Skip to main content
Craig Martin Scalise

Craig Scalise’s Answers

168 total


  • I know I was favoured in a will 40 years ago, is there anything I can do now???

    I cannot remember the name of the executor, but it was a lawyers office in san francisco. I lived abroad and not get notice

    Craig’s Answer

    Agree with colleagues.

    See question 
  • Do I need a Family or Estate Planning Lawyer?

    I am a single father of 2 childen. Their mother passed away in October of 2012. I want to prepare legalized documentation for whom I choose to care for them should I pass on before they are 18.

    Craig’s Answer

    Agree with colleague. You should prepare a comprehensive estate plan with a local attorney.

    See question 
  • My boyfriend's mother passed away a year ago.She didn't leave a will.Soon foreclosure by the bank.How can he keep the house?

    Southern California. He's been living in the house since he moved in to take care of his dying mother almost 2 years before she actually passed away. Does he have a right to the house? A probate lawyer is now helping him. I find this confusing bec...

    Craig’s Answer

    Yes, he should have a probate lawyer. Even though his mother did not have a will (intestate), probate appears to be necessary based on the information you provided. It takes time and can be costly.

    See question 
  • If a death occurs on a military base, is the probate process different?

    Since it is Federal land, and the death is handled on base, how does this affect the rest of the process?

    Craig’s Answer

    Agree with colleagues. Here is some info you may find helpful.

    F. Determining Domicile or Location of Estate of Decedent
    §7.20 1. Statutory Requirements
    The decedent's estate must be administered (i.e., wills must be proved and letters granted) in the county in which (Prob C §§7051-7052)
    • the decedent was domiciled at death (regardless of where the decedent died) (see §7.21);
    • the nondomiciliary decedent died and left property; or
    • if the nondomiciliary decedent died outside of California or did not leave property in the county in which he or she died, then in any California county in which the nondomiciliary decedent left property.
    If the nondomiciliary decedent has property in more than one county and more than one petition is filed, the superior court in the county in which the petition for ancillary administration is first filed has exclusive jurisdiction. Prob C §7052(b).
    NOTE: Property includes real and personal property. Prob C §62.

    §7.21 2. California Domiciliary Decedent
    If the decedent was a California domiciliary, it is still necessary to ascertain the county of domicile at death because the proceedings must be brought in that county. Prob C §7051. Domicile requires a physical presence in a particular place and an intent to make that place one's home. See Estate of Phillips (1969) 269 CA2d 656, 659, 75 CR 301. Residence usually is synonymous with domicile. Normally this will be clear enough, but occasionally, as when the decedent was ill or elderly and moved to live with relatives or in a rest home, or the decedent was in the **** MILITARY ***, the question arises about whether the decedent has changed his or her domicile. See, e.g., Estate of Glassford (1952) 114 CA2d 181, 249 P2d 908. Therefore, before preparing the petition, the attorney should determine the proper county in which to commence the proceeding.
    PRACTICE TIP: Be aware that some counties require that proceedings occur in certain geographical subdivisions of the court, depending on which part of the county was the decedent's domicile.
    For further discussion of determining domicile, see chaps 11-12.

    Source CEB © The Regents of the University of California

    See question 
  • HOW DO I FILE FINAL ACCT OF GUARDIANSHIP ESTATE WHEN IT SHOULD HAVE BEEN FILED 2 YEARS AGO. TITLE ON HOUSE NEEDS TO BE CHANGED

    BOTH KIDS OVER 18, TRYING TO REFI, TITLE CO WANTS FINAL ACCT I DIDNT DO. CANT AFFORD MAJOR ATTORNEY FEES. DO I NEED ONE TO GET ME OUT OF MY MESS?

    Craig’s Answer

    You should consider hiring an attorney. If you need a referral, try the Los Angeles County Bar Association - http://www.lacba.org/. Also, look for one on Avvo .

    See question 
  • How do I , with no funds and in California, get the $2k to $3k that father had in a bank. He died 30 days ago in Brewer Maine?

    I am in Berkeley,CA. I am a paralegal. My father died in Maine 30 days ago. I am next of kin. I handled funeral arrangements - he was buried in Rhode Island. Nursing home (Kindred) gave no notice to me of death or any cooperation re anything...

    Craig’s Answer

    Since he lived in Maine, you will have to look to the laws of Maine. Look for the Nolo Press book on probating an estate in Maine.

    See question 
  • What can I do about a relative executor who has not sent the family copies of my grandfather's Will?

    It has been over one year (this month,) since our grandfather died, and none the other family members have received a copy of the Will nor have any attempts been made to contact us. The last conversation I had with my relative/executor (three mon...

    Craig’s Answer

    You should consult with and possibly retain a local attorney. For a referral, go to the San Bernardino Bar Association- http://www.sbcba.org

    See question 
  • UTMA Gift Limits in California

    What is the gift limit under UTMA for California? I read somewhere that transfers over $10,000 require court approval in California? How much can one gift to a minor in California, without requiring court approval? When does the $10,000 limi...

    Craig’s Answer

    See this link - http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Frequently-Asked-Questions-on-Gift-Taxes

    See question 
  • I was designated as one of four executors to my mother’s will. The other three are my siblings. I do not wish to be an executo

    The attorney that drew the will up and has been hired by my siblings tells me this can not be done and that I must file as an executor and then gift anything back to the siblings, I just want to wave all claims to the estate.

    Craig’s Answer

    Attorney James is correct. You are not required to be the executor.

    See question 
  • Is there a time limitation to file as an heir and/or contest mishandling distribution of a relative's trust/estate?

    Two+ years ago my mentally incompetent aunt's estate was swindled by my 3rd cousin. He had attorney change her will/trust to put everything in his name just days before her death. Original will not found. Two of my Aunt's nieces and her deceased h...

    Craig’s Answer

    Agree with colleague. Please consult with an attorney. Los Angeles County Bar Association - http://www.lacba.org/

    See question