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490 legal questions have been posted about estate litigation by real users. 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.
Estate Litigation Questions & Legal Answers - Page 11
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Recent Legal Answers

my aunt gave me a letter leaving me and my brother her house

Answered 11 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
The will is the only legal document.   She should amend her will by way of a codicil or prepare a new will, otherwise the house will go to your brother.
The will is the only legal document.   She should amend her will by way of a codicil or prepare a new will, otherwise the house will go to... 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

My mothers estate is still not settled after 5 years, to litigate the executrix who pays the costs?

Answered 11 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
Typically in an action against an estate, the attorney's fees are paid form the estate assets.  If in this case, you think the problem is some form of malpractice on the attorney's part, you can bring that as a separate action.  Five years is too long to resolve the estate.  You should put something in writing, and send it certified mail to the attorney to get an answer. ... Read More
Typically in an action against an estate, the attorney's fees are paid form the estate assets.  If in this case, you think the problem is some... 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 5 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 5 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 5 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

What happens when borrower is deceased and co-signer cannot afford to make payments on mobile home loan?

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
You can advise the loan company of the death and try to renegotiate a new loan on your own.  However, if the co-borrower is deceased, and you cannot afford to keep up payments, I don't know if you will be able to qualify for a new loan.  
You can advise the loan company of the death and try to renegotiate a new loan on your own.  However, if the co-borrower is deceased, and you... 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

do my children have rights to their fathers home if no will but remarried?

Answered 11 years and 6 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
Yes. If there is no will, your children have an interest in their fathers total estate including the house.
Yes. If there is no will, your children have an interest in their fathers total estate including the house.

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 law

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
Yes- more than one attorney can represent an estate.  If one of the co-executors chose another attorney, the other co-executors can continue to use the original attorney.  This can happen if the co-executors are not all in agreement.
Yes- more than one attorney can represent an estate.  If one of the co-executors chose another attorney, the other co-executors can continue to... Read More

question about california small estate affidavit

Answered 11 years and 7 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
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
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... Read More

quick deed wrong date

Answered 11 years and 7 months ago by attorney Jonathan Howell   |   1 Answer
Hi, If you think that your mother signed the deed under duress and that she was suffereing from dementia at the time that she signed the deed you may have the ability to set the deed aside. When was the deed signed? Is your mother still living?  Thanks,Jon
Hi, If you think that your mother signed the deed under duress and that she was suffereing from dementia at the time that she signed the deed you... Read More

Im a benefator in a will, do I haae the lagal right to a copy of the will and death certifacate

Answered 11 years and 7 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
I would say you have a right to a copy of the will certainly. However, I am not sure about the death certificate. I am not aware of any law that would give you that right. It's possible your attorney could get you one though. You might ask them about that.
I would say you have a right to a copy of the will certainly. However, I am not sure about the death certificate. I am not aware of any law that... Read More

My mothers companion of 25 years passed. His trust indicates all vehicles/vessels go to his sons. (When trust was made he owned multiple trucks/boats.

Answered 11 years and 8 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
I would say your mom gets the vehicle that is jointly owned. Since the vehicle is not in the trust the trust does not dictate where the vehicle goes. 
I would say your mom gets the vehicle that is jointly owned. Since the vehicle is not in the trust the trust does not dictate where the vehicle... Read More

Is there a statute of time on filing a new deed after someone passes away?

Answered 11 years and 8 months ago by attorney Mitchell Allan Port   |   1 Answer
Nope, there is no statute of limitations to file a new deed.  However, until a new deed is recorded, the survivors have no power to exercise over the property.  That means the survivors can't sell, refincance, collateralize, or do anything else with the property.
Nope, there is no statute of limitations to file a new deed.  However, until a new deed is recorded, the survivors have no power to exercise... Read More

If I own a percentage of a house my deceased parents put in their revocable trust . Do I have a legal right to protest who can buy this house?

Answered 11 years and 8 months ago by Darren R. Cook (Unclaimed Profile)   |   1 Answer
The answer would depend on the terms of the trust.  If the trustee has authority to sell the property then you probably do not have a right to object.  Have you discussed your concerns with the trustee?  
The answer would depend on the terms of the trust.  If the trustee has authority to sell the property then you probably do not have a right to... Read More

Who gets the $ in a T.O.D. acct, designated to my brother, in the event I get divorced. Would my brother still get the money, and not my spouse?

Answered 11 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
Once you are divorced, its as if your spoue pre-deceased you.  However, if those funds are in your name currently, then those funds are counted as your assets and may be included in the calculation of equitable distribution unless you can prove that those assets were not yours, and that they are being held by you. ... Read More
Once you are divorced, its as if your spoue pre-deceased you.  However, if those funds are in your name currently, then those funds are counted... Read More
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