California Probate Legal Questions

Depending on your childrens' ages, the amounts they were left and the terms of the Will, the sums may have been placed in a Uniform Trust for Minors' Act account, paid into the court registry, or held in trust until they reach a certain age.  Ask the local probate court clerk for a copy of the Will, ask a local probate lawyer whether enough time has passed for you to demand an accounting (on your childrens' behalf) and explain the situation to your children.  This is not a police matter:  you do not even have evidence tending to prove that a crime has been committed.... Read More

The first step is to present the Will to a court for probate (proving that the Will is the Will of the person who died).  If it literally states, "whatever she wants to sell online," that is what it means.  But you may want to consider things which other people might like to remember her by,... Read More

If you are a designated beneficiary on the life insurance policy, no small estate affidavit should be required.  The insurance company should provide you with the forms needed to transfer funds to you.  If, however, there is no designated beneficiary, a small estate affidavit would be required if you are the intestate beneficiary or beneficiary of a Will or Trust.  Any probate/trust administration attorney should be able to prepare this affidavit for you.  Since this is a fairly straight-forward document, it should not cost much, and would be an opportunity to speak with an attorney to make sure that there is nothing else you need to do for any other assets that may have been held by the deceased individual.... Read More

It is not clear whether the plan would be to disburse funds from an unrelated person's estate or from the estate oif the business owner (or one of its owners).  In either case, if the Will (1) provides for a bequest to the business and (2) states that distributions can be made immediately and if (3) the executor realizes that s/he is personally liable if there turns out to be insufficient funds to pay the estate's debts, the "gift" can be made.... Read More

If your mother died after your great-grandmother, your mother's heirs (you) would generally be entitled to her share. Some wills have a provision that the person has to survive them by a certain number of days, such as 60, or they won't inherit. So if your mother died very shortly after her grandmother, she may or may not inherit, depending on the terms of the will. If your mother died before your great-grandmother, whether or not you're entitled to anything depends on what it says in the will. Many wills give gifts only to grandchildren who survive them.... Read More

After the court appoints someone administrator of the estate, that person can file actions for wrongful detainer (eviction) and conversion (converting his property to hers).  Since she was not authorized to make house payments (once someone is appointed administrator or executor, there can be no foreclosure for six months), whether she can recover them from the estate is an open question.  Making them does not change her status as a squatter if there is no lease.... Read More

The handwritten Will may be valid and does not require that the signature be notarized.  If your son had no real property and minimal assets, it is likely that probate would not be required.  You should speak with an attorney to review the will, and to discuss the details of your situation and next steps.... Read More

Whether the lawyer found or a court would find the affidavits credible is an open question.  In fact, from your description, the court found the creditor's claim valid and payable. In most states you could file a grievance and it would be reviewed.  Given your description, it is not clear what satisfaction you would get, if any.... Read More

You should have been entitled to a distribution.  A number of questions need to be answered.  How old were you and your siblings? What happened to your parent who was the child of your grandmother?  Was your aunt your guardian?  Of course, there will also need to be a review of the court documents.... Read More

Yes.  Take the Will and a death certificate to a probate attorney who practices in the county in which your mother lived and died and apply to submit the Will for probate (proving that it is the Will of the person who died).  Once the court appoints you executor, you can sue your sister for conversion (converting the property of your mother's estate to her own) and evict your brother and his girlfriend.... Read More