California Probate Legal Questions

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472 legal [2, *]questions have been posted about wills and probate 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 living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
California Probate Questions & Legal Answers - Page 2
Do you have any California Probate questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 472 previously answered California Probate questions.

Recent Legal Answers

Calif trust Law.

Answered 4 years and 6 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
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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 Answer
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... Read Answer

Son passed away and his father wonโ€™t split his belongings

Answered 4 years and 6 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
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You rights are equal to your ex-husband, assuming your son had no will or trust.  Your son's children or siblings, could also have rights.
You rights are equal to your ex-husband, assuming your son had no will or trust.  Your son's children or siblings, could also have rights.
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Sounds suspicious.  You should in deed be getting the settlement money since your brother died intestate (without a trust or will).  Do you have the case number?  I would begin by looking at what was filed in the case.  I would also like to see the settlement agreement.
Sounds suspicious.  You should in deed be getting the settlement money since your brother died intestate (without a trust or will).  Do you... Read Answer
Hello.  I will take a look at all the docs (deeds and will) and let you know.  no fee unless i take it
Hello.  I will take a look at all the docs (deeds and will) and let you know.  no fee unless i take it

Family law

Answered 4 years and 9 months ago by attorney Bruce Robins   |   1 Answer
First, your parents' "last wishes" may have some moral force with your siblings, but have no legal effect unless they expressed those wishes in a valid will.  Assuming that your parents owned the house jointly (i.e. either as joint tenants or tenants by the entirety, which is usual with married couples) so that the survivor of the two of them would inherit the house upon the other's death, and owned it  outright,( i.e. with no one else on title, the house was not owned by a trust, etc.) and that there was no will. and that all of their children are living, each of their surviving children (assuming they had no children of other relationships) would inherit 1/5 of the house.  This means that you own 1/5 of the house and that your siblings cannot do anything with it without your consent (or a court order).  However, unless California law is different than the law in the states in which I practice, that doesn't give you the right to live there rent free.  As you can see, there are some complex issues here, and you should probbably consult a California lawyer.... Read Answer
First, your parents' "last wishes" may have some moral force with your siblings, but have no legal effect unless they expressed those wishes in a... Read Answer
It sounds like you do not need to probate.  If the property was held in joint tenancy with your deceased sister, you and the surviving sister(s) own the house together; automaticaly.  Give me a call or drop me a line if you need more assistance.
It sounds like you do not need to probate.  If the property was held in joint tenancy with your deceased sister, you and the surviving sister(s)... Read Answer

What should I do?

Answered 4 years and 9 months ago by Penelope Sue Park (Unclaimed Profile)   |   1 Answer
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The Will does not apply because your father designated you as the beneficiary on the IRA account.  The Will only applies to assets that remain in your father's estate after all non-probate transfers occur.  Yes, you should either open an account or contact an independent financial advisor and accountant to consider all other options for rolling the asset over to another institution.  Please consult with an Estate Planning attorney to do a comprehensive evaluation of your father's entire estate and your unique situation.   Best of luck.... Read Answer
The Will does not apply because your father designated you as the beneficiary on the IRA account.  The Will only applies to assets that... Read Answer

How to prepare a note for a friend.

Answered 4 years and 10 months ago by attorney Bruce Robins   |   1 Answer
You can write whatever note you want, but if anyone contests your friend's ownership of the property you leave, the note won't be worth the paper it's written on.  If you want your friend to inherit your property after you die, you have to so provide in a validly executed will.  Alternatively, you could prepare an instrument giving it to him now but retaining a life estate for yourself, but that is probably a bigger hassle than simply preparing and executing a will.... Read Answer
You can write whatever note you want, but if anyone contests your friend's ownership of the property you leave, the note won't be worth the paper... Read Answer
do yiou have anything in writing allowing you to stay there?  Even an email or a letter or text?  How long have you been renting the place?  No, they should not have the right to do those things if they let you rent to begin with.
do yiou have anything in writing allowing you to stay there?  Even an email or a letter or text?  How long have you been renting the... Read Answer

What can I do

Answered 4 years and 11 months ago by David Alan Schechet (Unclaimed Profile)   |   2 Answers
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The starting point is to read the will.  This will most likely let you know both your sister and your rights and obligations.  Has the will been submitted to probate?  If not, why not?
The starting point is to read the will.  This will most likely let you know both your sister and your rights and obligations.  Has the will... Read Answer

Can wife of Alzheimerโ€™s husband change his trust he made when he was competent

Answered 5 years ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
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You must read the terms of the original trust.
You must read the terms of the original trust.

