California Probate Legal Questions

Family members will petition the court to be appointed as a guardian if you don't nominate someone in a will.  It is possible that your side and your wife's side may disagree over who is the best guardian and therefore will fight for that right in court.  It is simple to just get a will which does the job.... Read More

The power of attorney stops working when a person dies.  If that is what you are asked to sign, it won't be effective to do anything on behalf of the lady.  Most often, there is nothing to sign on behalf of an estate by someone in your position when it comes to giving a dead person's money to charity.  Take the documents to an attorney and ask about what to do once they are reviewed.... Read More

You are allowed to appoint co-executors in a will or co-trustees in a trust. From a favoritism perspective this is a great approach. However, in practical reality it can create problems. For example conflict can arise if one party wants to sell mom's house and one doesn't.  Plus, in my opinion, it doesn't provide much better security that your wishes will be carried out. A person intent on committing fraud will commit fraud. Thus, I do not recommend co-fiduciaries. It's ok but not the best solution. Also, if you have assets you should consider getting a living trust. I encourage you to talk to an experienced estate planning attorney. Good luck.  -John... Read More

Your immigration status has nothing to do with whether someone designates you as a beneficiary in a will.  You should not have any problem receiving the property left for you.  You are the beneficiary whether you are in this country or somewhere else.  You ought to seek an attorney to assist you in making sure the terms of the will are carried out.... Read More

If you received a copy of papers filed with the court, you can go to the court and review the file.  If the courthouse is too far, there are services in the public domain that can copy the entire file and give it to you. You'll see a copy of the will. After reviewing the court file, you can assess what course to take.... Read More

Speak to a supervisor at the stock investment firm.  If you are the trustee and you have presented the trustor's death certificate along with a copy of the trust naming you as successor trustee, there should be no need to obtain anything from the CA court.  That you live out of CA should make no different to the investment firm abiding by the trust's terms.... Read More

As long as you have done nothing wrong to create the shortfall you won't be liable. However, if you took too long to sell a house or something like that then you could be liable, potentially, for negligence. Not likely but theoretically possible.  The general rule is that the fiduciary is not liable though. The only exception might be if you received assets, outside of probate, then it's possible they could go after you for those assets. Again, mostly theoretical though. Good luck. -John... Read More

There are 3 ways to write a valid will in CA. A holographic will is one on a blank page, completely in your own handwriting, signed and dated.  No notary or witness is required.  Second, CA has a statutory will online which is simply a form to fill in which requires 2 adult disinterested witnesses.  Third, an attorney can prepare a more formal will which also requires the signature of 2 adult disinterested witnesses.  Remember, though, that a will DOES NOT  avoid probate.... Read More

If there are insufficient assets to pay the costs of probate (attorney fees, court costs, executor fees, creditors) then I should think the house should be sold not be rented. The problem is once the executor signs the lease it would be difficult to break it. If the lease is not signed yet perhaps a petition can be filed to force the sale. I encourage you to talk to a probate attorney who can review the whole case.  Before taking any action in court you need a professional to review.  You likely need your own representation here. I call this "beneficiary representation."  Good luck. -John... Read More

That's great of you to plan ahead. A will is a good start. However, when you own real estate in California having a trust is generally the way to go. It would allow your nephews to inherit the property as quickly and easily as possible. Also, you should have a power of attorney for financial and advanced health care directive. I encourage you to find a qualified estate planning attorney to assist you. Good luck.  -John... Read More

Hi, The circumstances of the removal of the beneficiaries certainly sounds very suspicious and the beneficiaries may indeed have a good claim to set the changes aside. A court would likely look very skeptically at these changes. Who is the person with the power of attorney?  Thanks,Jon... Read More