I have a question on California Probate code section 10800 (b)

Tricky answer. Technically if you do not sell the stocks during the probate or recognize the loss for the estate tax returns then you can use the...

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Great question, difficult answer. In California the budget restrictions on the Court system has severely impacted the timing of California...

Who is the rightful heir?

Generally the issue of a deceased child has priority over siblings which means in english that grandchildren have priority over aunts and uncles in...

Absolutely. Just keep a record of the general description of the item and the amount received. If the item has a value of over $1,000 you may...

Everything my colleagues have stated is true. Technically speaking you should not sell it without the probate unless the estate is worth less than...

Hello my mom lives in los angels and she and my dad owned their home through community property. Can she avoid probate ?

If the house was held as “joint tenants” or “community property with right of survivorship” and your mother is still alive then there is no...

My deceased brother has $30k in cash and $87k in a 401k plan. However his 401k listed a beneficiary who predeceased him.

I agree with the previous answers that because the estate is under the $150,000 you do not have to complete a full probate. However, my experience...

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If there is no will, and your mother dies your only option is probate? What if there are no funds to file?

I concur with the other attorneys however I would call some local probate attorneys and inquire if they will accept a lien on the property for the...

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How to transfer property ( land) after probate in California?

That is highly unusual that the probate closed without the proper transfer into your name because Form DE-295 requires you to attach a copy of a...

Can HOA address pre-lien letr. to decedent (only) at his home & then properly file for lien when knowing probate pending?

The HOA is entitled to file the lien; it is just very insensitive of them. If there is equity in the property, they will definitely be paid when...