In California can an expected interest in property that is currently being probated be assigned?

Father needs an estate plan. The will or trust will give the property to other son. If he disclaims, the property goes as if father died before...

What options do I have for probate when the person did not have will?

The house will have to go through probate. Whether or not it will have to be sold or refinanced depends on your father's debts. During the...

When can a trustee expect to be paid in California once a court has approved final disbursement of an estate?

In Los Angeles, it takes at least 2 weeks from the date the order is submitted to the date the judge signs it. Then expect a week or so to prepare...

Does State of California honor my health power of attorney to my wife with witnesses certification alone?

It is the hospital and medical staff where you are taken that will make the decision whether or not to honor the Advance Health Care Directive. The...

How do I dispute a claim to a property in a state other then where I live?

Do you know which county the property is located in? You will probably have to do an Ancillary Probate in that county. Contact a probate attorney...

Would a probate court consider CA probate code 6454 (re: children never officially adopted) when choosing a personal rep?

The list of people who can be he personal rep includes friends and creditors. If no one else is willing to step up and do the job, the court will...

Can we put my father's primary residence in an irrevocable trust, rent it out and still apply/receive VA benefits?

You need an estate planning attorney who knows about VA benefits. Some VA benefits are means tested and some are not.

If the gross value of his assets was less than $150,000, you can use a small estate procedure. You have to wait 40 days after the date of death...

How do i find out if my deceased mother had other assets?

If there are other assets, if it is invested, your mother would get 1099s, statements, or tax bills that show what it is. If it is cash, precious...

There is an heir in probate who is a prison, he wants the house, does he have any rights?

To add to Ms. James answer. Your question implies that there are multiple heirs. If so, he would have to buy the house from the estate. To keep...