Janet Lee Brewer’s Answers

Janet Lee Brewer

Palo Alto Estate Planning Attorney.

Contributor Level 17
  1. What if i cant afford a bond on probate of a prop

    Answered over 2 years ago.

    1. Janet Lee Brewer
    2. Steven J. Fromm
    2 lawyer answers

    If the Court required you to obtain a bond in order to probate your father's estate, the estate should pay the premium - it is a valid expense of administering the estate. If the estate does not have sufficient funds to pay the premium, then I can think of only 2 choices (1) petition the probate court to require that you hold any probate funds in a "blocked" account until the probate proceeding is finished, or (2) have all of the heirs file a "waiver of bond" and file a petition with the...

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  2. My landlady died and her estate is in probate. Is there a thing as squatters rights if the proprty? If there was not a will? And

    Answered over 2 years ago.

    1. Janet Lee Brewer
    2. Frank Wei-Hong Chen
    3. Steven J. Fromm
    3 lawyer answers

    If you are a tenant - even if you don't have a lease, you cannot be forced to leave without notice. Whether you're entitled to 30 days' notice or 60 days' notice depends on certain factors such as the length of time you've resided in the property (that question would best be answered by a real estate lawyer familiar with eviction or "unlawful detainer" proceedings). Having a lease or not having a lease does not affect your rights to receive notice. You say your landlady did not have a will...

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  3. Is there any way for me to obtain a copy of my father's will - without going through my stepmom?

    Answered almost 4 years ago.

    1. Janet Lee Brewer
    2. Troy Austin Pickard
    3. Steven J. Fromm
    3 lawyer answers

    If your father set up a custodianship account for your daughters, it might be next to impossible to find it ... I suggest that you check the State Controller's Unclaimed Property website to see if there are any accounts listed in their names or in your father's name. You can file a petition to probate your father's estate. If there is a will, your stepmother will need to produce it (and explain to the Court why she hasn't produced it earlier). If you are successful in being named as the...

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  4. When we make a will or change a will each time? Do we should put "LAST" word in front of " WILLS"?

    Answered about 1 year ago.

    1. Kelvin P. Green
    2. Paula Brown Sinclair
    3. Janet Lee Brewer
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    As Ms. Sinclair states "ttorney's don't sell pieces of paper; they sell services". If you aren't sure of the legal reasons for calling your will a "last will", it seems to me that you don't understand some of the fundamental issues that you need to know to make sure everything passes to the people you want to pass your things to at the time of your deaths. Most lawyers don't charge a lot of money to set up a will. I urge you to see a competent estate planning lawyer. And remember,...

    4 lawyers agreed with this answer

  5. How long forCalifornia probate on a bank account not included in a trust and no beneficiary name on account?

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Eric Jerome Gold
    3. Janet Lee Brewer
    3 lawyer answers

    If the bank account plus other assets that were not in the name of the trust are worth less than $150,000 then your mother can file a "small estates affidavit" with the bank 45 days after your uncle's death. If the assets that were not in the name of the trust are worth more than $150K, then they will need to be probated. That will take a minimum of 6 months, but probably several months more than that. Your mother should contact a competent estate planning/probate lawyer to assist her.

    4 lawyers agreed with this answer

  6. Does a bank record overturn a living will

    Answered almost 2 years ago.

    1. Janet Lee Brewer
    2. Stephen Wills Murphy
    3. James P. Frederick
    3 lawyer answers

    I agree with Messrs. Frederick & Murphy. If there's a beneficiary designation, the property goes directly to the beneficiary; it does not pass through probate.

    4 lawyers agreed with this answer

  7. I live in California, my father died 25 years ago I was the executor. My 1/2 brother who was 15 at the time now wants paperwork

    Answered about 2 years ago.

    1. Janet Lee Brewer
    2. Benjamin Valdez Platon II
    3. James P. Frederick
    3 lawyer answers

    If your question is "do I have to produce the paperwork?" or "should I have kept it", the answer is don't worry about it ... your half brother should have asked for it years ago (the clock started running when he turned 18). Any rights he might have had to receive the paperwork expired long ago (the legal concept is called "laches" - an unreasonable delay in pursuing a claim. Furthermore, if he was 15 at the time of your father's death, he presumably had a guardian who was responsible for...

    4 lawyers agreed with this answer

  8. How do we find my father in laws will if he had one

    Answered about 2 years ago.

    1. Janet Lee Brewer
    2. Peter Robert Stone
    3. Lisa Kaye Deselms Dent
    3 lawyer answers

    Unfortunately, if you don't know where your father-in-law kept his will, it will be virtually impossible to find. If he had a safe deposit box, you can go to the bank with a death certificate and the bank manager should let you search the box for a will (be aware: the bank manager will accompany you and won't let you take anything else out of the box). You might also contact the local city/county bar association and ask them to send out an email blast to their members asking if anyone...

    4 lawyers agreed with this answer

  9. Want to create a will to add to my Moms previous will to protect her against renters wanting to do construction to get property

    Answered about 2 years ago.

    1. Janet Lee Brewer
    2. James P. Frederick
    3. Nicholas Basil Spirtos
    4. Bradley David Liggett
    4 lawyer answers

    It's not clear to me what a rental agreement will do to protect your mother's property against unauthorized changes to the house. Just having a rental agreement in place certainly would not prevent your mother from signing ownership over to someone. As Mr. Frederick said, you need to speak with a competent estate planning lawyer. Do-it-yourself planning is foolish - especially in a case like this.

    4 lawyers agreed with this answer

  10. What constitutes a properly done will in CA?

    Answered about 2 years ago.

    1. Janet Lee Brewer
    2. Michael Charles Doland
    3. James P. Frederick
    3 lawyer answers

    Under the right circumstances a fairly "casual" note that's signed and dated can be admitted as a will ... as long as it's entirely in your own handwriting. It can be on the back of an envelope if it says "this is my will. Give all my property to (name)." .. I got one like that admitted to probate a number of years ago. BUT, it would be better if the will were more formal - that way, it's less likely to be challenged. And since there are no "do-overs" after you're gone, if it's...

    4 lawyers agreed with this answer

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