California Probate Legal Questions

Hello.  I am sorry to hear of your bad experiences.  Yes, we can help you.  We are very experienced in estate litigation.  There are various causes of action in addition to fraud and elder abuse which can aid your case.  Please reach out to me and we can discuss the details of your matter.   Jeff Czech.  Czech & Howell, APC jeff@czechandhowell.com... Read More

If a probate of the case was opened, it would be public record. Inquire of the probate court in the county where decent lived when he died.  If there is no probate case, you might petition to be the admin of your father and or husband.  Once appointed you can ask for any infomraiton that decedent might have obtained while he was alive. See a probate attorney.... Read More

In Florida, the tag agency may transfer the car without a Probate Order. In many cases with the death certificate and a transfer form. Since there is no will, they should go by the California intestate rules. I am sure, you want to avoid the Probate (inheritance court) expense. I am a Florida attorney and not a California attorney, but I would try to transfer the title first with the tag agency/ DMV.    ... Read More

A spouse, whether married for a day or over 20 years, is entitled to an elective share of the deceased spouse’s estate. This right applies even if the will disinherits the surviving spouse. The elective share means that the surviving spouse can either accept what is provided for them in the deceased spouse’s will or, if the will either grants them property or excludes them entirely, they are entitled to automatically receive at least 30–35% of the deceased spouse’s estate. The only exception is if a prenuptial or postnuptial agreement explicitly excludes the spouse from claiming an elective share, and the spouse has legally executed the agreement.     ... Read More

Hello.  An attorney will have to review your documents, but it sounds like you do not have to  quickly leave the house if you dont want to.  It does depend on how title is held with the grandson and what the terms of the trust are.  Did she leave her half of the house to you as a beneficairy of a trust or are you a surviving joint tenant?   The answer to that question will dictate your next move.... Read More

Most states have homestead protection for the surviving spouse that allows said spouse to have a life estate possessory interest in the deceased spouse home. This would be despite any contractual agreement with a third party to the contrary. Confirm with a probate attorney for specific advice to your situation. ... Read More

It's always a good idea to plan ahead.  Unfortuantely, it's not easy to answer your question definiteively without more information.  As much as we'd like to answer your question, we wouldn't want to make any assumptions in making any recommendations and lead you astray. Generally speaking, it's a good idea to set up a living trust.  Trusts are the best way to avoid probate and provide for a seamless administration of an estate.  That said, not all situations call for a trust.  It depends on various factors.  We suggest contacting an estate planning attorney, preferably in the state where your brother holds his assets.      ... Read More

Hello.  Yes, a "piece of paper" may be a valid will.  It has to be signed but not notarized; even better if written in the deceased's own hand.  This is called a "Holographic" will in CA.  Do you have a copy of this paper?  If so, you may be able to petition the court for probate of your Aunt's estate.... Read More

If a person dies without a will, then under most state laws, the property of the decedent would pass under intestate succession. This means that the property would pass to the blood relatives that are closest to the decedent, which would be the wife and any children that the decedent had. If the decedent cut you out of the will, then under most state laws you would be entitled to nothing. ... Read More

Your father-in-law's estate must be probated.  The sooner the better so that you can save the house.  Your spouse will become an equal owner of the house with his/her siblings.  In order to help, I would need to see how title to the house is currently held, and would need to know if he own it with his spouse, etc.... Read More

Sorry for your situation.  I would need to see the title to the house she bought for you, and all the related documents.  Is title in your name or in the name of her trust?  Of course, I also see the lawsuit that she filed.  At this point, you have no choice but to respond to the complaint.  ... Read More

More information is needed.  Did your father notify the Department of Motor Vehicles that upon his death the car should go to you?  Are you the only child?  If so, the car will become yours, but probate must be initiated.  What is the home worth? What is the amount of the mortgage?  If there is equity you better begin probate ASAP to protect it from a foreclosure sale.... Read More

It all depends on how title was held.  If it was held as joint tenants, then you now own the property all by yourself.  If it was held as tenants in common, or if it was silent, then the beneficiaries of their estate become partners with you.  I would need to see exactly how title was held in order to give you better advice.... Read More

Hi, You are now responsible for protecting the assets of the trust for the trust's beneficiaries.  You need to pay the insurance, taxes, mortgages, utilites, etc.  You probably have the right to sell the homes as well.  I would need to see the trust to give you better adivce.... Read More

I am sorry for your loss.  You have not asked a question, but I assume you want to know what to do with his belongings and property.  If his belongings are in a trust that he created, the terms of the trust control.  If there is a will, or there is no will, you will have to go to probate court, unless it is a very small estate.  I will need more information in order to help you.... Read More

Most likely two wills were made. Your mother had her will, and your father had his will.  Usually a will can be revoked and changed whenever desired.  However, sometimes it can be argued that one's will was made on reliance of the terms of one's spouse's will; and, therefore, the wills cannot be changed.  More facts are needed, and the wills need to be reviewed.... Read More

Hi, It should be easy to transfer the  judgment to your name since you are the trustee.  BUT that is assuming the judgment was part of the trust.  I would need to read the trust.  Otherwise, you might have to go to court to change the name of the judgment creditor.  How fast this can be done also depends upon the amount of the judgment.   I also happen to do a lot of collection work.  Is the judgment still valid?  When was it entered? Was it renewed?   I would need more information to give you difinitive answers.... Read More