California Estate Litigation Legal Questions

I am sorry for your loss. You are technically liable up to the extent you receive assets. So if you get the car (by California DMV transfer without probate forms) then you could, in theory, be liable for the taxes. However, I would think it's not likely the creditors, or taxing authorities, will come after you. That is just a guess and hard to know for sure without knowing all the details.  Probate should not be required though.  Or you can park the car and walk away. If you receive nothing then you can safely do nothing, in my opinion. Good luck. -John... Read More

Hi, It sounds like you may have a claim against your stepmother. It may be that a portion of the trust became irrevocable at the time of your father's death. I would be able to give you a pretty good idea of where you stand by reviewing the trust that was in effect at the time of his death. Thanks,Jon... Read More

I am very sorry to hear of your losses and now having that compounded by bank policy.  The banks can be quite frustrating at times. It's hard to know exactly what needs to be done but first question is if the assets were actually titled in the name of the trust in the internal bank records. I assume not. Thus the next question is value. If less than $150k, in total, then can do probate code 13100 small estate affidavits. If more than $150k that won't work and need to go to probate court. The most likely, first option to consider, is a probate code 850 "Heggstad" petition. That is where you get a court order that established the accounts are part of the trust due to intent. If that is not successful then a full probate is going to be required. Hire an experienced probate attorney. In particular find someone familiar with Heggstad petitions as that is a way you could save some time and money.  Good luck. -John... Read More

I am sorry for your loss. What she states is definitely the general rule.  Since she has a child the house would go to that child through the laws of intestate succession.  Likewise, if your dad had outlived his wife we could have done a spousal property petition to get the house into his name and then at his death you would have gotten the home.   -John  ... Read More

I am sorry for your loss. It's always best to contact the 401k administrator or HR department for the employer first.  It's possible you are named beneficiary in which case the company should send you claim forms. Or it's possible there is no named beneficiary in which case they will likely give you a form to fill out the family tree. Some plans pay to next of kin and some pay to the estate (probate required if over $150k).  Lastly, it's possible someone else is named beneficiary. If you believe that was not correct and due to fraud, undue influence, mistake, etc... then you would want to hire an estate litigation attorney to fight it. Good luck.... Read More

To clarify, you are seeking to get your neighbor to remove a fence that they built on an easement, presumably to block your access? If this is correct, I would start with a demand letter asking them to remove it and if they didn't comply I would file a lawsuit to compel them to do so. Thanks,Jon... Read More

The grandson does have some rights because he would be an heir if his parents predeceased him. Our firm recently litigated a case very similar to the facts that you described. In that case the grandson alleged elder abuse and sought to disinherit his father. The case ultimately resulted in a settlement that gave the grandson a substantial portion of his grandmother's estate.  In this instance there may also be an argument that at the very least the grandson has the right to recover the reasonable value of the improvements to his grandfather's house. Thanks, Jon... Read More

First of all he may have had a will but if second wife decided to make said will disappear it is likely GONE.  Sad reality.  Sure you can try to track down the drafting attorney  but good luck. I would look at the real estate records to see if the properties show a living trust, if in joint tenancy with #2 or if just in his name.  If just in his name could file a probate to try to force the action. If the property is "separate" property then kids should get 2/3 and wife 1/3 if no will. So, my point is, there are options. I encourage you to hire a probate attorney asap.... Read More

It sounds like you should hire an attorney to investigate the situation. It might be fine but having the situation looked into would be wise. If she is stealing you want to put a stop to that sooner rather than later. Once the money is gone it can be very hard, if not impossible, to get back!... Read More

The fiduciary duty of an executor is a high standard. There is a long list of duties to undertake. Your probate attorney can talk to you in detail but some big ones: - Get named Executor by the probate court; - Inventory all assets; - Send out statutory notices required by law;  - Ascertain all creditors and send them notice of the probate;  - Determine the heirs; - Make sure assets are properly insured during probate; - File petition, get order from court and distribute assets! Good luck. -John... Read More

This is a difficult question to answer without reviewing the trusts that are involved. I am assuming that the boyfriend's trust states that you and your siblings each receive $10,000 and the remainder of his estate is to be divided among his children. If that is the case and your mother's trust was not followed you may have a potential claim, especially if your mother's boyfriend was the trustee of her trust.  In order to give you a clear answer though of what your rights/options are though I would need to review the documents. Hope this helps! Jon... Read More

I practice in pa but in most states, the mortgage follows the property. Howevr, this is interesting in that it was done without your consent and the bank didnt make you sign. I am not totally sure about this but i would see a local real estate lawyer and ask you have a suit or defense against the bank as they did not seek your signature when you were a record property owne. I think you may have something. There are attrorneys who are really great with this stuff.   ... Read More