What do I need to do?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
The debts are the debts of your uncle's estate.  They are not your debts.  The creditors can try to probate his estate if they think it can reimburse them.
The debts are the debts of your uncle's estate.  They are not your debts.  The creditors can try to probate his estate if they think it can... Read Answer

dead stepfather's car.

Answered 5 years ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer
You can find on the internet/google an "Affidavit for Collection of Personal Property."  You should complete the form and have his son sign the form.  Then the Son needs to sign also a Bill of Sale.  You can take both to California Department of Motor Vehicle and have the title transferred to you.  Bless you for taking care of his body!!  You're outstanding and you should remind the son that you did all of those things for your father.... Read Answer
You can find on the internet/google an "Affidavit for Collection of Personal Property."  You should complete the form and have his son sign the... Read Answer
Yes.  Occupancy and paying taxes give no right of ownership. Your older sister would do well to gift the home to you while she is alive or sign a Will gifting it to you on her death.
Yes.  Occupancy and paying taxes give no right of ownership. Your older sister would do well to gift the home to you while she is alive or sign... Read Answer
Your description does not give the date on which the Court appointed your sister executor.  A number of months after her appointment (it varies from state to state), any beneficiary is permitted to demand an accounting.  If that accounting shows wastage of the estate (by not collecting rent and by not promptly selling the house), you can ask for the executor to be replaced, evict the squatters and sell the house.  Please consult a local probate attorney.... Read Answer
Your description does not give the date on which the Court appointed your sister executor.  A number of months after her appointment (it varies... Read Answer
The wife may have an ownership interest in the home.  Consult a local probate lawyer.
The wife may have an ownership interest in the home.  Consult a local probate lawyer.
From your description, the car has great sentimental value but you do not have the money to pay off the loan.  Take a picture of the car.  That will last longer anyway.
From your description, the car has great sentimental value but you do not have the money to pay off the loan.  Take a picture of the car. ... Read Answer

How do u start probate

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Find the Will and take it to a local probate attorney.  If there is no Will and no recorded deed, you are out of luck.
Find the Will and take it to a local probate attorney.  If there is no Will and no recorded deed, you are out of luck.
You must be represented by a probate lawyer who practices i the county in which the person lived and died. 
You must be represented by a probate lawyer who practices i the county in which the person lived and died. 
You must be represented by a lawyer.  California sets the fees based on the size of the estate.  The local probate court or state bar should have a chart to which you can refer.
You must be represented by a lawyer.  California sets the fees based on the size of the estate.  The local probate court or state bar... Read Answer

Non-biological child trying to inherit estate

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Given the facts you state, you should be able to rely on the Court to rule that the child is not a child of the deeased -- unless he also took her into his home to raise as his child.
Given the facts you state, you should be able to rely on the Court to rule that the child is not a child of the deeased -- unless he also took her... Read Answer
Ask the person to sign a disclaimer.  Note that you are a bailee (someone who is storing something for someone else) and that the property will be considered abandoned if not claimed withint 30 days.  Send the letter CM RRR and keep a copy.
Ask the person to sign a disclaimer.  Note that you are a bailee (someone who is storing something for someone else) and that the property will... Read Answer
A Will has no legal effect until it is admitted to probate.  You may be named executor in the Will but you are not the executor until a court appoints you and issues Letters Testamentary.  Some states permit small estate petitions but generally only when there is no Will.  Please discuss your situation with a local probate attorney.... Read Answer
A Will has no legal effect until it is admitted to probate.  You may be named executor in the Will but you are not the executor until a court... Read Answer
Hire a probate lawyer who handles fiduciary litigation.
Hire a probate lawyer who handles fiduciary litigation.

how do i open an estate account for my dad

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Depending on how much your father left, your choice is among (1) letting the funds go to the state comptroller and in four to six years (It varies by state) prove that he had no spouse and that you are the heir and the only heir; (2) filing a small estate affidavit (an "informal probate" with no hearing); and (3) filing an application for determination of heirship and issuance of letters of administration.  Contact a local probate attorney to discuss which option works best in your situation.... Read Answer
Depending on how much your father left, your choice is among (1) letting the funds go to the state comptroller and in four to six years (It varies by... Read Answer