My father's original will cannot be found. I have a photo copy. Can I use the photo copy.

There's a presumption that if the original will can't be found, it has been revoked. However, you can overcome the presumption by presenting...

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Problem with small estate affidavit California

No harm, no foul here. The bank employee was wrong, but the only person who could object in this case is your sister, assuming she is the only...

My mother past away a year ago. She had a living trust and named my brother as trustee with both of us beneficiaries.

All too familiar. Unless the trust allows what he's doing, he needs to treat all beneficiaries equally and fairly, and the value of what he...

You may want to get a lawyer to finish the process. Regardless, if the final petition (to close the probate) isn't filed within a year of starting...

How to handle the sale of real estate with limited authority in California?

I'd have to agree with the others--even attorneys stumble through the probate sale process if they're not familiar with it. And it helps to use a...

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Can my step mother change the person managing my dads estate to a bank without our okay?

It depends on the trust instrument and what it allows your stepmother to do--some allow her to change trustees, and others don't. Even if it does,...

Do I need to go through probate before taking former tenants to small claims for delinquint rent on grandma's home?

You would need probate, though it sounds like the house has little or no equity, so you'd have to weigh the cost of probate and suing the former...

He does need to be notified of the administration. If she's concerned about him contesting, it would be wise to consult an attorney who can take...

It depends on the judge, but in my experience, civil judges tend to prefer cases with probate issues to be decided entirely in probate court and...

If the will is probated (which is likely if the assets are over $100,000 in value), he has four months from the time probate is opened to contest. ...