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Bert Z. Tigerman

Bert Tigerman’s Answers

860 total


  • My estranged father died what happens to his estate?

    I am the first-born child of a man who left my family in New Hampshire and remarried and started a new family in California and had 6 children. My father recently passed. He owned a house jointly with his new wife who he has been separated from fo...

    Bert’s Answer

    If the only asset is the house which "he owned jointly" with his new wife, the question will be how title is held. If the "jointly" is as "Joint tenants" the property automatically passes to the surviving joint tenant. There is nothing to probate. If, on the other hand, the title is held as "tenants in common" one half of the property would be subject to probate and the laws regarding intestacy would apply.

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  • For an inter vivos trust to be valid in Calif, must an attorney review the trust and in what $ amount must be funded, and how?

    The sole purpose of this revocable living trust would be to serve as the named beneficiary of IRA's and to preserve a "stretch" of the IRA principal over the trust's beneficiary's life expectancy (i.e. min required distributions only). In addition...

    Bert’s Answer

    The designation of the trust as a beneficiary IS a funding of the trust. An attorney is required but it would be advisable to consult with California counsel.

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  • Does this have to go to Probate?

    Mother died, w/o legal will (hand written no witnesses but just left to her kids). All she had was a mobile home w/ 27K still owing - bought for 100k in 1999 in San Diego, CA. I want to get loan and pay it off, sister said that is ok with her a...

    Bert’s Answer

    If the trailer is worth less than $150,000 a transfer can be done under the provisions of Probate Code Sections 13100 and following. You can then work out a deal with your sister.

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  • How does one go about getting a new order for distribution under Probate Code 11603(c)? File a motion or file a Petition?

    Is it necessary to reopen the estate and appoint an executor again? Right now, the money is with the State Controllers Office, having been transferred from the County Treasurer. How can one obtain a new order of distribution pursuant to 11603(c)...

    Bert’s Answer

    I believe that the prior executor still has the obligation to complete the distribution under 11603(c). I suggest that the executor file a petition..

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  • Can a federal court in a civil action hear a state court case on a probate matter if the parties are the same.???

    If the plaintiffs and defendants in the probate matter are also plaintiff and defendants in the civil/federal matter matter can the federal court transfer the case to fed court.??

    Bert’s Answer

    Not enough info. As a general matter the jurisdiction of the probate court is exclusive in the state. However, there are circumstances (for example, in bankruptcy) where the issues in the probate court can be tried in a federal district court.

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  • Notice of claim /trust Calif

    I am going to definitely sue a calif trustee for "breach of Fiduciary duties " regarding a trust that I am an heir of. I know he has an insurance policy covering his acts as the Trustee . I do not know the name of his insurance car...

    Bert’s Answer

    I suggest that you seek the counsel of a probate/trust lawyer. There is no need to serve any "notice" on either the trustee of any insurance (or bonding) company. Just file the action in the LA probate end -- and seek the trustees removal.

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  • Can landlord hold us liable for utilities, washer/dryer? (L/L is deceased brother's trust managed by his kids.)

    Home was gramp's, then mom/dad's. Brother got house after dad died & mom wd live her life out there. Sis & I moved to mom's house 2+ years ago to care for her til she died early this year. We stayed on to dispose of mom's belongings, not easy as ...

    Bert’s Answer

    Unless there is some document saying that mom wanted sis to have the washer drier they transferred to the trust at mom's death. The value however of a used washer/drier is probably very little. As far as utilities are concerned- who was paying them before mom's death and after until you moved out. It can be argued that the that practice established the understanding of the parties and will govern the claim. In all it seems like a chicken - ___ claim. If they go to small claims court you should defend yourself - I think you would succeed.

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  • Probate auction sale of property

    My father's estate includes a 2 bd 1 ba house 780 sq feet estimated worth 59,000 being sold as is , the lot is 219451 and it's 76.00 per sq feet can the house and property both be sold for the 59,000? Or will the whole lot be sold with the hous...

    Bert’s Answer

    Generally an appraisal includes the structure and the related real property. The only way they can be sold separately is if you sever one from the other and sell the house to be moved to another property.

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  • In a court confirmed probate sale what happens if an offer is accepted prior to the property being advertised three times?

    Do I need to submit a new offer dated after the ad was published the third time? Or should I bring a new offer with me to the next court hearing?

    Bert’s Answer

    Just to be safe I suggest that you resubmit your offer. +

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  • What exactly does a living trust do?

    Were trying to protect the home and property were my parents live if my father should pass one day, What legal steps can we take now to keep the State or Social security in the future from trying to collect earnings back from the property if his w...

    Bert’s Answer

    Attached is a link to an American Bar Association discussion of Living Trusts.

    http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/wills/chapter_5.authcheckdam.pdf

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