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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 2
Do you have any California Probate questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 472 previously answered California Probate questions.
Wills and Probate
California

Recent Legal Answers

I received call from attorney, stating my brothers case settled, learned of his murdered, I was listed next of kin and was entitled to settlement.

Answered 4 years and 3 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
Sounds suspicious.  You should in deed be getting the settlement money since your brother died intestate (without a trust or will).  Do you have the case number?  I would begin by looking at what was filed in the case.  I would also like to see the settlement agreement.
Sounds suspicious.  You should in deed be getting the settlement money since your brother died intestate (without a trust or will).  Do you... Read More

My parents passed away in 2011 & 2017 Two brothers filed a quick deed 2021And do not want to give deceased sibling 2021 children their share

Answered 4 years and 5 months ago by attorney Jeffery J. Czech   |   1 Answer
Hello.  I will take a look at all the docs (deeds and will) and let you know.  no fee unless i take it
Hello.  I will take a look at all the docs (deeds and will) and let you know.  no fee unless i take it

Family law

Answered 4 years and 6 months ago by attorney Bruce Robins   |   1 Answer
First, your parents' "last wishes" may have some moral force with your siblings, but have no legal effect unless they expressed those wishes in a valid will.  Assuming that your parents owned the house jointly (i.e. either as joint tenants or tenants by the entirety, which is usual with married couples) so that the survivor of the two of them would inherit the house upon the other's death, and owned it  outright,( i.e. with no one else on title, the house was not owned by a trust, etc.) and that there was no will. and that all of their children are living, each of their surviving children (assuming they had no children of other relationships) would inherit 1/5 of the house.  This means that you own 1/5 of the house and that your siblings cannot do anything with it without your consent (or a court order).  However, unless California law is different than the law in the states in which I practice, that doesn't give you the right to live there rent free.  As you can see, there are some complex issues here, and you should probbably consult a California lawyer.... Read More
First, your parents' "last wishes" may have some moral force with your siblings, but have no legal effect unless they expressed those wishes in a... Read More

What shall I do? Will I be able to charge rent to my nephew? Will I be able to block them from being added to the property?

Answered 4 years and 7 months ago by attorney Jeffery J. Czech   |   1 Answer
It sounds like you do not need to probate.  If the property was held in joint tenancy with your deceased sister, you and the surviving sister(s) own the house together; automaticaly.  Give me a call or drop me a line if you need more assistance.
It sounds like you do not need to probate.  If the property was held in joint tenancy with your deceased sister, you and the surviving sister(s)... Read More

What should I do?

Answered 4 years and 7 months ago by Penelope Park Bergman (Unclaimed Profile)   |   1 Answer
The Will does not apply because your father designated you as the beneficiary on the IRA account.  The Will only applies to assets that remain in your father's estate after all non-probate transfers occur.  Yes, you should either open an account or contact an independent financial advisor and accountant to consider all other options for rolling the asset over to another institution.  Please consult with an Estate Planning attorney to do a comprehensive evaluation of your father's entire estate and your unique situation.   Best of luck.... Read More
The Will does not apply because your father designated you as the beneficiary on the IRA account.  The Will only applies to assets that... Read More

How to prepare a note for a friend.

Answered 4 years and 7 months ago by attorney Bruce Robins   |   1 Answer
You can write whatever note you want, but if anyone contests your friend's ownership of the property you leave, the note won't be worth the paper it's written on.  If you want your friend to inherit your property after you die, you have to so provide in a validly executed will.  Alternatively, you could prepare an instrument giving it to him now but retaining a life estate for yourself, but that is probably a bigger hassle than simply preparing and executing a will.... Read More
You can write whatever note you want, but if anyone contests your friend's ownership of the property you leave, the note won't be worth the paper... Read More

I have 4 other siblings and I'm the one living at my parents house both of them are decease paying half can they come and change locks without notifyi

Answered 4 years and 8 months ago by attorney Jeffery J. Czech   |   1 Answer
do yiou have anything in writing allowing you to stay there?  Even an email or a letter or text?  How long have you been renting the place?  No, they should not have the right to do those things if they let you rent to begin with.
do yiou have anything in writing allowing you to stay there?  Even an email or a letter or text?  How long have you been renting the... Read More

What can I do

Answered 4 years and 8 months ago by David Alan Schechet (Unclaimed Profile)   |   2 Answers
The starting point is to read the will.  This will most likely let you know both your sister and your rights and obligations.  Has the will been submitted to probate?  If not, why not?
The starting point is to read the will.  This will most likely let you know both your sister and your rights and obligations.  Has the will... Read More

Can wife of Alzheimer’s husband change his trust he made when he was competent

Answered 4 years and 9 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
You must read the terms of the original trust.
You must read the terms of the original trust.

What do I need to do?

Answered 4 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
The debts are the debts of your uncle's estate.  They are not your debts.  The creditors can try to probate his estate if they think it can reimburse them.
The debts are the debts of your uncle's estate.  They are not your debts.  The creditors can try to probate his estate if they think it can... Read More

dead stepfather's car.

