My mother passed away 2 weeks ago. my brother who had power of attorney for maybe 4 years prior to her passing; says shas no wil

As my colleauges state you need to start a probate proceeding so you can explore the real estate. Frankly it is easy if you have the right tools...

My colleagues are correct. The State Bar of California http://calbar.ca.gov is always interested in California attorney malfeasance by an attorney...

My mother (recently deceased 2015) has checks being sent to her but she left no will or power of attorney.

Creditor’s Claim - California Code of Civil Procedure Section 366.2 states that almost all actions against a deceased person must be brought within...

How to get out of probate court

My colleagues are all correct but they have not given you possibly the most important piece of information. There are specific exclusions that may...

What is the difference between executor of an estate and administrator?

My colleagues are correct though I will add that if you are a named Executor in a Will there are statutes that require you to file the Petition For...

What happens if the heirs live on both properties and never file for probate? Is there a penalty?

There is no probate penalty. The only issue you may face is capital gains taxes may apply if the property values increase from the date of death...

How do i ammend a petition for probate?

That is very peculiar that your powers are not checked. On the Letters Testamentary box 3 should be checked and on the Order For Probate box 4 a...

How do I buy a house with a reverse mortgage

You absolutely need to contact an experienced probate attorney. First, you need to check title and the way the property was held in order to...

Who gets my moms 401k if my grandma died before my mom as she was the only beneficiary on that account & with what legal doc.

All of your mother’s estate will go to her children. The gift to grandmother (401k beneficiary designation) lapsed (fancy legal term for did not...

Should we point this out to the mortgage co? Can they now collect? Is there any way to ratify this now that he's deceased?

My colleagues are correct with their answers. However, before you file the probate, you can go to the Bankruptcy Court and look at his file at the...