to you then that is what is supposed to happen.  However, your mother's wishes can still be undercut simply by your sisters gaining possession of a necklace in which case you may have a difficult time getting it.... Read More
Once your mother passed away, her will became unchangeable.  Your father cannot change the terms of her will.  If it says all the necklaces... Read More

How do I claim a house that was willed to me, but currently has people living in it who I want out?

Answered 11 years and 2 months ago by attorney Mitchell Allan Port   |   1 Answer
You ought to hire an eviction attorney you can find on this Lawyers.com site.
You ought to hire an eviction attorney you can find on this Lawyers.com site.

I am the trustee of my mother's estate. My sister, brother and I are all on the estate.

Answered 11 years and 2 months ago by attorney Mitchell Allan Port   |   1 Answer
I don't see a question being asked.  You have some complicated facts so hiring an attorney you find on Lawyers. com would help you sort this out and get clear what your questions are.
I don't see a question being asked.  You have some complicated facts so hiring an attorney you find on Lawyers. com would help you sort this out... Read More

If someone says that you were employed by them as a caregiver

Answered 11 years and 2 months ago by attorney Mitchell Allan Port   |   1 Answer
Any evidence you can gather to prove a beneficiary is disqualified might be helpful.  If cancelled checks is just one of many other indications you have to disqualify a beneficiary, then you might be able to convice a judge.
Any evidence you can gather to prove a beneficiary is disqualified might be helpful.  If cancelled checks is just one of many other indications... Read More

property settlement issue

Answered 11 years and 3 months ago by attorney Mitchell Allan Port   |   2 Answers
You may have to file a petition with the court compelling a partition of the property so that it can be sold or distributed as tenants in common.
You may have to file a petition with the court compelling a partition of the property so that it can be sold or distributed as tenants in common.

what do i do about this situation

Answered 11 years and 3 months ago by attorney Mitchell Allan Port   |   1 Answer
What is your question?
What is your question?

Can a Life Estate be made after my Dad has died ?

Answered 11 years and 3 months ago by attorney Mitchell Allan Port   |   1 Answer
Your situation seems complicated and ought to be discussed directly with an attorney.  There may be several options available all of which are too complicated to discuss in this email.  
Your situation seems complicated and ought to be discussed directly with an attorney.  There may be several options available all of which are... Read More

Is it a legal conflict of interest for a beneficiary to also be the accountant and trustee of the will?

Answered 11 years and 3 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
I am not sure it meets the technical terms of a conflict since your sister is the daughter. Thus her being the trustee and accountant is probably fine. She may be operating unethically in some other way though; perhaps unduely influencing mom?  Having said all that my feeling is that anytime anybody has reason to question a relationship like this means there is a problem. It's too bad your sister is not aware of it and would then hopefully either distance herself or provide information/documentation to make others feel comfortable. Good luck to you. -John... Read More
I am not sure it meets the technical terms of a conflict since your sister is the daughter. Thus her being the trustee and accountant is probably... Read More

Who owns the money in a joint savings account when one of the account holders is deceased?

Answered 11 years and 4 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
It is presumptively your money to keep. Unless sister could prove that it was intended only to have you on there for convenience, to pay bills and such, it is yours. Since it is likely impossible for her to prove this I would say it is yours to keep legally speaking. If you want to give her 1/2 you can but I do not see a legal obligation to do so.... Read More
It is presumptively your money to keep. Unless sister could prove that it was intended only to have you on there for convenience, to pay bills and... Read More

can truestee / beneficiary buy house in my moms estate for under appraisal price

Answered 11 years and 4 months ago by attorney Mitchell Allan Port   |   1 Answer
Nope, the trustee cannot force others to accept the sale of a trust asset for less than full market value.  The trustee can be removed by the court when you file a petition if he continues along that line.
Nope, the trustee cannot force others to accept the sale of a trust asset for less than full market value.  The trustee can be removed by the... Read More

What is common way of dividing estate between adult children of second marriage

Answered 11 years and 5 months ago by attorney Mitchell Allan Port   |   1 Answer
There is no common way.  There is only what the parents agree to do.  The problem raised in the email can be illustrated another way:  what if one of Father's kids died before getting her share and left behind 4 kids.  Then the 4 kids might complain because they are getting only 1/4 of their dead parent's 1/2. They have no more right to complain than your step-sister.... Read More
There is no common way.  There is only what the parents agree to do.  The problem raised in the email can be illustrated another way:... Read More

Hi. Mom died. She had a trust, leaving it all to me. What do I file to put the house in my name?

