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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 7
Do you have any California Probate questions page 7 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

Is it time to get my own attorney

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a New York probate attorney.  You may be due an accounting.
Contact a New York probate attorney.  You may be due an accounting.

What typei of attorney can take care evicting someone who has a life interest in my condo. She is incompetent, negligent and, impersonating me.

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
If she has a life estate, you cannot collect rent.  She owns the home for life -- or until she decides to move.  She can fix things and remodel without your knowledge or consent as long as she does not waste the estate.
If she has a life estate, you cannot collect rent.  She owns the home for life -- or until she decides to move.  She can fix things and... Read More

what can i file to get my step-mom to give us a copy of our dads trust? my brother and i have both asked her more then once to provide us a copy

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
In some states beneficiaries of a trust age 25 and older are entitled to an annual report -- but not to a copy of the trust document.  Ask a local trusts and estates lawyer what you are entitled to, if anything.
In some states beneficiaries of a trust age 25 and older are entitled to an annual report -- but not to a copy of the trust document.  Ask a... Read More

my mom passed without a will but she has property. i have six siblings can they exclude me from probate? I am the only one of them burying her.

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Who inherits what is governed by the state's laws of intestacy. It has nothing to do with what this family member or that might want. Contact a local probate attorney.  You may be able to file an Affidavit of Heirship.  You may need to apply to the court for a determination of heirship and appointment of administrator.... Read More
Who inherits what is governed by the state's laws of intestacy. It has nothing to do with what this family member or that might want. Contact a local... Read More

can intestate probate court bypass only surviving parent with dementia to distribute to full siblings when there is no spouse or children

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
No.  The court must follow the law of inheritance for the state.
No.  The court must follow the law of inheritance for the state.

My dad past in 2016. He had told me about his and my step mom's wil and asked her right in front of me you are not going to change this wil if I pass.

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Once a Will is submitted for probate, it becomes a public document.  Ask the county clerk for a copy.
Once a Will is submitted for probate, it becomes a public document.  Ask the county clerk for a copy.

Inheritense

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
The executor of your mother's Will has a duty to collect her property, pay her debts and distribute the rest according to her Will.  It appears that the executor must sell the house and distribute the proceeds to the four children named in the Will.  You might ask the executor if you can rent the home in the meantime.  The executor does not have to agree to this.... Read More
The executor of your mother's Will has a duty to collect her property, pay her debts and distribute the rest according to her Will.  It appears... Read More

i need a will

Answered 6 years and 11 months ago by attorney Barbara A. Sonin   |   1 Answer
I would recommend you make an appointment with an attorney. The attorney will review your family situation and your assets, explain the differences between a will and a trust, and recommend which is more appropriate. I have found that many people who think they "just need a simple will" actually need a trust with some rather detailed provisions. Everyone also needs supporting documents, such as financial and medical powers of attorney.... Read More
I would recommend you make an appointment with an attorney. The attorney will review your family situation and your assets, explain the differences... Read More

Can I get conservatorship of my sister's estate?

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer
There is a danger in assuming.  In most states a beneficiary under a Will can present it if the named executor does not act.  But from your description you are not a beneficiary.  In every state Medicaid (in California called MediCal) is entitled to reimbursement.   From your description, you do not have the ability to pursue control of the property or to profit by doing so.          ... Read More
There is a danger in assuming.  In most states a beneficiary under a Will can present it if the named executor does not act.  But from your... Read More

Disowned by mother

Answered 7 years and a month ago by attorney Barbara A. Sonin   |   1 Answer
If there is a will which will be probated, or a trust which will be administered all heirs at law must be sent a copy of the will or trust, even if they're disinherited.
If there is a will which will be probated, or a trust which will be administered all heirs at law must be sent a copy of the will or trust, even if... Read More

Property lien from my deceased parents for credit card debt

Answered 7 years and a month ago by attorney Barbara A. Sonin   |   1 Answer
You are responsible for the lien up to the amount of the property you receive. You should hire an attorney to do a spousal property petition to get the house in just your mother's name. Then you can probate your mother's estate and get the house and the checking account. You can sell the house, pay off the debt, and split the remainder.... Read More
You are responsible for the lien up to the amount of the property you receive. You should hire an attorney to do a spousal property petition to get... Read More

What type of attorney can help me?

Answered 7 years and a month ago by attorney Barbara A. Sonin   |   1 Answer
You should consult with an attorney experienced in special needs trusts. You can search on SpecialNeeds Answers.com, or look on the ElderCounsel.com website to find an attorney in your local area. If you're a distance from any attorney who concentrates in that area, someone could work with you remotely. You mention that you also have two children who are not disabled. It's a very hard balancing act. You might decide to leave more of your estate to your child with a disability, or you might decide to leave your estate equally, since your disabled child will have access to public benefits. If you're young enough that life insurance is affordable, I would strongly encourage you to get a fairly large life insurance policy so that you have more funds to leave all your children.... Read More
You should consult with an attorney experienced in special needs trusts. You can search on SpecialNeeds Answers.com, or look on the ElderCounsel.com... Read More

My grandmother(Guardian Parent) has passed and named me the beneficiary of her estate on the other side of the country. Who do I contact first?

Answered 7 years and 2 months ago by attorney Barbara A. Sonin   |   1 Answer
You need to locate a lawyer who serves the county in which your grandmother died and owned property. Meanwhile, contact the credit bureaus and notify them of your grandmother's passing. Hopefully they will close down the credit card.
You need to locate a lawyer who serves the county in which your grandmother died and owned property. Meanwhile, contact the credit bureaus and notify... Read More

How much does a simple will cost?

