When a case is dismissed, it means you have to start over. Generally, there is no time deadline to refile, but it is a good idea to file as soon...

For estate planning decisions to be valid for an elder adult what type of medical evaluation is required in California?

Many estate planning attorneys, including myself, will do a capacity assessment with the client if that is necessary (if they don't look healthy or...

Will validity

A typed will requires at least 2 witnesses. If you wrote it out by hand, no witnesses are required. However, beneficiaries may need to provide...

My father remarried about 43 years ago and over that time I have bought gifts for him , he passed away so are those items hers

Another thing to consider is how can you get these items back. If she does not voluntarily give you those gifts, your only alternative is filing a...

You should always go to an attorney who handles probate regularly. It is possible to sell one property to pay for the probate and attorney fees,...

If a husband signs a quit claim to property purchased by the wife before marriage, does he/she have any rights after her death?

If your mother died without a will, there is a big chance her husband has rights to the property. Even if it can be shown this property was your...

Two questions need to be asked before determining whether you can do anything. The first question I need to ask is whether your aunt is the mother...

What legal recourse's do I have?

You need to file a Petition for Probate to get your will recognized by the Court as the legitimate will. As soon as you are appointed the...

I would like to know if I can recover court costs, etc. due to incompetent attorney.

When your mother's lawyer told you that you "could" either nominate or object, he(she) was not really advising you on what the court would allow. ...

Does the Supreme Court of whatever County you die and have a copy of your will

First of all, who's will are you talking about when you say "our will". I'm assuming you mean your parent's will? It depends on whether the...