Answered 11 years and 5 months ago by attorney William R. Pelger   |   2 Answers
It is highly inadvisable for you to draft and file a deed from a trust without legal assistance. No one can answer this question without knowing more about what you want and reading the trust.
It is highly inadvisable for you to draft and file a deed from a trust without legal assistance. No one can answer this question without knowing more... Read More

What do I file to have a property transferred to me from my deceased mom's trust

Answered 11 years and 5 months ago by attorney Mitchell Allan Port   |   1 Answer
To transfer property from the trust, the trustee signs a deed in his/her capacity as successor trustee and then records it in the county where the property is located.
To transfer property from the trust, the trustee signs a deed in his/her capacity as successor trustee and then records it in the county where the... Read More

Do I have to pay back money for a final distribution payment if I received a letter stating an error had been made?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
Ask the attorney for a copy of the court order in which the distributions are described.  If all the attorney has is the order containing the error, then ask the attorney to return to court and request a modification of the order to accurately reflect what you should have received.  Once the modified order is signed by the court, then you should return the money.... Read More
Ask the attorney for a copy of the court order in which the distributions are described.  If all the attorney has is the order containing the... Read More

How to get a court order for the executor?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
To get a court order, you file a petition asking the court to issue one to you.  Then, you attend the hearing on your petition and if the court grants your petition, you submit the order for the judge's signature.
To get a court order, you file a petition asking the court to issue one to you.  Then, you attend the hearing on your petition and if the court... Read More

Wills & Quitclaims

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
How can the property be quitclaimed if the owner is dead?  If the owner is alive and quitclaimed the property even though the will says you get it, then you're out of luck.
How can the property be quitclaimed if the owner is dead?  If the owner is alive and quitclaimed the property even though the will says you get... Read More

Once granted life estate rights how soon must I move in to property to maintain life estate?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
The terms of the life estate may provide for when the life estate ends.  So long as you don't do anything to bring about the end of it, then it probably goes on whether or not you live there.  But if the trust says you have to use it as your primary residence, then that's what you have to do to avoid terminating the life estate.... Read More
The terms of the life estate may provide for when the life estate ends.  So long as you don't do anything to bring about the end of it, then it... Read More

Does my deceased mom's estate get taxed?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
Hawaii may have an estate tax even though California does not.  So, check with a CPA in Hawaii to see how much estate tax may be due.  As for fees, $120/hr may or may not be reasonable depending on the complexity of the services provided; places like Bank of America may charge about 1.5% of the value of the property it administers plus other fees.... Read More
Hawaii may have an estate tax even though California does not.  So, check with a CPA in Hawaii to see how much estate tax may be due.  As... Read More

Can you sue a sibling who lied about your existence to gain estate of a deceased sibling?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
Yes, of course, you can sue anyone for anything.  Whether you can prove your claims is another matter.  And, in California, you risk having to pay the defendant's attorney's fees if your suit is frivolous.
Yes, of course, you can sue anyone for anything.  Whether you can prove your claims is another matter.  And, in California, you risk having... Read More

Di I need an attyorney to help me get my mothers "affairs in order"? She is 97.

Answered 11 years and 6 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
It's a good to use an attorney to help with a 97 year old's estate plan. Besides document preparation a big issue is document preparation and execution. For example, when a 97 year old prepares documents there is more likely to be accusations of undue influence. Thus an experienced attorney is important for making sure that the proper procedures are followed in preparing and executing the documents.... Read More
It's a good to use an attorney to help with a 97 year old's estate plan. Besides document preparation a big issue is document preparation and... Read More

What is the average cost for clearing title through probate

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
If title was in joint tenancy, there's nothing you can do to remove your sister's name.  She owns the property now as the surviving joint tenant.  You may sue your sister for exercising undue influence over someone who suffered from diminished capacity in order to force her to give up some interest in the property.  You may also want to consider a lawsuit for financial elder abuse.... Read More
If title was in joint tenancy, there's nothing you can do to remove your sister's name.  She owns the property now as the surviving joint... Read More

Can executor of an estate kick out a coowner of the home to fix up and sell?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
No.   But the executor can file a petition to partition the estate and as a result, the home will likely be sold unless you decide to buy the other half.
No.   But the executor can file a petition to partition the estate and as a result, the home will likely be sold unless you decide to buy the... Read More

small estate, with Will and Revocable Trust. Same person is Executor & Trustee. When & how must the beneficiaries be notified be n

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
As soon as you assume your powers as executor and trustee, you must immediately notify in writing the beneficiaries.  If a copy of the documents is requested by a beneficiary, you must provide it.  Contact local counsel for assistance with carrying out all of you fidcuciary duties.... Read More
As soon as you assume your powers as executor and trustee, you must immediately notify in writing the beneficiaries.  If a copy of the documents... Read More
Estate Litigation
California

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