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California Probate Legal Questions

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472 legal questions have been posted about wills and probate by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
California Probate Questions & Legal Answers - Page 16
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Wills and Probate
California

Recent Legal Answers

my husband and I have a living trust since 2004. We amended it last year. Doe this replace the distribution of assest in my original trust?

Answered 11 years and 3 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
I am sorry you are having such trouble with your husband's son. That is a common problem I hear about from clients. Will he challenge you after death?  Clearly nobody can predict that.  Whether he challenges it or not the change should still probably be done. If nothing else, to protect your step-son from his habit.  Some people put a nominal gift into the trust for drug addicts to put some teeth in the no-contest clause. So give him $5k for example. It's enough that he wouldn't want to contest the trust as he would want the money. However, hopefully it's not enough for him to kill himself from an overdose. I sincerely wish you the best of luck.  -John... Read More
I am sorry you are having such trouble with your husband's son. That is a common problem I hear about from clients. Will he challenge you after... Read More

who is responsible for outstanding credit card debt once the card holder has passed away??

Answered 11 years and 3 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
I am sorry for your loss. Generally speaking your dad's estate is liable for the debts. If there is no estate, since it's only life insurance, then arguably a creditor could open an estate and go after the life insurance money. This is not likely but it is theoretically possible.  Some people just pay the credit cards and other debts to avoid this possibility and/or because they believe their dad would have wanted his debts paid. In any event I believe your sister is technically correct though maybe not correct from a practical standpoint.  Good luck. -John... Read More
I am sorry for your loss. Generally speaking your dad's estate is liable for the debts. If there is no estate, since it's only life insurance, then... Read More

i was disenherited from my moms will, can i contest this?

Answered 11 years and 3 months ago by attorney Mitchell Allan Port   |   1 Answer
If the disinheritance was obtained as a result of undue influence or if your mom was not competent at the time you were disinherited, then you can contest it.
If the disinheritance was obtained as a result of undue influence or if your mom was not competent at the time you were disinherited, then you can... Read More

Father's unfinished living trust & pour over will.

Answered 11 years and 3 months ago by attorney Mitchell Allan Port   |   1 Answer
Your sister may be required by law to divulge to you what the terms of your father's trust is if you are named as a beneficiary.  You may have to bring a court action against her if she won't cooperate.  
Your sister may be required by law to divulge to you what the terms of your father's trust is if you are named as a beneficiary.  You may have... Read More

Do heirs need a lawyer for estate & probate?

Answered 11 years and 3 months ago by attorney Mitchell Allan Port   |   1 Answer
Yes, if your friend owned real estate in CA, then you'll need to open a probate in CA even if you also open a probate in NV.
Yes, if your friend owned real estate in CA, then you'll need to open a probate in CA even if you also open a probate in NV.

Use of a joint checking account.

Answered 11 years and 3 months ago by attorney Mitchell Allan Port   |   1 Answer
I don't think the amount in the account is relevant.  If the account is joint, then one person can use the funds without the other's consent.
I don't think the amount in the account is relevant.  If the account is joint, then one person can use the funds without the other's consent.

Hi can you tell please a ball park quote for a simple will of $100,000?

Answered 11 years and 4 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
I would say about $1,000 for the will and $2,000 for the trust.
I would say about $1,000 for the will and $2,000 for the trust.

Question about distribution of a living trust for a rental property

Answered 11 years and 4 months ago by attorney Mitchell Allan Port   |   1 Answer
Whether you are entitled to income depends on the language of the trust.  What you quoted is not enough to know whether you get income.  Take your trust to your attorney and see what he/she finds.
Whether you are entitled to income depends on the language of the trust.  What you quoted is not enough to know whether you get income.... Read More

Can I set up a will for a home that has a co-signer?

Answered 11 years and 4 months ago by attorney Jonathan Howell   |   1 Answer
I am assuming that what you mean is that your mother and brother are the co-owners of the home. The best way for you to set up the transfer would be to have your mother establish a living trust. A trust would allow you to have control over the property immediately without the need of going through probate. Otherwise, the transfer can simply be made through a will, but you would not be able to avoid probate through that process. Jon... Read More
I am assuming that what you mean is that your mother and brother are the co-owners of the home. The best way for you to set up the transfer would be... Read More

No will or trust

Answered 11 years and 4 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
My firm does probate work throughout California and often can front all costs. It really depends on the facts of the case. Please call me today so we can discuss your case.  -John
My firm does probate work throughout California and often can front all costs. It really depends on the facts of the case. Please call me today so we... Read More

What newspaper do I use for the Publication?

Answered 11 years and 4 months ago by John B. Palley (Unclaimed Profile)   |   1 Answer
It's good that you are paying attention to this.  For our LA probates we contact the Daily Journal. That's the LA legal newspaper.  If their newspaper does not cover the city of death they connect you with the right paper. Here is their contact info: DAILY JOURNAL CORPORATIONCALIFORNIA NEWSPAPER SERVICE BUREAU915 E. FIRST ST., LOS ANGELES, CA 90012Phone: (800) 788 7840 / (213)229-5300Fax: (800) 540 4089 / (213)229-5481... Read More
It's good that you are paying attention to this.  For our LA probates we contact the Daily Journal. That's the LA legal newspaper.  If... Read More

benefiting of property that only owns 50 percent amnd broke trust

Answered 11 years and 5 months ago by attorney Jonathan Howell   |   1 Answer
Hi Cherryl, Has title to the property been transferred out of the trust and into the names of you, your sister, and your daughter? If so, the best course of action may be to file a lawsuit for partition, which will force the sale of the home. That way you can get your money out of the house and not have to deal with all of the other things that are going on. There are certainly a number of other alternatives as well, but a partition would allow you a clean break. Thanks,Jon... Read More
Hi Cherryl, Has title to the property been transferred out of the trust and into the names of you, your sister, and your daughter? If so, the best... Read More

How can I get a copy of a previous will that has since been changed?

