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...

What document do I need to fill out giving my sister full care of my son should something happen to me?

A will nominating sister as guardian of the person and estate is the normal method. Talk to an estate planning attorney and consider a complete...

Probate auction sale of property

It sounds like you are looking at a property tax bill. That is almost the only place you will see the value of a house and a lot separated. The...

If a deceased has a Will and Trust is there any need to go through probate in California?

If the value of the property not in the trust (excluding vehicles and some other items) or with named beneficiaries has a gross value of less than...

Yes. It needs to be in a newspaper of general circulation for the place where the property is located. Unless the property being sold is not in the...