The decedent is free to do want the decedent wants with his property. As long as the step-daughter was not involved in the drafting of the plan and had capacity, it should be valid. That doesnt mean there wont be a challenge, but the Will should stand up if there were no issues with how the Will was drafted or executed.
A will has nothing per se to do with citizenship. You can execute a Will anywhere so long as you follow the formalities of the place where the will is executed.
If you are a resident of California, the Will should be executed here and needs to be witnessed by two independent people unless the document is drafted completely in your own handwriting.
The executor should be a resident of the United States, preferably California. Since the people are overseas, make sure all contact...
In addition to what the others have said regarding timing, if the account was joint, then it was not a probate asset and became dad's at mom's death. In addition, if the account listed your dad as beneficiary, again, the account is not a probate asset and became dad's at death.
No it is not true. Seek out the help of a trust or probate attorney. Four months also only applies to creditors claims in a probate after letters are issue but in no event is a prohibition against sale. If its a trust, sell whenever you believe the time is right. The issue is on distributions. You want to make sure you have settled all debts prior to distributing assets.
First you need to determine if probate is necessary or if everything is in the trust.
The short answer is yes. There is no exclusion for transfers between siblings. Also, Im not sure if you would achieve your goal by this. Note, if your sister is using her earnings to pay the mortgage, or repairs or upgrades to the property, without a pre or post nuptial agreement, she may be creating community property in the house.
Your sister should meet with an estate planning attorney to determine options. If this was a family home and the intent is to keep it in the family, one...
The Wills are meaningless until your parents die. The Power of Attorney is the operative document. That said, because of your siblings actions, the only real recourse is a conservatorship/guardianship. You need to contact an Elder Law attorney ASAP to help you out and evaluate your best course of action.
Its not clear if grandpa's interest was transferred to a trust before or after the father's death. If before, the terms of the trust are important. Its not clear without that if the property would be included in the dad's taxable estate.
You mentioned probate referee, is that because there was a probate and asset included in dad's estate.
If that's the case, the basis would be 450000 however you could get your own appraiser for a dad of death value
The question appears to be duplicative and raises seriour issues of your mom's capacity. If your mom doesnot have capacity, what you know or believe you know about your mom's desires are not relevant. If you assist her in making changes when she doesn't have capacity your inviting real problems. The probate court has a mechanism for making changes to an estate plan wheb someone doesn't have capacity - that's call substituted judgment and done in conservatorship proceedings.
If your mother...
Mr. Brophy is correct. You are getting into more than a question, you want instruction. Answering your question could open anyone up to having established an attorney client relationship with you.
You need to object to the account and seek surcharge. How you proceed will also depend on which Department you are assigned to downtown. All three judges are excellent but they all approach these matters a little differently.
You need to retain competent trust litigation counsel somewhat...