California Probate Legal Questions

Hi Augustin, Sorry for your loss. How many siblings do you have and was your father married at the time of his death?  Was he the sole owner of his home? What are your family members trying to do and how are they related to you?  With a bit more information I can give you some guidance. Thanks,Jon... Read Answer

That typed letter does NOT meet the requirements for a "holographic will." A holographic will must be written entirely by the deceased person in their own writing. But you can try to submit it for probate. If no one objects, and particularly if you have other neighbors who can testify that you had a very close relationship with the person who died, the judge might admit it to probate. If you're the one filing for probate, you would at least be entitled to the executor's fee, even if the judge rejects the will and orders the estate given to the closest relatives.... Read Answer

You should have received a copy of the trust and an account of the trust.  The successor trustee should take over the trust.  And yes, you should seek to bring an action for breach of fiduciary duty against the deceased trustee's estate.  Call or email an attorney for a full consultation.... Read Answer

The executor or trustee (it's not clear which this person is) has to follow the directions left in the documents. However, other laws and rules also apply. If there are tenants who have a lease, they are entitled to stay until the end of their lease. They should be notified to begin paying their rent to the estate or trust, rather than directly to your father. If they are on month-to-month status, they should be given a 30-day or 60-day notice (whichever is appropriate based on how long they have lived there), so that the property can be sold.... Read Answer

The answer to your questions depends on how title is held to the property.  If you and your mom held title as joint tenants, then you would receive the property.  If you were both on title as tenants in common, then a probate proceeding would be required for her half of the property. If only your mom was on title, then it would depend on how you can show your interest in the property and whether your mom's interest was community property or separate property. If community property, then your dad would get her interest.  If separate property, then you dad would get 1/3 and your mom's children would get 2/3. Sound complicated?  It is.  Please contact an attorney for a full consultation.... Read Answer

All property is valued as of the date of death.  If the decedent died in 2002, then you would use the fair market value as of that date.  To verify the value, you must get an Inventory and Appraisal from a probate referee in the county where the house is.  Contact an attorney for a full consultation.... Read Answer

  Hi Rachel, When you say you were left an inheritance are you saying that your name was misspelled in the will? What were you to receive and what has the executor of the will told you? It does not make sense that you would not receive what was left to you simply because of a misspelling so long as it is clear who the will was referring to. Thanks, Jon... Read Answer

You can check to see if you were named as a beneficiary under those financial accounts.  You would call the financial institutions and tell them your name and your father's name.  If you are a beneficiary, then you will need a certified copy of his death certificate. If your father did not name a beneficiary for those accounts, then you may have to file a probate petition to transfer those financial accounts to his heirs.... Read Answer

I gather that your wife has died. I'm so sorry for your loss. You cannot directly claim the insurance. Call the insurance company and see whether they're willing to pay the money into an UTMA account (Uniform Transfer to Minors Account) for her benefit. If they are, they may insist on the money being hers at age 18, even though the law allows later ages to be used. If they are not willing to do this, they may require that a financial guardianship be set up through the court, with annual accountings to the court required. They would then pay the money into that guardianship account. This is why minors should never be named directly as primary beneficiaries of insurance, pensions, etc. If the two of you had set up a trust, it could have provided for a sub-trust for your daughter's benefit, and the proceeds could have been directed to that sub-trust.... Read Answer