A purchase agreement was entered into escrow, and a Notice of Proposed Action served on the beneficiaries. Now the Executor has signed an amended purchase agreement with a lower price agreed upon. Does a new Notice now have to be served?
Yes an amended notice should go out. Did you already receive consents?See question
My situation is too long to list here, so I just wanted to know if what I heard from a family member is true, that an elderly person cannot create a Trust with anyone within 2 years of his/her death. The logic being that the elderly person may no...
Nice one! But no. The trust can be created anytime before someone passes so long as they have mental/testamentary capacity to do so. There may be other grounds to contest a trust so you should talk to an attorney in the city where the trust is allegedly being administered if you want to challenge it. You also have a limited time to challenge a trust.See question
My father recently died. I found a will. He named my aunt as the executor initially. Then he crossed out her name 5 years later, dated and signed the change, and then listed my brother as executor in his own handwriting. Is this a valid way to...
Likely to be your brother if the change was in his handwriting, signed and dated by your father. Does your Aunt agree to sign a declination to act to make it easier for your brother? The parties can agree on which of them can serve eliminating any ambiguity. Hope this helps!
Probate is only needed if he has assets that do not have a place to go -- no trust and he owned a home or has other bank accounts that do not have beneficiaries.See question
Adult has dementia and has no estate plan. All family members agree on the conservatorship and who should be conservator.
Glad to hear it would be uncontested. There are filing fees and court investigator fees to open a conservatorship. The filing fee has increased to $465 and the investigator fee when I last checked was $800.
If you are going to hire an attorney to handle the petition for conservatorship and represent the proposed conservator at the hearing, our office requests a standard retainer of $5,000 to begin work. The attorney would bill against the retainer using their hourly rate and also with the assistance of the office paralegal.
Usually if not contested, $5,000 is ample amount to cover the fees.
Once appointed the conservator can file a petition later to request reimbursement of the fees advanced to commence the conservatorship. Hope this helps!See question
My mom just died a couple days ago and I already feel like my brother and his kids are keeping me in the dark about my mom's financial issues. My mom was worth quite a bit of money, and she owned several properties. I'm worried my brother will do ...
I am sorry to hear about your mom. You could hire a local attorney in your county to write your brother a letter requesting copies of your mother's will, trust or other documents if she had them. You can also check how title is held for her real estate (a good attorney can do this for you) and then an attorney can tell you how to best preserve what may be coming to you either with correspondence to your brother or a court proceeding. There's quite a bit that can be done. Talk to an attorney that handles trusts and probate matters.See question
Brother passed away in California in 2009, He had now will, wife or children. He had a significant amount of money in a local back. His other sister and sister-in-law were on the accounts with him. Only he made deposits and withdrawals from the...
Generally bank accounts that have multiple joint owners go to the surviving owners when one of the owners passes away. His sisters were entitled to keep the money from that account. Also, it's been over 5 years since he passes -- I am certain that any lawsuit that you wanted to file would be time barred by now.See question
My brother, who is also a beneficiary of the family trust is claiming that he is entitled to $44,000 in fees simply based on the amount of my parents estate, which was worth around 3 million. During the three years since my mother's death he has ...
Generally the trustee of a trust can take a reasonable fee IF the trust permits the trustee to take a fee. The fee is often based on 1 to 2% of the value of the trust assets for each year of administration. So the first year fee is based on the value of the assets in the first year and so on. So if there were distributions the fee based calculation would change.
If you are not happy with how your brother has administered the trust, you can sue him for many things so long as you have grounds to do so and the time period has not run out to do so. The fee is taxable income to your brother. If you already received your fair share of the trust estate -- it may be wise to do nothing else as fighting over the little of what's left may cost you more in attorney fees than what the case would be worth.See question
My mother died unexpectedly and did not sign the back of the stock certificates over to me. It is not listed in her trust but she has a pour over will. I am the sole heir and successor trustee on her trust and pour over will leaves everything to ...
Hi, I am sorry to hear about your mom.
As for your question, it appears at the shares of the stock in the coop -- assuming Seal Beach Mutual and Golden Rain Foundation -- were not properly endorsed to your mother's living trust by your mother. If no schedule A -- it looks like the coop needs to be subject to probate. The coop is likely worth more than threshold to avoid probate. If the coop was listed in a Schedule A with the right Seal Beach Mutual number and the Gold Rain Foundation share number -- we could consider filing for a Heggstad petition. More information would be needed, but generally you are not going to avoid probate based on how you asked your question.
Jenni SawdaySee question
the borther seeks and comissions attorney and request probate. when the part about who the decesed was survided by,.he never mentions our sister,after I recive my copys I contact his lawyer 2 make him aware ,he awares my brother,nothing change...
If your sister is a heir of your father -- sounds like it! -- then she can file a request for special notice against the estate and also file a petition to determine heirship to have the court recognize that she is a legal heir. She could also consider filing a petition for removal of your brother as the personal representative if he is knowingly falsifying information to the court about your father's heirs at law.
Your sister should talk to an attorney ASAP!See question
We only have my copy of the will. The original was not found where the deceased had said it would be. Searched everywhere. My copy is the only copy. My sibling has not located her copy. I have scanned and created a digital file of my copy since th...
You can still probate a copy of the Will. It is called a Probate for a LOST WILL. You will need to authenticate the copy you have. The probate code has a procedure for this and it includes providing and filing Proof of Subscribing Witness to be signed by those who witnessed the Will. If you cannot locate the witnesses then the court may ask for more information regarding the will and its creation. Talk to an attorney experienced in probate in your area.See question