What are the parameters and time constraints for appealing a conservatorship case?

1. You can file a petition to remove and replace the current conservator. 2. What would you gain by an appeal? You may have grounds (you need to...

If the court checks the file, it will pick up the hearing on the final accounting and take the OSC off calendar. Check the court's web site. If...

Selected as the best answer

In a court confirmed conservatorship probate sale does Notice of Sale going for court confirmation need to be published 3 times?

Usually you get an offer on the property, then get the hearing date and publish notice. The offer being accepted SUBJECT TO court confirmation. If...

My brother died intestate in CA. What is the division of assets to adult daughter and siblings in CA. Parents never married.

From Estate of Carter (2003) 111 cal App 4th 1139 Under California law, a child born out of wedlock is the decedent's heir even if there has been...

At what stage, of conservatorshipProceedings, would theCourt order a mental evaluation to determine incapacity of FA.?

File as soon as you can. The court can order a HAPS evaluation. HOWEVER, UCI has become very slow in getting these done and filed. Your attorney...

In probate, Can I transfer real estate that was partially paid for with community assets and was held by both of us to me alone?

You already have the probate open. The easy way is to have the order distribute the home to you. Then record the order or an...

If I buy a house cash using 401K funds, do I still have to claim the cost as additional income? Does one also pay sales tax?

1. As the other attorneys have said, withdrawal from the 401K will trigger INCOME taxes. May be able to get around it if you take a loan secured by...

My father is incapable of protecting himself from undue influence and physicical/emot- abuse. Does that make him incapacitated?

You should talk to a conservatorship attorney about a conservatorship. You will need a Capacity Declaration from your father's physician. The...

Questions About Spousal Property Order

If everything is community property, a spousal property petition should be sufficient. Without a will, the problem is often documenting what is...

What are the laws if any regarding first born inheritance if there is no will outlining

You need to look at the title to the house and other information. If community property, mom gets it. It may be community property even if only in...