Michael Edward Lonich’s Answers

Michael Edward Lonich

San Jose Probate Attorney.

Contributor Level 9
  1. My brother is Exc of my mom's will. she passed away 4 months ago. He and I do not speak. How do I find out If I am still in will

    Answered about 4 years ago.

    1. Michael Edward Lonich
    2. Charles Edward Mcwilliams Jr.
    3. Mark Allen Ziebold
    3 lawyer answers

    I agree with Attorney Mcwilliams and Attorney Ziebold. However, I will add one important point: In many states, when an executor files a petition to probate a will, he is required to give notice to anyone named in the will, as well as, anyone who would have inherited if there was no will at all – like a child of the decedent. Because you are the child of the decedent, you would have been entitled to an inheritance if she never had a will. Therefore, in many – if not all - states, you should...

    Selected as best answer

  2. Can a hospice patient on morphine make a will or trust ?

    Answered over 2 years ago.

    1. Derryl Stephen Halpern
    2. Cecilia A Tsang
    3. Michael Edward Lonich
    3 lawyer answers

    Please note under California Probate Code section 6100.5: An individual is not mentally competent to make a will if at the time of making the will either of the following is true: (1) The individual does not have sufficient mental capacity to be able to (A) understand the nature of the testamentary act, (B) understand and recollect the nature and situation of the individual's property, or (C) remember and understand the individual's relations to living descendants, spouse, and parents, and...

    1 lawyer agreed with this answer

  3. What is the law in CA on time limit for finding a missing heir?

    Answered over 2 years ago.

    1. Janet Lee Brewer
    2. Michael Edward Lonich
    3. James Leslie Walker IV
    3 lawyer answers

    Also note under the California Probate Code section 11603(c): If the probate court makes an order of final distribution and the distributee named in the order does not claim the share to which the distributee is entitled within five years after the date of the order, the distributee is deemed to have predeceased the decedent for the purpose of this section and the alternate distributees are entitled to the share as provided in the order.

    1 lawyer agreed with this answer

  4. My father has lived on ca for 19 years has real property in LA & Ca Personal property in Texas he died October 25,2011 in Ca

    Answered over 2 years ago.

    1. Dennis Pearce Kelly
    2. Michael Edward Lonich
    3. William Martin Burbank
    3 lawyer answers

    Your action would be filed in the county your father lived in at the time of his death. you should get in to see a probate or estate lawyer in that county right away, the fraud claim statute begins to run upon learning of the fraud. Don't delay as the money and evidence will disapear quickly.

    1 person marked this answer as helpful

  5. Will I get a chance to speak at the final accounting hearing for my mom's estate?

    Answered over 2 years ago.

    1. Michael Edward Lonich
    2. Bert Z. Tigerman
    2 lawyer answers

    You will get a chance to speak at the hearing for the final accounting in most jurisdictions, it is best though to file a formal statement objecting to those items you take issue with and back it up with as much proof as you can get or risk waiving your right to object. Most lawyers take such cases on an hourly contract and thus you should have no problem finding an atty. Although they will probably want cash up front for expected initial fees and costs.

  6. Is a RV repair Garage responsible/liable for damage to customer property while on business property ?

    Answered about 5 years ago.

    1. Michael Edward Lonich
    2. Ronald Lee Burdge
    2 lawyer answers

    In general the answer would be yes, leaving your vehicle created a bailment and duties of care in the garage/dealership or repair facility. But, most if not all authorized service facilities utilize repair orders that contain language protecting them from just this sort of problem. Certainly there are exceptions and you should have a local atty. look at the repair orders you signed upon dropping off your vehicle and any other documentation if any. Your local state agency overseeing repair...

    2 people marked this answer as helpful

  7. If probate has closed, how do I sell a house

    Answered about 4 years ago.

    1. Paula Jeanette Mcgill
    2. Michael E Gross
    3. Michael Edward Lonich
    4. Dan W. Armstrong
    5. Janet Lee Brewer
    5 lawyer answers

    I agree with both the answers given by Attorney Armstrong and Attorney Brewer. Although, I will add that the mortgage will still show in arrears until it is caught up regardless of the name that is attached to it. That being said, if it is transferred to your name while in arrears, it may not immediately impact your credit score, but you may have to explain your way out of the arrearages if you apply for other credit in the near future. Because each state and county have their own little...

    1 person marked this answer as helpful

  8. What are my rights as a grandparent to see my granddaughter?

    Answered over 4 years ago.

    1. Michael Edward Lonich
    1 lawyer answer

    Under California law grandparents may be granted reasonable visitation with a minor child if the court determines that the visitation is in the best interest of the child. Visitation rights may not be ordered that would conflict with custody or visitation rights of a birth parent. If a grandparent is being denied visitation, he or she or both must file an application with the Superior court in the County in which the child resides. The grandparent(s) must show to the court that visitation...

    1 person marked this answer as helpful

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