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Rosemary Jane Meagher-Leonard's Answers
- 193 Legal Answers
- 0 Legal Guides
2
Attorney answers:
There seems to be a delay in receiving distributions from an estate in San Francisco Ca.
Mr. Mashal is correct. Also,I read your comment in which you ask if the executor was granted authority under the Indpendent Administrations of Estates Act a hearing would still be required. The answer to that is, yes. Distributions from an estate to beneficiaries can done pursuant to the court's order. Please also see Prob Code § 11623(a) which say, in part, "Notwithstanding Section 11601, if authority is granted to administer the estate without court supervision under the Independent...
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3
Attorney answers:
I refused to sign waiver of bond due to my untrustworthy sister. My dad died interstate.
I'm sorry for the loss of your father. It sounds as though there has already been a hearng on this. Did you appear at the hearing and object to her appointment? If the court ordered that your sister must be bonded in the amount of $80,000, she will have to qualify for the bond or she cannot serve as the administrator. You state that she could not qualify for a bond due to poor credit rating. However, I would not assume that the attorney would have co-signed for her in order for her to...
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4
Attorney answers:
What happens if an elderly man can't care for himself, has no family and refuses to discuss power of atty?
I agree with Attorney Frederick. As has been said, where an individual has not, and refuses to, take care of matters in his best interest, then the way to ensure that these things are taken care of would be to establish a conservatorship. You should also be aware that hostility is not uncommon in individual’s suffering from dementia. This may mean that the friend’s ability to execute his health directive or other documents may be limited by his progressive incapacity. With a conservatorship,...
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2
Attorney answers:
Brother passed away. no will, no trustee. assets few, uncashed checks.
I am sorry for your loss. The prior attorney is correct in regards to the use of an Affidavit or Declaration of Small Estate. California does have this procedure available. Under Probate Codes Section 13100, if the gross value of the decedent’s real and personal property, that is located in California, does not exceed $150,000, and if 40 days have elapsed since the death of the decedent, the successor of the decedent (you) may proceed to collect the estate assets for payment of his expenses and...
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2
Attorney answers:
Is my fathers conservator obligated to contact the heirs of his estate?
I’m sorry for the loss of your father. I agree that more information is needed to fully answer your question. In general, the conservator will usually have been granted certain powers when the conservatorship was established. With authority under Probate Code Section 2590, Probate Code Section 2591 provides, the court can order that the conservatee be permitted to exercise certain powers and take certain actions on behalf of the conservatee without court approval. These powers can include the...
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3
Attorney answers:
Who does inherit assets when the one who passed away left no will and has just step children and nephews?
In California, when an individual dies without a will, their estate passes by way of intestate succession. In both of the cases you have described, the decedent has died without a spouse, natural or adopted children. From your post, it is difficult to determine whether you are talking about two separate decedents or one. For purposes of my response, I am assuming that you are talking about two individuals. In your first case, the deceased individual apparently did not have surviving...
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2
Attorney answers:
How do I do this correctly?
I am sorry for the loss of your father. You are wise to wait until you understand what the waiver of accounting entails before you sign it. As a trust beneficiary you are entitled to an accounting from the Trustee. You are under no obligation to sign a waiver of accounting (California Probate Code § 16062). Also, even if you do sign the waiver, you retain the ability to make a written withdrawal of the waiver at any time (Probate Code §16064(c)). Under Probate Code § 17200, you also retain the...
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3
Attorney answers:
Notice of Continuance for Civil Hearing Date?
I agree with Attorney Chen and Attorney Lee. I would just add that the most common reasons for requesting a continuance are that you cannot be in court on that date due to a conflicting, prior engagement (if the other party is the moving party) or that something unexpected arose that would make your appearance at the hearing impossible or at least very inconvenient. If you are not the moving party, then you can ask the moving party (or his/her attorney, if he/she has one) if they will...
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2
Attorney answers:
Do I need a Affidavit Of Lack Of Probate
I am sorry for your loss. I agree with Attorney McVittie. The law that applies would be that of the state of Washington, even if your father was a California resident at the time of his death. Whether or not you need to divide the proceeds with your brothers and sisters depends on how title to the real property was held, as well as what your father's intent was. In most states, if the property was held in joint tenancy, then you would be entitled to the entire proceeds for the sale. In most...
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3
Attorney answers:
Do I need a Lawyer do to step mom preventing me from seeing my father who's. Elderly but still has a sound mind?
I’m sorry for your situation here. Your father is fortunate to have a caring and concerned daughter such as you. I agree with Attorney Grain. As he has stated, common law marriages are not recognized in California. Therefore, unless your father and your “step mom” registered with the state as domestic partners or they had sometime of agreement regarding finances, she does not have the right to make decisions concerning his finances or his last wishes. Assuming that your father is over...
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