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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 6
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Wills and Probate
California

Recent Legal Answers

My mother passed, and my stepfather just passed, he had no children of his own and he had no will am I invited to what they had, like the house etc?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may inherit your mother's 50% community property interest but your stepfather's passes, if he had no children, to his siblings and, if he had no siblings, to his cousins.
You may inherit your mother's 50% community property interest but your stepfather's passes, if he had no children, to his siblings and, if he had no... Read More

My father has passed away. His new family wont tell me anything about his will or estate

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
You can check the probate records in the county where your father lived and died to see what his will said,
You can check the probate records in the county where your father lived and died to see what his will said,

Father passed away in florida

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
You can check the probate records in the county where your father lived and died. If the Wll left everything to charity, it goes to charity.  
You can check the probate records in the county where your father lived and died. If the Wll left everything to charity, it goes to charity.  

My father passed oct4 2019 i no he has a willand a non reversible living trust step mom says there is no will and wont tell me about trust how can I f

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
A revocable living trust becomes irrevocable when the person dies.  The associated will is only probated if it is necessary to transfer to the trust items which were not contributed to it during life.  If you are not a beneficiary of the trust, you have no right to an accounting or any other information. ... Read More
A revocable living trust becomes irrevocable when the person dies.  The associated will is only probated if it is necessary to transfer to the... Read More

Does my husband's estate have to go through probate?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
The bank and retirement accounts pass to the named beneficiary.  Unless you are listed as joint tenants "with right of survivorship," your husband's 50% community property interest in the home does not pass to you outside of probate.  His separate interests in the truck, boat and horse trailer also do not pass to you outside of probate.  See a local probate lawyer about filing for a determination of heirship and to probate your husband's estate.... Read More
The bank and retirement accounts pass to the named beneficiary.  Unless you are listed as joint tenants "with right of survivorship," your... Read More

Does my husbands estate have to go through probate ?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
The bank accounts and retirement fund will pass to you as designated beneficiary outside of probate.  Unless the deed reads "joint tenant with right of survivorship," his 50% community property interest in the home probably will not.
The bank accounts and retirement fund will pass to you as designated beneficiary outside of probate.  Unless the deed reads "joint tenant with... Read More

My older brother talked my moms sister whom she appointed executive to hand over to him solely “ the responsibilities of being the executor

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Only a court can appoint an executor or substitute executor.  Complain to the clourt.
Only a court can appoint an executor or substitute executor.  Complain to the clourt.

Good reason for a court to withdraw conservatorship petitionb

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your application was denied, there is no pending case in which you need to file a Notice of Nonsuit.
If your application was denied, there is no pending case in which you need to file a Notice of Nonsuit.

How do I find out if I have an inheritance hanging in limbo

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
If you were not in the Will, you do not inherit under it. If the Will was invalid, your mother and your uncle inherit as heirs.  You do not.  You are a descendant but not an heir.
If you were not in the Will, you do not inherit under it. If the Will was invalid, your mother and your uncle inherit as heirs.  You do... Read More

I'm Admin of Estate with full authority. There's only one heir and myself as beneficiaries. Can I sue that heir?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Consult your probate lawyer.
Consult your probate lawyer.

My mother in law (my husband Mother) die in 4/19 she was married to her husband (stepfather) now his dying process from THEIR home to his family alone

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
As you appear to recognize, California a a community property state.  If the deed to the home does not read something like, "joint with right of survivorship" and there is no (known) Will, you may be able to preserve your mother's 50% interest in the home for her heirs by filing an Application to Determine Heirship.  Contact a local probate attorney.... Read More
As you appear to recognize, California a a community property state.  If the deed to the home does not read something like, "joint with right of... Read More

Trustee violation on a probate case

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
It sounds as though you will need to hire a California lawyer specializing in fiduciary litigation.
It sounds as though you will need to hire a California lawyer specializing in fiduciary litigation.

If part of a will is missing, how can it be probated ?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
The Will may be complete without a list of personal possessions.
The Will may be complete without a list of personal possessions.

