Assuming Decedent resided in CA:
1.Priority of payment of creditor claims. PC 11420 sets forth the order of payment of the decedent’s debts, expenses of administration and charges against the estate. If the estate is insolvent and there are insufficient assets to pay general debts, it may be necessary for the PR to pay a portion of each general debt, pro rata. PC 11420 provides:
(a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed...
Tell them its a revocable living trust - and NO TAX NUMBERS ARE ISSUED FOR REVOVABLE LIVING TRUSTS IN WHICH TRUSTORS/TRUSTEES/BENEFICIARIES ARE SAME!
Amazing - 5 % of the banks still mess this up .. usually its the credit unions
Clearly there is not. This is a service provided by the attorney, sounds like at no cost, as a courtesy to his client.
Attorney may also be a witness to signing of a Client's Will.
Is there something that did not get typed into the question?
you don't "lodge" a copy - you "lodge" the original.
you have to prove this copy. makes sense - testator could have ripped it up / destroyed original ... likely with the intent to eliminate what he/she did!
that being said, i ran into this, passed the requirements, court admitted... but you have to satisfy many requirements and obtain consent of court .. gets more difficult obviously if there are individuals who would object (e.g., anyone who would receive properties if there was...
Based on limited information - the gift is the value of the gift/property and has nothing to do with "basis" (which is generally purchase price paid, less depreciation). If you owned 1/2 - subject to debt, then take the net as the gift.
If the property has appreciated (who knows in today's world) .. then it may or may not be better to keep house, gift in your Trust - property interest would get stepped up basis on date of death.
Not sure if you are doing this because of the...
Unless the account located (supposedly) had some unusual form of co-ownership, the Order that you previously received after a full probate would be valid.
Pull order - it likely has % division of after discovered property, such as this.
You would likely not need to open a probate just for this.
The service that "discovered" the account, likely is clueless on the Order/Probate. You should contact them to discuss - likely non-issue (if there is an account).
But first - check...
What do you mean by "expire dt of 2010" - be specific - never heard of a revocable trust with an expiration date - quote whatever you are reading.
Is this yours?
Is the person dead?
What are you referring to
California Probate Code sets the maximum statutory fees that attorneys and executor/administrator can charge (each) for a probate. Higher fees can be ordered by a court for more complicated cases. The fees are four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000, and one-half percent of the next $15,000,000. For estates larger than $25,000,000, the court will determine the fee for the amount...
This is a very complicated area.
You need to see an attorney - too easy to make a mistake.
For example only, if your dad creates an irrevocable trust and retains an income interest, is included in his taxable esate.
There are many nuances.
See an attorney - being frugal will likely cost later!