Bert Z. Tigerman's Answers

Probate Fraud Will & trust in CA. never went through probate court.,

It is unlikely that either the DA or the California AG will be interested. Unfortunately, you will have to retain a lawyer to bring an action (probably in the County in which your brother resides) or you could try to file the action yourself, without a lawyer. The California Bar and many local bar associations offer lawyer referral services - some have no pay or low pay panels. Copy the link below and paste it into your browser to get a list. Good Luck. Disclaimer: Please note that this...

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Do I have any legal say as to what assets are assigned to me as a beneficiary of a trust?

Assuming your mother was resident in California, Probate Code Section 16061 and following sections requre that the Trustee give you notice of of your right to be provided with a copy of the trust. You are also entitled to a report of the assets, liabilities, receipts and disbursements of the trust. Of course, what you are entitled to receive is governed by the trust provisions. As a beneficiary you have full standing to receive all information. If the trust provides that you are to receive...

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Assume debt on fathers loans after passing

If the properties are not homes or small residential and/or the loans were not made at the time of the acquisition of the properties (purchase money loans) then Mr. Baer is correct. If however these are purchase money then there is no personal liability on the borrower. In any event you might consider what the risk exposure is. If the properties have equity in excess of the loans there would appear to be little exposure. The lenders would first have to go to a judicial foreclosure and then...

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Doe's my mother who is on social security have to pay my deceased fathers bills?

Both lawyers are partially correct. As a legal matter generally the decedant's estate is liable for his debts. If there is no estate there is no liability on the part of survivors. On the other hand, if a creditor claims that the debt was for the necessities of the family, the surviving spouse could be liable for it. The issue would be whether the debt(s) incurred were for support and maintenance of the "community." There may be a shorter or different statute of limitations in this...

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Probate Fraud

I cannot tell from your question whether there was a probate proceeding. You state that your father's "Trust and estate were held" in California. In what state did your father reside at the time of his death? If there is a probate proceeding pending, it should be in California. That proceeding would be the place for your to make your complaint. If there is no probate pending, and all of the trust assets are held in the trust, you will probably have to pursue the trustee in the state in...

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WHEN IS AN EXECUTOR PAID?

I am not clear what your status is if the estate is "not supervised by the California Probate Court." If your reference is to the handling of an estate of under $100,000 pursuant to sections 13000 et. seq. there is no executor. An executor is a person or entity appointed by the probate court pursuant to a petition to probate a will filed in California. If you are an executor by reason of being appointed in some other jurisdiction, the law of that jurisdiction will govern your compensation.

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How do you get an asset into a probate if it shows up years later (stock certificate).

Look at the order on the final account of the original decedent. It is often common practice to include an "omnibus" clause that recites (in summary) that any after discovered assets of the decedent wlll be distributed in accordance with the order. If this is the case, the executor of the estate should go to the probate court and seek possession and title to the stock certificate. DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or...

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Follow up question to Probate Code 17200 (7)(a)(b)

Alas! The Superior Courts have not yet totally caught up with our new electronic world. The Los Angeles County local court rules provide that electronic service may only be made if the parties have previously agreed to this form of service. The California Code of Civil Proceedure provides for service by fax, but only by prior agreement by the parties. I suggest that you make service by mail. In that regard the code (CCP 1013 (a)) provides in part: "In case of service by mail, the...

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Who has burden of Proof

I am afraid that the attorney for the executor (trustee?) is correct. Initially you will have to contest the proposed distribution on the ground that the amount to be offset is incorrect. However, once you so testify, the burden should shift to the executor to prove that there was, in fact, a transfer of funds to you in this regard. You should consult with a competent probate lawyer. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on,...

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When does the statute end for filing a probate petition in California?

If you ae satisfied that the will is valid you should offer it for probate. There is no statute of limitations on when a probate can be opened. Once an executor has been appointed most of the issues you raise can be dealt with.

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