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Jennifer Nicole Sawday
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Jennifer Sawday’s Answers

97 total


  • Do we have to file a Haggsted motion?

    My parents both passed away this year. They had a living trust but no pour over will. My brother was named successor and my niece named as second successor. If my brother doesn't want to file a Haggsted motion and rather have go through Probate, c...

    Jennifer’s Answer

    I understand what you are trying to do, but you have to follow your parents' wishes via their trust. You cannot pick and choose which is better for you and your brother where they have a valid trust and your parents desired to provide for their grandchild (which I assume is your niece). The Heggstad petition is designed to get a court order to get the property back into the trust due their refinance.

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  • I paid for my dad's obituary in a newspaper. Can I get reimbursed from his probate estate?

    After my dad died I thought it was important to run an obituary in the newspaper for him. I paid a fair amount of money for the obituary. Am I entitled to get reimbursement from his probate estate for this money? Or will the court say this is n...

    Jennifer’s Answer

    You should submit this claim as a Creditor Claim with the person who is in charge of the probate and following the process for doing so. You can consult with an attorney to help you complete this form. It's amazing how much money obituaries cost these days!

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  • How can I best meet the state's requirements to collect this unclaimed money.

    My mother passed away in 2011 ( I am the only survivor) and even though there was a will, it was never probated. This was because there was not much left after the nursing home expenses and other assets were already in my name as either TOD or joi...

    Jennifer’s Answer

    You'll need to consult with an attorney in Massachusetts or talk to a representative with the Massachusetts unclaimed funds database -- this is for California attorneys to assist with basic questions.

    If your mom was a California resident when she died -- then you can provide the information you have and explain that probate was not required in California and perhaps present a California small estate affidavit.

    I know this is vague, but your question was also somewhat not clear. : (

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  • After a little research on line, I think we can go proceed with a Small Estate Affidavit? Is this true, or is Probate needed?

    My mom recently passed away without any plan or will. She was not married, didn't own much, ie no home, but a few accounts, car, and personal possessions and knick-knacks. She also has my two other siblings, who would like for me to be in charge.

    Jennifer’s Answer

    If your mom died in California and her assets are not held jointly or name a beneficiary -- and the value of all the assets do not exceed $150,000 -- a small estate affidavit under Probate Code Section 13100 may work. It requires an understanding of the big picture and a tally of the assets that cannot be collected.

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  • Can a conservator obtain a reverse mortgage on the home of a conservatee if she signs for it with no prior court authorization?

    The conservator of my mother took out a reverse mortgage on her home and did not get any court authorization before he got my mother to sign for the mortgage. In the California conservatorship documents, my mother was declared to be totally mental...

    Jennifer’s Answer

    There may have been orders entered to allow for the reverse mortgage. There are a few probate lenders that may lend money if there is equity to avoid the foreclosure. Have you objected to any of the conservator's accountings? Otherwise your next step is to file for removal and possibly surcharge if the conservator was in breach of her duty to the conservatee.

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  • Do I need an estate attourney?

    My mother-in-law passed away on April 25, 2015, and did not have a will. She had 5 children, and they have several properties that they were planning to sell and split the money between all 5 children. Well unfortunately my husband who was one o...

    Jennifer’s Answer

    Yes, you should seek the advice of probate counsel to see what your rights are and if your kids will take from your husband's share. Your kids could also commence probate if a proceeding has yet to be opened. I am sorry to hear about your husband's passing.

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  • CA LA county probate court a formal demand or accounting

    Can someone please tell what form name or number I would use in the CA LA county probate court a formal demand or accounting of an estate. Can you also give me a price to have you file this form.

    Jennifer’s Answer

    Everyone is correct. You have to prepare a pleading to request the administrator or executor to file the accounting. If probate has been opened for less than a year, there is usually a calendar date called an OSC date to file an accounting near the one year period. You can appear at this hearing and request an accounting. Have you filed a request for special notice so you can monitor the probate? The filing fee has increased to $465 to include the court reporter fee. You may qualify for a fee waiver though.

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  • Disadvantages of a Springing POA?

    Now that our children are grown, we're reviewing our Estate Planning. When my own parents were alive, there was a lot of drama over which of their kids held Health CarePOA, Financial POA, Executor, and Trustee titles. They gave each of us kids a...

    Jennifer’s Answer

    You should have a POA that makes you feel comfortable.

    A springing POA is effective when you are declared incapacitated by two doctors as outlined in the POA or other requirements that may be specific to your POA.

    A POA effective immediately can cause issues if you have many family members who fight, bicker or have different agendas.

    You can always name a non-family member to be your agent -- like a trust company or other fiduciary, which would avoid the family issues.

    Talk to your estate planning attorney about your concerns and do what makes you most comfortable.

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  • Can a parent transfer a home to a child's "Special Needs Trust" for child's lifetime without tax consequences to parents.

    Value would be $1.5 million.

    Jennifer’s Answer

    • Selected as best answer

    There are multiple ways a special needs trust can be set up for a child. It may be best to structure it within a parent's estate plan so that the child can receive the step up in basis and the parent can still own the home during their lifetime(s). It is easy to carve out a special needs trust provision in a trust for the parents. If the home is transferred now, there will be a Prop. 58 issue (which will exist later too) and a gift tax reporting issue as well. Talk to a local estate planning attorney about your concerns so you can evaluate your options.

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  • When 2 people want to be co-conservator 1 for person & 1 for estate do each person have to fill out separate forms or 1 form?

    I am a applying 2 be my grandma's conservator of her person, her finacial adv is going to apply for cons. of the estate(he has been with her more than any family member and she loves and trust him)so we can be co-conservators. I have the forms but...

    Jennifer’s Answer

    You should seek the advice of an attorney near where you will be petitioning the court. The Petition for Conservatorship has boxes for who should be the conservator of the person and who should be conservator of the estate so one form can be used, but if you both get attorneys they may want to petition separately.

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