Answered 4 years and 9 months ago by NA roseann@frazeelawgroup.com (Unclaimed Profile)   |   1 Answer
You can find on the internet/google an "Affidavit for Collection of Personal Property."  You should complete the form and have his son sign the form.  Then the Son needs to sign also a Bill of Sale.  You can take both to California Department of Motor Vehicle and have the title transferred to you.  Bless you for taking care of his body!!  You're outstanding and you should remind the son that you did all of those things for your father.... Read More
You can find on the internet/google an "Affidavit for Collection of Personal Property."  You should complete the form and have his son sign the... Read More

I'm 55 and have lived in my house 51 years, but do not own it. Can the legal owner move in and evict me or my husband?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes.  Occupancy and paying taxes give no right of ownership. Your older sister would do well to gift the home to you while she is alive or sign a Will gifting it to you on her death.
Yes.  Occupancy and paying taxes give no right of ownership. Your older sister would do well to gift the home to you while she is alive or sign... Read More

What to do when the executor of an estate fails t I do the job correctly

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your description does not give the date on which the Court appointed your sister executor.  A number of months after her appointment (it varies from state to state), any beneficiary is permitted to demand an accounting.  If that accounting shows wastage of the estate (by not collecting rent and by not promptly selling the house), you can ask for the executor to be replaced, evict the squatters and sell the house.  Please consult a local probate attorney.... Read More
Your description does not give the date on which the Court appointed your sister executor.  A number of months after her appointment (it varies... Read More

I have a friend who passed away. He deeded his home to his sister, though he was still legally married (Had not lived with wife for 25 years)

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
The wife may have an ownership interest in the home.  Consult a local probate lawyer.
The wife may have an ownership interest in the home.  Consult a local probate lawyer.

husband bought me a car and paying on it he died loan n everything in his name no will or assets.told loan company they charged it off its been 2 yr

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
From your description, the car has great sentimental value but you do not have the money to pay off the loan.  Take a picture of the car.  That will last longer anyway.
From your description, the car has great sentimental value but you do not have the money to pay off the loan.  Take a picture of the car. ... Read More

How do u start probate

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Find the Will and take it to a local probate attorney.  If there is no Will and no recorded deed, you are out of luck.
Find the Will and take it to a local probate attorney.  If there is no Will and no recorded deed, you are out of luck.

I need to file a petition to probate the estate and have me appointed administrator. I have 2 siblings

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You must be represented by a probate lawyer who practices i the county in which the person lived and died. 
You must be represented by a probate lawyer who practices i the county in which the person lived and died. 

What is the cost of a probate lawyer? And is there someone that helps thats not a lawyer cheaper than a lawyer would charge

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You must be represented by a lawyer.  California sets the fees based on the size of the estate.  The local probate court or state bar should have a chart to which you can refer.
You must be represented by a lawyer.  California sets the fees based on the size of the estate.  The local probate court or state bar... Read More

Non-biological child trying to inherit estate

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Given the facts you state, you should be able to rely on the Court to rule that the child is not a child of the deeased -- unless he also took her into his home to raise as his child.
Given the facts you state, you should be able to rely on the Court to rule that the child is not a child of the deeased -- unless he also took her... Read More

As the widow, what is my legal obligation to items left to others that have not or will not claim their inheritance?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Ask the person to sign a disclaimer.  Note that you are a bailee (someone who is storing something for someone else) and that the property will be considered abandoned if not claimed withint 30 days.  Send the letter CM RRR and keep a copy.
Ask the person to sign a disclaimer.  Note that you are a bailee (someone who is storing something for someone else) and that the property will... Read More

I have a will where I'm named executor of the estate. Do I need to go through probate court to cash the check that was made to deceden't estate?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will has no legal effect until it is admitted to probate.  You may be named executor in the Will but you are not the executor until a court appoints you and issues Letters Testamentary.  Some states permit small estate petitions but generally only when there is no Will.  Please discuss your situation with a local probate attorney.... Read More
A Will has no legal effect until it is admitted to probate.  You may be named executor in the Will but you are not the executor until a court... Read More

Corrupt probate, 8 page encrypted letter to China, moms deeds and headstone with map of China around them, all moms assets in encrypted letter.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a probate lawyer who handles fiduciary litigation.
Hire a probate lawyer who handles fiduciary litigation.

how do i open an estate account for my dad

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Depending on how much your father left, your choice is among (1) letting the funds go to the state comptroller and in four to six years (It varies by state) prove that he had no spouse and that you are the heir and the only heir; (2) filing a small estate affidavit (an "informal probate" with no hearing); and (3) filing an application for determination of heirship and issuance of letters of administration.  Contact a local probate attorney to discuss which option works best in your situation.... Read More
Depending on how much your father left, your choice is among (1) letting the funds go to the state comptroller and in four to six years (It varies by... Read More

Administration of living trust

Answered 5 years ago by Carol Ann Fauerbach (Unclaimed Profile)   |   2 Answers
The first step is to consult with an attorney who handles trust administrations so that he/she can review the terms of the trust with you, advise you of your fiduciary duties and required actions under the terms of the trust and the probate code, and help you to begin the trust administration process.  You should also consult with a tax professional to see if there are any tax issues that need to be addressed.... Read More
The first step is to consult with an attorney who handles trust administrations so that he/she can review the terms of the trust with you, advise you... Read More

Deceased sister and I our on title of home tenant in common. Does my part have to go through probate?

Answered 5 years ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer
NO.  But your sister's does.
NO.  But your sister's does.
Wills and Probate
California

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