My husband was sole owner of a CPA accountancy corporation and died without a will intestate. I have been given Letters of Administration of the Estat

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
It is unfortunate that your husband never signed a Practice Continuation Agreement, as is common among CPAs.  You presumably have reviewed the corporation's documents and found that they do not provide you with authority. If the business is a going concern, you may be able to apply to a court for receivership. With about $200k in accounts receivable, you should be able to find an attorney who will represent you in exchange for payment out of those receivables.   It appears that you are in this fix because a DIY approach left the corporation without adequate corporate documents or a Practice Continuation Agreement.  Taking another step DIY seems unlikely to clean up the mess you and your husband made for yourselves.  ... Read More
It is unfortunate that your husband never signed a Practice Continuation Agreement, as is common among CPAs.  You presumably have reviewed the... Read More

I need a probate lawyer

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
You could still be a creditor of that person's estate.
You could still be a creditor of that person's estate.

Spouse failed her duties as executor of her deceased spouse's will, remarried and died. Does new husband have claim on undistributed estate?

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will governs.  Take it to a local probate attorney and see what can be done.
A Will governs.  Take it to a local probate attorney and see what can be done.

I need to make a will

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may be able to find an estate planning attorney near you using this site or, if you have limited income, your local Lawyer Referral Service (which may have a modest means program) or Volunteer Legal Services.
You may be able to find an estate planning attorney near you using this site or, if you have limited income, your local Lawyer Referral Service... Read More

I would like to know as a sibling will my filed and posted lis pens retrieve the family home in mediation being that I have the appraised price ready?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Mediation may result in a wide range of settlement agreements.
Mediation may result in a wide range of settlement agreements.

Can the Administrator of Estate sign over a house on behalf of the estate like just transfer house as a gift? Assuming the others dont mind it

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
This is a question for your probate lawyer.  If the administration is a dependent administration, the Court's authority to sell and approval of the subsequent sale must be sought to prevent ripping off the estate by selling the home for less than fair market value or gifting it.  If the administration is a dependent administration and oral okay won't do.  Work with your lawyer to avoid becoming personally liable for faulty estate administration.... Read More
This is a question for your probate lawyer.  If the administration is a dependent administration, the Court's authority to sell and approval of... Read More

Who do I request an accounting from the attorney or the trustee?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Beneficiaries are not normally entitled to a copy of the trust.  In many states a beneficiary of a certain age (say, 25 or older) is entitled to an annual financial accounting.  It would be odd for a trustee to accept and account for personal possessions.  Since your father died in May 2019, you should not expect to see an accounting for some time -- if you are entitled to one at all.  There appears to be no need for you to hire an attorney at this time.... Read More
Beneficiaries are not normally entitled to a copy of the trust.  In many states a beneficiary of a certain age (say, 25 or older) is entitled to... Read More

Who owns the business or does two trustees have legal right to control the business.

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
If the trust instrument says that the trustees are to operate the business, they are.  If the employees are beneficiaries of the trust, they are entitled to certain information based on state law.
If the trust instrument says that the trustees are to operate the business, they are.  If the employees are beneficiaries of the trust, they are... Read More

How do I sue the trustee for a copy of the trust documents?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Can you prove that you are a current beneficiary of the trust?  You are only entitled to information (not necessarily a copy of the trust agreement) and an accounting if you are.
Can you prove that you are a current beneficiary of the trust?  You are only entitled to information (not necessarily a copy of the trust... Read More

My father left me wen I was young divorced my mother and remarried he put all. His assets in his father in laws name do I have any rights to his asset

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
No.  Your answer is in your question:  what were formerly his assets are now those of his father-in-law.
No.  Your answer is in your question:  what were formerly his assets are now those of his father-in-law.

Can I stop the sale of a home which according to my grandma's will is supposed to be divided four ways, however the executive of the will is trying to

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may think you know the executor's intent but the law requires that he follow your grandmother's Will.  If, in fact, he does not, contact a local probate attorney.
You may think you know the executor's intent but the law requires that he follow your grandmother's Will.  If, in fact, he does not, contact a... Read More

Probate

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will becomes a public document once it is submitted for probate.  Check with the local probate court for a copy.  Most states require an executor to give the beneficiaries an accounting after a certain amount of time has passed and allow an executor to be replaced if, after more time, there is no distribution.  Contact a local probate attorney.... Read More
A Will becomes a public document once it is submitted for probate.  Check with the local probate court for a copy.  Most states require an... Read More
Wills and Probate
California

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