California Probate Legal Questions

If you have an inheritance, who passed away and how are you entitled to the inheritance?  And where did the person live when he/she passed away?  If he/she lived in Los Angeles, then you can properly bring a probate peititon in Los Angeles and have anxillary jurisdiction in Switzerland.  Your attorney in Los Angeles would have to retain counsel for you in Zurich. Contact an attorney for a full consultation.... Read More

You might be able to get the bank account funds, but you would have to be the only heir and all property of your mother, including the bank account, would have to be less than $150,000.  If your mother had a house or other real property, then you would need some type of probate proceeding to transfer the real estate.  Contact an attorney for a full consultation.... Read More

It is probable that the court will not admit the will to probate if the two witnesses were beneficiaries under the will.  Without a valid will, the estate is intestate and the laws of intestacy will control.  If the decedent was not married, then the next heirs would be the children, equally.  If a child predeceased the decedent, then the children of that child will take his or her place.... Read More

Your uncle may need a probate lawyer to administer the estate in San Bernardino County, California.  You would sign an appointment of administrator and assignment of interest in the estate.  You can also waive notice so that your uncle doesn't have to send you notices of the probate proceeding.  Call an attorney in San Bernardino County for a full consultation.... Read More

An action for quiet title is complex, and you'll need to go over your specific facts with an attorney.  Besides quiet title, other causes of action are typically brought such as slander of title, declaratory relief, accounting, and others.  You'll have to have substantive law on your side, and then you'll have to complete all of the procedural law to prevail on a quiet title action.  Contact an attorney for a full consultation.... Read More

  I have never heard of a lost child clause.   People can leave their assets to whoever they want.  If a parent does not leave a Will, the law of intestacy applies and will distribute probate assets among living children and grandchildren of deceased children.  But this is only the case when there is no valid Will.  Your dad's assets are his and he has the ability to write a Will that leaves them to whomever he wants when he dies.  ... Read More

You absolutely can require that your home be sold and the proceeds divided equally between your sons.  But you need to appoint someone to do that.  Someone needs to have the legal ability to represent your estate in the sale, sign the contract with the broker, sign the deed of sale, etc.  You could name both sons to serve as co-executors, or a third party, who would have the ability to be paid for their time and expenses.  Naming an attorney is not an ethical violation in most cases, but it will cost you more money.   There is always the possibility that your sons will disagree - on the listing price, the timeline, whether to include appliances in the sale.  While there is no way to prevent all disputes, you can provide a mechanism for solving them.  For example, you can require that the house be listed within 120 days of your death for a price to be determined by the average recommendation of two licensed brokers.  You can require that the broker's recommendation will prevail on issues upon which your sons cannot agree.  You can name a broker or provide for how one can be chosen.  You may want to state that the house can be rented after your death, including by your sons, upon terms to which they both agree or otherwise at a rent to be determined by the broker and subject to that broker's standard lease.  There will be a period of time after you die when the house will sit empty but cannot yet be sold, because there is no executor yet or because sale takes time, and one relative living in a house without paying rent is a common source of conflict.  You also can add a provision in your Will that anyone who challenges your Will and does not prevail will lose their ability to inherit anything under the Will, called a no contest clause.   One final, legal note:  a beneficiary has the legal ability to challenge how a Will is being administered, and an executor has a legal duty to follow the terms of the Will.  Executors can be removed if they are negligent or ignore their duties, or can be ordered by the court to perform certain duties by a certain date or with court supervision.  One final, practical note:  talk to your sons about your concerns and tell them your plans to prevent conflict in the hopes that they will work together once you are gone.  Good luck.   ... Read More

From what you have described, next of kin (heirs) is all of your grandmother's grandchildren.  If your grandmother had other children besides your mom who passed away, their children would be included.  If you have any siblings who passed away and left children, those children will be entitled to their deceased parents' share. ... Read More

I'm sorry for your loss.   Property that your mother owned jointly with her boyfriend became his when she died so he had the ability to sell it and keep the proceeds if that is the case.  Alternatively, if your mother was the only owner, it became estate property when she died and is subject to the laws of intestacy, which provide that everything is distributed equally among children if the person who died was not married.  This is assuming that they did not register as domestic partners.  Ownership of a mobile home is determined by the title certificate.  Personal items in her home that were not owned jointly with her boyfriend also are considered estate property and should be distributed to her kids.  There are no special rights for the first born, and also if you have any siblings who have died but left children, those children are entitled to their deceased parents' intestate share. It sounds like you and your siblings may be entitled to your mother's personal property.  You could file something in probate court to require her boyfriend to turn it over, but I would suggest trying to work it out with him directly first.  There also is nothing to stop you from buying and placing a stone or monument in her cemetary plot, although if there is no money in her estate you would have to pay for it.  Again, if he is not a registered domestic partner, you and your siblings probably had a superior right to his to determine what happens with your mother's remains, but that may be better solved by talking it out.  Maybe he would be willing to use part of the sale proceeds to pay for this.  A lawsuit probably would cost you more money than you could hope to recover, and also would be an emotional and stressful experience.  Good luck.     ... Read More

I understand that she owned a home and may be entitled to homeowner's insurance proceeds from a fire.  You will have to file a probate petition in the county where she lived to administer her estate and claim the insurance proceeds to fix the fire damage to her house.  Contact an attorney for a full consultation.... Read More

Notice is required to be sent to all heirs, whether or not they are named in the Will (if any) or are entitled to part of the estate by the law of  intestacy (if there is no Will.)  The petition should indicate whether there is a Will.  Probate filings, including the Will, are public and may be available online.  If a sibling is receiving notice, it probably is because the brother was not married and left no children, or that she was named in his Will.  Your mother-in-law does not need to attend the hearing in order to receive an inheritance.  The fact that a petition is filed, and thus the probate court involved, is a sign that the estate will be handled correctly.  She could hire a lawyer to represent her and attend the hearing and take any actions on her behalf that may be required.  Hearings also are public so she could have someone attend and tell her what happened, although they would not be able to participate.  The hearing may be about a simple issue, such as appointing a personal representative of the estate, or could be regarding a conflict, such as whether the Will is valid.  Take a look at the petition to see whether it includes any details of what the hearing is about, and see if you can review the probate filings, either online or by contacting the court and requesting copies.  The issue of whether your mother-in-law needs to have an attorney for the hearing depends on what the hearing is about, whether or not she is entitled to a share of the estate, and whether or not her entitlement could change depending on the outcome of the hearing.  For instance, if the Will states that she is to be given money but someone is challenging the validity of the Will, she may want an attorney there to argue that the Will is valid.  Good luck. ... Read More

Hi Sandy, Whoever has the original will is required to lodge the will with the probate court in the county where the decedent lived within 30 days of death.  However, since there is no penalty for not doing so, it is common for the holder of the will to not comply with this requirement. You can begin a probate petition with a copy of the will, and explain that someone else has the original.  Alternatively, you can file a probate petition that the person died without a will.  Last option is to file a petition for the person to give you a copy of the will, if you are a beneficiary of the will.... Read More