California Probate Legal Questions

It would not be legal for a paralegal to help you with paperwork; that would be what is called unauthorized practice of law. You can probably locate a competent lawyer who will handle the probate for a negotiated fee which is less than the statutory fee. But I see some red flags here. There are multiple inheritors, but no intent to sell the house? I would think whoever does not intend to live in the home would want their share in cash. You should be aware that if siblings inherit the home jointly, and say, three out of four siblings agree to give their share to the fourth, 3/4 of the home will be re-assessed for property taxes. So I would strongly advise you to work with an attorney. There are steps which, if taken in the right sequence, can help with the property tax issue.  ... Read More

If you are owed money from the estate, such as child support or spousal support, then you have to make a creditor claim against the estate and file an 850 petition against the trust for the funds owed to you.  You have a limited period of time to do this.  Contact an attorney for a full consultation.... Read More

Without reading the will, it's difficult to answer your questions.  If you disclaim your interest, then you will be treated as having predeceased your father, and you will have to check the will to see what happens.  You can distribute the house to yourself and then gift it to your sister.... Read More

If you pass and give the guns to your spouse, then it is up to your spouses estate plan to dispose of the guns.  You cannot then give the guns to you son upon your spouses passing. Alternatively, you can give the guns to your spouse, but if your spouse does not survive you then give the guns to your son.... Read More

I'm sorry for your loss of your husband. In general, a step-child does not inherit unless they're named in a will or trust. There is an exception if he would have adopted her, but the father wouldn't release her for adoption. But she would have to prove that. If your husband raised her, it would be kind to offer her some personal items to remember him by.... Read More

Unfortunately, if there was a probate or distribution from a trust of the estate back in 1995, then it is too late now to see if you should have received an inheritance.  You've missed the statute of limitations. If you were a beneficiary of a will or trust, or even if your grandfather didn't have a will or trust and you were entitled to a share of the estate, then you would have been notified.... Read More

Or all of the above.  In probate court, there is more than one petition that will accomplish the same thing.  You can file a spousal petition, an 850 petition, an opposition, or a creditor claim.  You should hire an attorney to go over your facts and filing one or more of the petitions.  This is not a DIY project.... Read More

I'm sorry for your loss. It sounds like you and your sister were close to your aunt. Hopefully, the executor is a close friend, family member, or attorney who will begin handling your aunt's estate as soon as possible. If there is a trust, the trustee has 60 days to send notice to all heirs at law and beneficiaries. Beneficiaries are the people named to receive assets, whether related or not. Heirs at law are: (1) spouse and children; (2) if no spouse or children, parents; (2) if no spouse, children, or parents; then (3) siblings and their children. Heirs at law and beneficiaries are entitled to receive a copy of the trust, but will often have to request it from the trustee. As another attorney mentioned, it is quite early yet. Relax a little, mourn your aunt, and wait. If you are an heir at law, after 45 days you could begin making some inquiries if you haven't heard anything.... Read More

Does she only have a will? Or a trust and a pour-over will? It's important to be sure she knows which she has. Whatever document(s) disinherit your brother should be legally amended, with all proper signatures/witnesses/notary stamps as required. Or a completely new will (and trust, if needed) can prepared. This might be a good time for her to review all her documents, and be sure all the people she has named, both to receive property, and to act as her agents, are still the ones she wants now.... Read More

If you were all joint tenants, then you can record an affidavit of death of joint tenant with a certified copy of the death certificate and a preliminary change of ownership report to remove your mother from title. However, if you were tenants in common, then you would need some type of probate action, depending on the value of your mother's interest in the property.  If the vesting doesn't specify, then California law presumes that you were tenants in common.... Read More