Probate Notes

As the others have mentioned, you should ask your attorney. That said, it sounds like the hearing is for fees, settlement and final distribution,...

One branch (#1) in one state declines to take a trust as a corporate trustee

The other state's office of the trust company can still accept it, if they choose to do so, and if the trust's terms allow it. Many trusts allow...

My Father died in CA last month leaving no will but his probatable assets are less than $100K. Do I need to go thru the courts?

I agree with the previous answers, but would add that because the affidavit procedure results in payment to all the heirs equally, you should get...

Should we generate an addendum to our will?

If your estate is over $100,000 in value, the accounts will be untouchable until probate is opened, which usually takes about 45-60 days from...

Is this or is this not a "conflict of interest?"

I don't think the court would see it as a conflict of interest (though that's just my opinion and not legal fact), but if your concern is that the...

Name change (removal) from a property title

As the previous answers mentioned, you should review what you're wanting to accomplish with an attorney so that you get the result you...

Is this a conflict of interest regarding....

The attorney's duty of confidentiality to your mother prevents the attorney from giving the documents to you. However, you can still challenge the...

I prefer not to, as it makes all your estate planning available to the public, and may cause problems later if you amend or revoke the trust but...

Is an estate planning attorney required to keep an original copy / photo copy of the trust he/she created?

They're not required to do so, but they usually do because the documents may get lost or destroyed in the several years that may go by before...

My mother passed how do I get her money out of the bank

It depends on the terms of the trust--the named successor trustee can show a certificate of trust and affidavit of successor trustee to prove he or...