Questions answered by Charlene L. Usher

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My uncle recently passed, his wife won’t give access to the trust to my mom or aunt, is she allowed to do that ?

Charlene's answer | Answered on February 24, 2019

I’m sorry for the loss of your uncle & the stress this is causing your family. The Executor or Trustee is to serve copies within sixty (60) days of...

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My mother's probate hearing was issued a continuance. I was told to notify the heirs. What form do I use? Is it DE-120?

Charlene's answer | Answered on February 18, 2019

I will add that there a lot of nit picky details that make it worth it to have an experienced probate attorney help you. Otherwise you can spend...

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How would we find a last will and testament if the person is deceased ?

Charlene's answer | Answered on February 14, 2019

I’m sorry for the loss of your father in law. If you or your spouse has access to his papers, you might find the Will if he had one. If you think...

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Last will and testement

Charlene's answer | Answered on February 07, 2019

Sorry for the loss of your mom. Have you asked for a copy of the Trust? If you are not a beneficiary, you are not technically entitled to a copy....

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If your brother dies intestate and you have a durable power of attorney, can you sell his car and close his bank account?

Charlene's answer | Answered on February 05, 2019

Any named beneficiary can claim the asset they are named upon. She should contact the bank regarding that.

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How does my elderly uncle get a letter of administration for a small retirement account of his late wife?

Charlene's answer | Answered on January 28, 2019

He should be able to use the Small Estate Affidavit if in CA. Will need to have it notarized & provide a Certified Death Certificate at least 40...

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My mother passed away the beginning of this year she had no life insurance and in the process of her passing

Charlene's answer | Answered on January 16, 2019

They will need to make the check payable to her estate if the amount of her estate, including the check, is greater than $150,000 & her estate will...

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How probate will distribute assets ?

Charlene's answer | Answered on January 08, 2019

I agree with the above if ain’t lived in or had property in CA, and died without a spouse or registered domestic partner. In those cases, nieces...

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My mom had a trust with her second husband, mom is dead and I never got to see it. How can I get a copy

Charlene's answer | Answered on December 12, 2018

I’m sorry for your loss. You’re only entitled to a copy if you are a named beneficiary & the trustee has 60 days from date of death to get it to...

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DO I HAVE TO REGISTER IN COURT MY WILL AND TRUST ?

Charlene's answer | Answered on December 07, 2018

Not in California. Your Will is lodged after your death IF there is a need for Probate.

Charlene L. Usher's Answers (450)

My uncle recently passed, his wife won’t give access to the trust to my mom or aunt, is she allowed to do that ?

My mother's probate hearing was issued a continuance. I was told to notify the heirs. What form do I use? Is it DE-120?

How would we find a last will and testament if the person is deceased ?

Last will and testement

If your brother dies intestate and you have a durable power of attorney, can you sell his car and close his bank account?

How does my elderly uncle get a letter of administration for a small retirement account of his late wife?

My mother passed away the beginning of this year she had no life insurance and in the process of her passing

How probate will distribute assets ?

My mom had a trust with her second husband, mom is dead and I never got to see it. How can I get a copy

DO I HAVE TO REGISTER IN COURT MY WILL AND TRUST ?