Thomas William Dominick’s Answers

Thomas William Dominick

San Bernardino Probate Attorney.

Contributor Level 8
  1. How long can funds by a Conservator be withheld from the beneficiaries after the estate has been closed by the court?

    Answered almost 3 years ago.

    1. Thomas William Dominick
    2. Molly Cristin Hansen
    3. Richard Alan Rodgers
    3 lawyer answers

    You mention that the conservatorship was "officially closed", which I take it to mean the court has approved the conservator's final account and report. If that is the case and you failed to timely bring these issues to the court's attention, it may be too late to challenge her actions now. As to your main question, when the conservatorshio is ordered closed, the order typically requires the conservator to promptly turn over the assets to the personal representative of the deceased...

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  2. Are verbal wishes valid after death?

    Answered almost 3 years ago.

    1. Michael Charles Doland
    2. Thomas William Dominick
    3. Steven Alan Fink
    3 lawyer answers

    I agree with both counsel here. The decedent's verbal wishes are not a substitute for a will. Hopefully, she also expressed those wishes to the brother, that he will agree to follow them and the rest of the family (those named in the will) will go along with it.

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  3. My brother signed away all rights to a home listed in my parents trust. I am the only other beneficiary. Is the house mine?

    Answered about 2 years ago.

    1. Andrew Paul Stamper
    2. James P. Frederick
    3. Julie Aletta Paquette
    4. Thomas William Dominick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    if your brother indeed signed a disclaimer or waiver of any interest in the rental, then the house and any profits from it should pass to you.

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  4. Should I have a lawyer to administer a trust as trustee?

    Answered about 2 years ago.

    1. Thomas William Dominick
    2. Michael Raymond Daymude
    3. Steven J. Fromm
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    I agree with the comments of other counsel here. There are a number of legal steps which need to be taken to administer the trust, including sending notice to the relatives under California law that the trust is now irrevocable by reason of the death. This will cut down the time to contest the trust from 3 or 4 years to 120 days. I strongly suggest you consult an attorney who is experiences in estate and trust matters.

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  5. Parents deceased 5 years, assets 200K+,was a will, probate closed, paid to 4 of us. Now found old asset 180K now what? In Cali.

    Answered almost 3 years ago.

    1. Molly Cristin Hansen
    2. L Christopher Arvin
    3. David S Hoffman
    4. Robert V Cornish Jr.
    5. Thomas William Dominick
    5 lawyer answers

    I agree with everything that other counsel have said. An attorney should be able to help you (the four beneficiaires) collect this money without having to reopen probate and for much less than the 10% the company plans to charge.

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  6. Where can one get a copy of a trust that went through probate?

    Answered almost 3 years ago.

    1. Steven Alan Fink
    2. Thomas William Dominick
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    A agree with other counsel. if the house was in the trust, the you won't find any record of a probate. You don't say whether your sons were also your ex's sons. If they are, then they would be entitled by law to a copy of the trust. It is possible that if the trust was never changed, they would be entitled to a copy even if they were not your ex's sons. You should consul with an attorney in your area that is familiar with probate and trust matter. Best wishes to you.

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  7. Does a perons have to pay past due income tax if they are deceased?

    Answered almost 3 years ago.

    1. Curtis Lamar Harrington Jr
    2. L Christopher Arvin
    3. Thomas William Dominick
    4. Deborah Kay Patterson
    4 lawyer answers

    The estate must pay any taxes due from your father. Your message suggests your father had a will. If it was done before he married your stepmother, she may be entitled to share in the estate as an omitted spouse. However, the estate may be able to seek an order that she pay a portion of the tax under the allocation provisions of the probate code. As suggested by other counsel, you should meet with your sister and her attorney to go over the issues and a game plan for getting some of the...

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  8. My Uncle is an executor of a trust. He sold a house that is ours and is keeping the money. Is this legal? What can we do?

    Answered over 2 years ago.

    1. Robert Paul Bergman
    2. Thomas William Dominick
    3. David L. Carrier
    4. James P. Frederick
    4 lawyer answers

    I agree with counsel's remarks. You should consult with an experienced trust and estate lawyer in your area to determine your rights.

    4 lawyers agreed with this answer

  9. Question re probate appraisal and final distribution

    Answered almost 3 years ago.

    1. Paul John Mori
    2. Thomas William Dominick
    3. Timothy Edward Kalamaros
    3 lawyer answers

    I concur with Mr. Mori on all counts and would add that section 8906 of the Probate Code requires an objection to an inventory to be filed "before the hearing on the petition for final distribution". There are adverse consequences if the court determines the objection was filed without reasonable cause. There is nothing to prevent you from obtaining and appraisal on your own other than possibly access to the property. You do not state why the appraised value is important to you; i.e. if it...

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  10. I was sued over unpaid rent for my deceased husband's boat slip. What should I do?

    Answered almost 3 years ago.

    1. Nicholas Basil Spirtos
    2. Thomas William Dominick
    3. Frank Wei-Hong Chen
    3 lawyer answers

    To add to what Mr. Spirtos said, you can argue that you were not a party to the oral rental agreement and, therefore, cannot be liable to the plaintiff for rent.. You do not state when your husband passed away. If it was more than one year ago, the statute of limitations in Code of Civil Procedure section 366.2 bars the claim against your husband and his estate.

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