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My ex-husband died recently and my son is the only heir to the estate. I would like to help him file a motion to waive the probate referee. We brought this subject up before the judge who seemed amenable to the idea, however we need to put it into...
You have received some good advise here.
I would just add that motions or petitions to waive the probate referee's appraisal are rarely granted. Additionally, the probate referee assigned to the case (if any), as well as the probate referee designated for the probate referee's association are entitled to notice and a copy of the motion or petition. The probate referee may also oppose the motion.
If your son does wish to proceed with the motion, he should hire an attorney to assist him with this. However, he should also reconsider and have the probate referee appraise the estate property. I agree that it just seems easier to have the probate referee conduct the appraisal.See question
The irrevocable trust states that the surviving spouse can stay in the deceased's house for one year after death; however, ten years after the trust was created, the original trustee took out an HECM (reverse mortgage) and did not update the trust...
I agree with Attorney Shields.
I would just add that in 2013, a federal court ruled in Donovan vs. Sullivan that the HUD regulation which allowed a lender to demand that a surviving spouse immediately repay the loan upon the death of the spouse violated federal law. The regulation was changed as a result and now if the borrower-spouse took out the reverse mortgage after 8/4/14, then the surviving spouse can remain in the home if the conditions are met.See question
I was recently appointed executor of an estate and there are people currently living at the property. I need to evict them. Do I file an unlawful detainer complaint with a new court, the probate court? Or do I need to file a petition for unlawf...
As Attorney Shields and Attorney Benton advised, you will need to file an unlawful detainer in the court designed to handle these matters.
Presumably you as executor are filing this after the tenants (or squatters if not living there with permission/under a tenancy ) have been served with proper notice to vacate and have failed to do so. You may want to consider consulting with an attorney who handles such matters to assist you with this action.See question
Hi, So I've gotten two bits of legal advice that are some-what conflicting. One lawyer has told me that my lawyer should have filed an extension because my Letters run out on the 15th and we're not fully through probate. The only asset (a home) h...
In the San Diego County, Letters of Administration have an expiration date that has been stamped on the Letters by the court clerk. .
If there is still Probate administration that remains to be done, then the usual process is to request that Letters be extended to a future date. Usually, if there is a court hearing coming up, you/your attorney can make the request to the judge at that time. If there is no hearing pending, then the ordinary procedure would be to make the request by ex parte "drop" (ex parte without a court appearance) since it is a routine matter.
If the Letters are already expired by the time a request is made, you would ask the court to reissue the Letters.See question
I've raised my soon to be 6 yr old nephew since birth. His mother, my sister, is unfit and rarely participates in his life. She comes and goes when she pleases while everyone else raises her son who is also Autistic. My mother and I, my girlfriend...
You would file a petition for Guardianship. Considering the circumstances, you may want to do so soon. You can also file a petition for Temporary Guardianship so you can continue to care for your nephew until the general Petition for Guardianship is decided.
If the child's mother objects to the petition/petitions, the process becomes a bit more involved. You would have the burden of proving that it would be detrimental to your nephew to remove him from his current home to live with his mother. However from what you described, it does sound like that would be the case.
I would recommend that you consult with a Probate attorney with experience in handling guardianships. Many attorneys offer free consultations. The attorney can advise you as to the best course of action.See question
filling out cert of trust
You should indicate title to trust assets should be taken as follows: ABC [name of the trustee], Trustee for the XYZ Trust [name of the trust].See question
My father set up a irrevocable trust at the urging of his brother but now regrets doing so. He never funded the irrevocable trust so the two properties he has owned for years are still in the name of his old trust. If he sets up a new trust, can h...
What can and cannot be done with an irrevocable trust can get confusing. Although they can be a useful estate planning tool, this type of trust is not appropriate for most estate planning needs.
It may be possible for your father to establish a new trust for the properties that were not titled into the irrevocable trust. However, this could require a court order to modify or revoke the irrevocable trust in order for the new trust to be effective as to your father's estate planning goals.
I agree with the other attorneys' advise here. This is not a do-it-yourself project. Your father should consult with an estate planning attorney in order to determine the best course of action.See question
I currently live in Florida and my sister has been on and off in the street on drugs living with friends by choice. I have actively been part of her life when I come to visit and so has family When she has been sober. When she got pregnant we help...
I'm sorry to hear about your family's situation.
When you say that the friend has legal guardianship, I am assuming that the friend was given custody of your nephew in a Probate guardianship proceeding. If so, you and your family members should have been given notice of the proceedings.
It may be able to still contest the current guardianship, as well as petition for guardianship yourself. It is also possible that you can petition the court for visitation as well, so that you could visit with your nephew when you are in the county where the child resides.
I would advise you to consult with a Probate attorney who has experience with guardianships. The attorney can advise you as to the best course of action.See question
My father in law has a revocable living trust and my husband will become the trustee upon his fathers death. HIs father was diagnosed with dementia a few years ago and is currently living in an assisted living facility. My husbands stepmother is r...
You have been provided with excellent advise by the other attorneys here. The terms of the trust control when your husband as successor trustee would be entitled to a copy of the trust. The fact that your father-in-law has been diagnosed with dementia and is living in assisted living do not in themselves necessarily mean that he no longer has testamentary capacity (the ability to change his trust). However, it could mean that he is no longer able to act as trustee.
I would suggest that your husband consult with an estate planning attorney. The attorney can contact the father's attorney on your husband's behalf. The attorney can also advise your husband as to the best course of action.See question
My parents are both deceased they owe a loan.My sister is the executer of the house and hasnt done probate to sell the house.I dont want it forcloused on.
If your sister has failed to Petition for Probate, then you can. Probate fees for attorney and executor/administrator are paid from the estate at the end of Probate. You do not need to pay these fees yourself. If you are appointed as the administrator, then you, as well as the attorney, are entitled to fees by statute.
It sounds as though the house has a mortgage that will become delinquent if the house is not sold. Is that correct? If so, that's all the more reason to start the Probate process. Most lenders will wait a reasonable length of time for the home to be sold if Probate has begun and there is an estate administrator appointed.
If your parents' home is "underwater" or close to foreclosure, it is possible to do a short sale through probate and have any debts and fees paid, as well.
In any case, it is best for you to consult with a Probate attorney soon. The attorney can assist you with accomplishing what needs to be done. In addition to the fact that the estate, not you, pays the attorney's fees, many attorneys offer a free initial consultation, as well.See question