Answered 7 years and 3 months ago by attorney Barbara A. Sonin   |   1 Answer
If you own a home you really need a trust, not a will. Ditto if your child is s minor. Call an attorney or two in your area, and set up an appointment to meet them. An initial brief meeting to explain your options is usually complimentary.
If you own a home you really need a trust, not a will. Ditto if your child is s minor. Call an attorney or two in your area, and set up an... Read More

Do i have a legal right to see My diseased fathers will.

Answered 7 years and 3 months ago by attorney Barbara A. Sonin   |   1 Answer
Yes, you can insist on a copy of the will. You need to realize tha more than likely it leaves everything, or nearly everything, to your stepmother.
Yes, you can insist on a copy of the will. You need to realize tha more than likely it leaves everything, or nearly everything, to your stepmother.

What are the chances of a person contesting the will and winning it?

Answered 7 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
It all depends on the facts.  If you want to contest a Will or are afraid that a Will may be contested, take it to a local probate lawyer and discuss the facts.
It all depends on the facts.  If you want to contest a Will or are afraid that a Will may be contested, take it to a local probate lawyer and... Read More

Hello. My mother passed away about 2 yr ago and just now I come to find out my sister had l.I.p which she has denied and will not show me any info.

Answered 7 years and 6 months ago by attorney Barbara A. Sonin   |   1 Answer
An insured person can name anyone they want as beneficiaries. The beneficiaries don’t have to inform anyone else about the policy. It’s somewhat common for people to use life insurance to give something extra to the 1-2 kids who’ve done the most for them.    If you believe your sister fraudulently got your mother to name herself as beneficiary, you would have to sue her n. I ol court for part of the proceeds. The suit would be very expensive, and you would have to have proof, not just suspicions.... Read More
An insured person can name anyone they want as beneficiaries. The beneficiaries don’t have to inform anyone else about the policy. It’s... Read More

My mother is 78 years old in poor health and she has no will. I have been away from family a while. She’s in Cal can held Liable for her estate.

Answered 7 years and 7 months ago by attorney Barbara A. Sonin   |   1 Answer
You are not liable for your mother's debts after her death. An heir who receives property from someone who's deceased is liable for debts, but only up to the value of what they received.
You are not liable for your mother's debts after her death. An heir who receives property from someone who's deceased is liable for debts, but only... Read More

how do i find out if a will exists for my mother who is in hospice lived in Rio rancho

Answered 7 years and 9 months ago by attorney Barbara A. Sonin   |   1 Answer
There is no reason a will, or a trust, would ever be filed anywhere while the settlor is alive. You should research among her papers to find out whether there is an existing will or trust.
There is no reason a will, or a trust, would ever be filed anywhere while the settlor is alive. You should research among her papers to find out... Read More

My friends lawyer wants 10,000 in Ghana

Answered 7 years and 9 months ago by attorney Barbara A. Sonin   |   1 Answer
Is your friend from Ghana? If not, that’s is probably a scam.
Is your friend from Ghana? If not, that’s is probably a scam.

Last will

Answered 7 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Normally, only the original will is valid.  If you are moving to another state, you should make new estate planning documents in that state.
Normally, only the original will is valid.  If you are moving to another state, you should make new estate planning documents in that state.

my Dad die with out a will i barely found out he was Marry way before he meet my Mother had one child in the country of Mexico then he came to USA

Answered 7 years and 11 months ago by attorney Barbara A. Sonin   |   1 Answer
Your mother is what's called a "putative spouse." That is, she married in good faith thinking the marriage was legal. Typically the courts in equity award half the property to each spouse. The logical thing would be for the Mexican wife to get the Mexican assets and your mother to get the U.S. assets, if the values are similar. If the Mexican wife tries to get all the assets, your mother will need to get an attorney to fight for her share.... Read More
Your mother is what's called a "putative spouse." That is, she married in good faith thinking the marriage was legal. Typically the courts in equity... Read More

Can my friend get help she needs with her Will here even though she is a foreigner?

Answered 7 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
The probate case must be brought where the father lived when he died.  If the father lived in a foreign country, then the probate case must be brought in that foreign country, by a lawyer that is licensed in that country.  A lawyer in the US can only bring an action in another country if that lawyer is also licensed in that other country.... Read More
The probate case must be brought where the father lived when he died.  If the father lived in a foreign country, then the probate case must be... Read More

My Dad pass but i dont know if he had a will my othere family members acting diferent with me fighthing my Dads house

Answered 7 years and 11 months ago by attorney Jonathan Howell   |   1 Answer
Hi Augustin, Sorry for your loss. How many siblings do you have and was your father married at the time of his death?  Was he the sole owner of his home? What are your family members trying to do and how are they related to you?  With a bit more information I can give you some guidance. Thanks,Jon... Read More
Hi Augustin, Sorry for your loss. How many siblings do you have and was your father married at the time of his death?  Was he the sole owner of... Read More

What do I do when their are Myseft and my Boyfriend daughter listed as Co trustee and She is trying to take have Court doc to have me to be Removed

Answered 7 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You will have to appear at the hearing and object to the petition to remove you as co-trustee.  You will also have to file a written verified objection and response.  You should contact an attorney for a full consultation.
You will have to appear at the hearing and object to the petition to remove you as co-trustee.  You will also have to file a written verified... Read More
Wills and Probate
California

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