Questions answered by Brian J. Sheppard

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Does a mediated settlement bar future actions?

Brian's answer | Answered on September 16, 2015

Whether a mediated settlement prevents future actions depends on how well the settlement is drafted. I suggest you have an attorney draft any...

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My sister named me beneficiary in her will. She knew I would split it with our brother. Will there be $ I am liable for he's not

Brian's answer | Answered on September 16, 2015

Did your sister leave you the property because your brother is disabled? While I am not exactly sure of your question I suggest you contact an...

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How can I get appointed as personal representative for my son's estate in which I plan on using the small estate procedure?

Brian's answer | Answered on September 16, 2015

If there are no adult children you can obtain the funds with a Probate Code 13100 affidavit. If the funds are in the bank the bank may be able to...

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Do I need a probate attorney

Brian's answer | Answered on September 16, 2015

I don't think the amount justifies the costs of a legal proceeding. If the "incapacitated" parents are only physically incapacitated, they can...

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Do I need a probate attorney to address the negligence of the executor of a will?

Brian's answer | Answered on September 16, 2015

You don't say if the property was probated or is in the probate process. If the property is being probated sometimes it gets lost like a "dead...

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Is there a statute of limitation on probate?

Brian's answer | Answered on September 16, 2015

I find it hard to understand how the funds could be "just sitting there" for 15 years without the bank turning the money over to the State. You...

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IN 2013 MAY , MY GRANDMOTHER GIFTED HER HOME TO HER TWO DAUGHTERS , IN DECEMBER 2013 SHE PASSED.

Brian's answer | Answered on September 09, 2015

Without commenting specifically on the chances for success, you should consult a probate attorney who is aware of the changes made by the New Undue...

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When an estate lawyer is hired and paid to set up a trust, isn't it his responsibility to do his part correctly?

Brian's answer | Answered on July 19, 2015

I am a California attorney and can only advise about California. In California it is certainly the attorney's responsibility to do the work...

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The executor of a will changed it without permission, what could happen to her?

Brian's answer | Answered on May 28, 2015

The executor does not have authority to change a Will. This should be brought to the attention of the Court if the Will is probated or used to...

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Professional fiduciary as administrator of estate- waste of money?

Brian's answer | Answered on January 29, 2015

You mention "other heirs", but if you are the first spouse you are most likely the only heir. If you are a second spouse, conflicts are not...

Brian J. Sheppard's Answers (68)

Does a mediated settlement bar future actions?

My sister named me beneficiary in her will. She knew I would split it with our brother. Will there be $ I am liable for he's not

How can I get appointed as personal representative for my son's estate in which I plan on using the small estate procedure?

Do I need a probate attorney

Do I need a probate attorney to address the negligence of the executor of a will?

Is there a statute of limitation on probate?

IN 2013 MAY , MY GRANDMOTHER GIFTED HER HOME TO HER TWO DAUGHTERS , IN DECEMBER 2013 SHE PASSED.

When an estate lawyer is hired and paid to set up a trust, isn't it his responsibility to do his part correctly?

The executor of a will changed it without permission, what could happen to her?

Professional fiduciary as administrator of estate- waste of money?