Answered 11 years and 5 months ago by attorney Jonathan Howell   |   1 Answer
Hi Midori, How are you connected to the individual that died and how do you know their will was changed? Thanks,Jon
Hi Midori, How are you connected to the individual that died and how do you know their will was changed? Thanks,Jon

How can my mother in law

Answered 11 years and 5 months ago by attorney Mitchell Allan Port   |   1 Answer
the power of attorney stops working when she dies.  after she dies, the will takes over who gets her property.  If she owns real estate or has more than $150,000 in assets, she ought to have a living trust.
the power of attorney stops working when she dies.  after she dies, the will takes over who gets her property.  If she owns real estate or... Read More

Can not find a will

Answered 11 years and 5 months ago by attorney Mitchell Allan Port   |   1 Answer
No, there is no nationwide system you mentioned.  You simply have to do the very best you can to find the will and if you can't find it then you can treat her death as if she died without a will.
No, there is no nationwide system you mentioned.  You simply have to do the very best you can to find the will and if you can't find it then you... Read More

Probate Notes - "No ntc one (1) other than petnr"

Answered 11 years and 5 months ago by attorney Mitchell Allan Port   |   1 Answer
Without knowing the context of the note, it is hard to know what it means.  It seems to mean that notice was not provided to someone other than the petitioner and probably must be provided.
Without knowing the context of the note, it is hard to know what it means.  It seems to mean that notice was not provided to someone other than... Read More

Is my original will nullified?

Answered 11 years and 5 months ago by attorney Mitchell Allan Port   |   1 Answer
Most wills include language that the current will supersedes all prior wills even if you don't explicitly revoked the prior will.
Most wills include language that the current will supersedes all prior wills even if you don't explicitly revoked the prior will.

Can I sue starbucks for not letting me use the restroom 5 minutes after closing and I was inside starbucks for about 3 hours?

Answered 11 years and 5 months ago by attorney Mitchell Allan Port   |   1 Answer
Sure, you can sue anyone for any thing.  However, you may be required to pay their attorney's fees under certain circumstances in addition to paying your own.  I suppose you will also have to prove damages and your question isn't clear about how you were injured or otherwise damaged in a way that warrants compensation.... Read More
Sure, you can sue anyone for any thing.  However, you may be required to pay their attorney's fees under certain circumstances in addition to... Read More

Parents died left a will diving house and cars between the 3 sisters. One sister is living in the house with here grown children for free what can I d

Answered 11 years and 6 months ago by attorney Jonathan Howell   |   1 Answer
If the house has already been probated and the property is now jointly in the names of you and your sisters you can file a partition action to force the sale of the home. I have handled many of these partition suits in the past and they virtually always result in either the sale of the property or one party buying the other party or parties out.  If the estate has not been probated than we will likely need to open probate first to get the assets transferred to you and your sisters, followed by a partition action. Thanks, Jon    ... Read More
If the house has already been probated and the property is now jointly in the names of you and your sisters you can file a partition action to force... Read More

Is a daughter entitled to her fathers bank account if someone else was put on it?He passed away.

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
The account operates like a contract and so if there is a designated beneficiary, then that person gets the money.  That he has a child or even a spouse doesn't necessarily change that, regardless of whether the person is a US resident.
The account operates like a contract and so if there is a designated beneficiary, then that person gets the money.  That he has a child or even... Read More

how do i go about having the courts oversee my friends account. She needs a conservator.

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   2 Answers
You need to have an attorney prepare and file a petition for conservatorship with the local court.  Legal fees are paid out of the conservatorship estate with court approval.  The process can be done without an attorney if you know what you are doing.
You need to have an attorney prepare and file a petition for conservatorship with the local court.  Legal fees are paid out of the... Read More

Is 2 witness signature on a will as good a a notary

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
In California, a notary is NOT good on a will.  For a will to be valid, one of the requirements is that it be witnessed by at least 2 adults who have no interest in the estate.  So if the notary is also the second witness, then the notarization of the will is not needed but if it's done anyway it probably won't invalidate the will.... Read More
In California, a notary is NOT good on a will.  For a will to be valid, one of the requirements is that it be witnessed by at least 2 adults who... Read More

Can I amend a Petition for Probate?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
You can try calling the newspaper you named in your Petition to let them know you've changed your mind and they will tell you what you have to do.  My guess is that so long as the publication of notice of death is otherwise proper, it doesn't matter which newspaper you mentioned on your Petition.... Read More
You can try calling the newspaper you named in your Petition to let them know you've changed your mind and they will tell you what you have to do.... Read More

Had a will made up, but have not had it notorized yet,and wqnt changes made on benificiers and such. Can I just cross ou ant re-enter or do over?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
First, wills are NOT notarized.  When you make changes to a will, it is best to have it done in a formal fashion rather than mark it up.  That's called a codicil.
First, wills are NOT notarized.  When you make changes to a will, it is best to have it done in a formal fashion rather than mark it up.... Read More

when a spouse dies - how does the other spouse take ownership of a car and motorcycle?

Answered 11 years and 6 months ago by attorney Mitchell Allan Port   |   1 Answer
If you have AAA, they will take care of it.  If you don't have AAA, the DMV will tell you to bring a death certificate and then will complete the transaction for you.
If you have AAA, they will take care of it.  If you don't have AAA, the DMV will tell you to bring a death certificate and then will complete... Read More
Wills and Probate
California

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