California Probate Legal Questions

If the mother in law died in Illinois, then a probate proceeding would be required for her estate in Illinois. Any inheritance from the mother's estate would be paid to the estate of her son. If the son lived in California, then depending on the type and amount of his property, including the inheritance from the mother, would determine what type of probate proceeding is required in California for the son.... Read Answer

You may have to speak with an attorney about this.  The facts are unclear if the property is held by an irrevocable trust, then a power of attorney wouldn't be able to revise the trust.  You'll have to look at the powers of the trustee in the irrevocable trust.  Please contact an attorney.... Read Answer

As Mr. Price said, the property must go through probate. Generally, unless there is a will which specifically states that the house goes to someone as a gift the home must be sold and the money divided. If some heirs want to keep the home as their share of the estate, they can try to work out an agreement with the other heirs. But that can only work if there are enough other assets in the estate so that everyone gets an equal share.... Read Answer

If there is a house which is not in a trust, you are not facing a "mini probate." You must do a full probate. Once letters are issued to an executor, the executor can sell the house. That procedure can be fairly simple or quite complex depending on whether the executor is able to administer under the Independent Administration of Estates Act (IAEA) or not. All funds, not just the funds for the deceased beneficiary's share, must be held by the executor in an estate account until all bills have been paid, at least four months have passed since the beginning of probate, and a judge has approved the petition for final distribution.... Read Answer

As Mr. Price said, disclaiming a gift will put her Medi-Cal at risk. Disclaiming a gift (letting it pass to the next generation) is considered to be exactly the same as receiving the gift and then giving it away. She must not do this. She can receive the inheritance if she has a first party special needs trust set up by an attorney. If she is 65 or older, her only choice would be to join a pooled special needs trust. Unfortunately, on her death Medi-Cal will get paid back for care they have provided. Please urge her to immediately meet with an attorney who specializes in crafting special needs trusts.... Read Answer

If I'm understanding your post correctly, one sister had your mother's home deeded to her when your mother may not have known what she was doing. Now an agreement has been reached that your sister will deed the home back to the trust and everyone will get their equal share. Any settlement is legal if all parties agree. Do you have tens of thousands of dollars to fight your bad sister in court? That's what court battles of this sort cost. There are dozens to hundreds of hours put in by the attorneys, and costs of paying for travel and for court reporters for depositions. You could possibly "win" by having the court take your bad sister's share away, but lose because the court battle could cost more than anything you gain in an inheritance. That would likely be why your other sister and her lawyer have agreed to this deal.... Read Answer

If the loan was in writing, and was not forgiven in your mother's will or trust, the trustee is obligated to go to court to get it repaid. If your brother refuses to go this, you can go to court to get him thrown out as trustee. f the loan was not in writing, the issue is much more difficult.  Was your mother competent when she borrowed against the home to loan money to your nephew? If she was not, you can sue the nephew on the grounds of elder abuse and undue influence. But the crucial question is -- does your nephew have any significant money? All the court judgments in the world are completely useless against someone who doesn't have assets.... Read Answer

California law presumes that any gift to a caretaker, even if a family member, is made under undue influence.  If your caretaker brother received the entire inheritance, then you can file a petition with the probate court to invalidate the trust.  Contact an attorney for a full consultation.... Read Answer

Best thing to do is to contact an attorney and discuss your case.  I'm concerned that you may not have renewed your judgment since 1997.  A judgment is only good for 10 years.  If you do not renew the judgment, it will expire and you won't be able to collect.  See the following information: http://www.courts.ca.gov/1180.htm ... Read Answer

Assuming that you are the heir to your mother's estate, you would have to initiate a probate proceeding to transfer her interest in the house, and any other assets, to you after paying off any creditors that she has.  Which probate procedure you use depends on the value of your mother's probate assets.  Call or email an attorney for a full consultation.... Read Answer

Since you have two different estates on your hands, the probate procedure that is required depends on the value and character of the assets in each estate.  This isn't something that you're gong to be able to figure out on your own.  You need an attorney.  Call or email an attorney for a full consultation.... Read Answer

I assume that your husband died without a will.  The answer to your question depends on what property you are talking about.  As the surviving spouse, you would be entitled to all community property and part of the separate property that your husband owned.  And, you of course would own all separate property that you owned.... Read Answer