California Probate Legal Questions

Different counties do it differently but in most counties if the tentative ruling is recommended for approval than it will be approved... unless somebody shows up to object or unless the Judge has a question. Neither of these is typical of course. Assuming you do not have an attorney then you might consider showing up out of caution as you would hate to get a continuance in the unlikely event that something happened in court. I have seen RFAs changed in court!  Good luck. -John... Read More

I sympathize with your situation and I'm sorry that you have found yourself in this litigation. You'll have to provide for your defense in this partition action.  However, there are really no defenses in a partition action.  Every co-owner has a right to partition and the more you fight the more expensive it is for everyone.  You may be entitled to a portion of the proceeds of the sale of the property, but the more you fight, the smaller those proceeds will be. You're not going to be able to delay this case for a year or two on your own.  You're not going to be able to provide an adequate defense on your own.  You need an attorney or you should just consent to the sale and get it over with.... Read More

Very likely a full probate can be avoided. The likely easiest thing is to use the Department of Housing forms to transfer the mobile without probate. If there is also the land, under the mobile, in her name then some sort of probate court procedure will be needed. The most likely options: 1) Under $50k affidavit procedure if the dirt is worth under $50k 2) Spousal property petition 3) Under $150k if property worth between $50k and $150k and the SPP won't work for some reason 4) Full probate I should think #1 would work though... as long as the dirt is valued at under $50k. Just the dirt as the mobile itself passes by the DHS forms. Good luck. -John... Read More

Did your father live in California when he died?  Is the property located in California?  Is there a probate action or ancillary probate action in California? Under California law, you are not entitled to a copy of the will unless you are a beneficiary under the will.  But then the problem is, how do you know if you are a beneficiary under the will if you haven't seen it?  If there is a probate action, then the will has to be submitted to the probate court.... Read More

You would need a copy of the will.  Do you know where or can you find out where it is kept? You will need your mother to sign a durable power of attorney for finances for you to handle her financial matters, and an advance health care directive for you to make medical decisions for her.... Read More

If your aunt has a will, then that controls.  If your aunt has a trust and the property is in the trust, then that controls.  If she dies without a will or a trust, then the heirs of her estate are determined by the laws of intestacy according to the location where the she is living when she passes away. To determine heirs under the laws of intestacy, it would depend on who is living at the time of her death.  Does she have children, grandchildren, is she married, are her parents living, does she have siblings, have any of the people mentioned died before her?... Read More

I understand your facts to mean that your father owned a property in the name of a revocable trust that named you as the beneficiary upon his passing. After your father passed away, you were the owner of the beneficial interest in the house. Now you would like to transfer the property from the trust into your name. Is this correct? When your father passed away there should have been a probate proceeding and all final tax returns should have been filed and any taxes due paid along with the winding up of his estate. There shouldn't be any the estate taxes due on the transfer of the property from the trust to you. You should have received a step-up in basis to the fair market value of the property at the time of your father's passing. You also received the property by operation of law under the trust at your father's passing, and you should have filed a parent child exclusion from reassessment of property taxes at that time. If you haven't done some of these procedures, then you should contact an attorney to assist you.... Read More

Did your father and your stepmother have an estate plan? Either a living trust or wills?  When you stated that your dad left everythin to your stepmom do you know that for a fact?  A little bit more info will go a long way to allow me to provide you with a coherent answer. Thanks,Jon... Read More

First of all, I am sorry for your losses. Probating the will is no problem. If all the named executors are deceased then we would do a petition for probate administration with will annexed. One of the other beneficairies could serve as a administrator or a professional fiduciary could do it. We handle these matters throughout California. If you call me this morning I would be happy to answer specific questions. -John... Read More

It really depends on the client. A will costs less money now and more money in the future... way more. For most people that's enough of a reason to get a trust. With the trust you pay a little more now but save significant money in the future for your loved ones. A will is public and a trust is private. Most people prefer private but some people don't care. Since probate (which is avoided with a properly funded trust) is more costly the bigger the assets this helps drive wealthier people to the trust. It can become quite dramatic as your assets go up. For example, let's say you have a $500,000 house with a $400,000 mortgage. Let's say you have essentially no other assets for simple math purposes. A trust will cost you $2,500 (approximately) now and your loved ones will pay little, or nothing, after death. A will, on the other hand might only cost $1,000 now but the probate after death will cost over $15,000 (just attorney fees and Court costs). A $1,000,000 probate is over $25,000 in attorney fees and court costs. The wealthier a person is the more the trust makes sense. However, in my opinion, even at a modest $200,000 level the trust makes significant sense since a probate would cost almost $9,000 between attorney fees and court costs. Plus, probate is a long process that most people would prefer avoiding for their loved ones. I hope this helps. -John... Read More

You just need to have your mom (next of kin) do a California probate code 13100 small estate affidavit. Google those words and you'll find a free form. I have one on my website, http://www.californiaprobate.info/practice-areas/sacramento-estate-planning-lawyer/free-resources/  Mom would then be liable for debts BUT only up to the extent she received funds ($2,000). The unsecured creditor is not likely to go after mom for the two grand. No need to publish. -John... Read More

First of all I strongly encourage you to hire a probate attorney. The money they cost will save you money and time and anguish. Really. There are so many ways a lay-person or even a non-probate attorney can cost themselves money. Second you probably want to ask for BOTH of those things you ask about.  Letters of administration is just the general thing you are asking for and the IAEA authority is an add-on but always requested.  If there is real estate you should ask for "full" authority under IAEA. If not real estate then limited is fine. Good luck. -John... Read More

For a creditors claim (for before death claims) the one year is pretty solid. This would be any creditor whether named in will or not. However, a beneficiary of a will is still entitled to what the will provides to them even if after a year. There is no statute of limitation to extinguish a beneficiary's right to inherit what the will says they should get.... Read More

It really depends on how old this situation is. If this has happened fairly recently you most certainly have the ability to file suit against your brother.  The threat to disinherit is largely a hollow one, because your brother has a legal duty to account to the beneficiaries and that clause would be thrown out if he has done anything improper. Let me know if you would like to discuss this. Thanks,Jon... Read More

It's hard to answer directly as you have a lot of directions you could go here. In general an original will is NOT required. A photo copy of a signed will can be filed for probate as a petition to admit a "lost will" to probate.  Additionally, even documents that do not meet all the legal requirements of a will can be admitted to probate in some cases.  As for the will itself there is no central state office, that I am aware of, where you would send a will to.  Normally the original will is "lodged" in the probate court of the county of death. There are lots of unknowns here. I would hire a probate attorney. -John... Read More