No problem. IF her total assets (cash, bonds, stocks, - not real estate) are less than $100,000, all you need is a Small Estate Affidavit (the bank should have a form) and an original death certificate. No attorney necessary! If you are already on her bank account, then may already be the owner upon her death. Ask the bank.
Just have your parents transfer the house to you NOW. This will avoid the Medi-Cal recovery after their death. - No cost
You can also go to court and have the house transferred to you to avoid the Medi-Cal recovery should your parents be unable to transfer the house to you. Transferring the house AVOID the recovery problem.
Each item that is part of the probate estate must be listed in a manner on the Inventory and Appraisal that would allow the referee to place his/her value on that item with your guestimate as to the value on the date of death. You should call the court and ask for the address of the Referee and sent it to him/her to appraise. The land is listed with a full description as found on the deed. After the assets have been collected and creditors claims settled, you need to petition the court...
I practice in CA. In CA the terms of the Trust specific who is entitled to an accounting and when. Under CA law, a beneficiary is not usually entitled to an accounting while the Settlor is alive. However, under the circumstances, you may hire an attorney in Beaufort to request the accounting and file a petition with the court to compel the accounting IF you have some proof of the mishandling. Generally, you can't use the court to "fish" for evidence. You have to show some evidence of...
No. As long as you are the designated beneficiary on his pension, under federal ERISA law, you are the beneficiary. Anyone may challenge the designation; but it is extremely difficult to overturn a beneficiary designation.
I would list her brother's estate name and case number with "unknown". The basic bond is $6,000.00 and costs about $100.00 per year. That will suffice with the court until you have more information.
Hand Holding & Availability. The most important qualifications should be how he/she relates to you and how available he/she is to answer your questions. Many attorneys see you for a short time then turn you over to a paralegal. The most brilliant attorney with loads of credentials may talk and prepare complex documents that you do not need or understand. Ask for a free consultation (over the telephone or in person)to see if there is a fit. If not, go elsewhere. You don't want to be rail...
Absolutely. You may petition to be appointed Personal Rep in John's sister's probate. The reason for the second probate is that when John died, his sister was an heir. Since she died after John and before the estate was distributed, her share needs to go to her estate. Thus the second probate.
Do not cancel and start from scratch as each petition will require new fees and publication. You need an attorney to assist you in providing the court with the appropriate paperwork and giving...
You are describing a Trust or Will contest. There are specific grounds under CA law that apply. You definitely need an attorney to defend the allegations against you for undue influence. Part of the answer will be found in how long you were married and when he changed his trust. The longer the marriage, the stronger your position. I am confused as to whose attorney is asking for information. If it is your husband's attorney, then he is out of line as he prepared the Trust amendment...
How is title to the house held?
1. If joint tenancy/if community property with right of survivorship - you need an Affidavit death of Joint Tenant with an original Death Certificate.
2. If community property - check with a title company and ask what is required. It may or may not need to be probated.
3. If your husband's name alone was on the deed, then you need a probate.
The Affidavit you may do yourself. Probates should be handled by an attorney.