will receive said property?
Your question is not very clear.
If you inherited property your spouse's share of the community property , then it becomes your separate property (unless you inherited it under an irrevocable trust or some other way that restricts your rights to transfer it).
Unless there were some restrictions placed on the inheritance, you can leave it to whomever you please. And if it's your share of community property, you have the right to leave your share (50%) to whomever you please.
If this isn't the question you're asking, please provide clarification.See question
Did reverse mtg on moms house; paid her bills, dealt with social security, 24/7 home care, grocery & shopping runs, doctors, senior care, legal, reverse mtg loan process, funeral, setup & making home presentable for sale (got help from spouse & so...
California has a set fee for probate, but not for trust administration. If the trust does not set a fee, then you are entitled to "reasonable" fees for administering the trust.
Reasonable fees can vary - anywhere from $15 or $20 per hour to $150 per hour or even 1% of the value of the assets in the trust estate. What is reasonable depends on a number of very subjective factors, including your experience (so a professional trustee is probably entitled to more $/hr. than a family member because a professional presumably has more skills to bring to the table).
In most cases you can justify charging what you would earn per hour in your "regular" job. In some cases you can justify charging more.
I suggest you send a "Notice" of proposed compensation to the beneficiaries and give them 60 - 90 days to object. If you don't receive any objections within that time, then pay the proposed compensation to yourself (at least if they try to object later, you'll be able to make a good case to the Judge that you gave them the opportunity to object and that when they didn't object, you assumed the fee was reasonable).See question
Hello, I am a US Citizen permanently living in Europe with my son (minor). I would like to make an internationally binding will, which appoints a guardian and ensures that if I die all my assets go to him. Since my assets are in 3 different countr...
I agree with Ms. Azam.
Although a will made under the Hague convention may be "legal" in every country that has subscribed to the convention (there are only 14 countries that have subscribed to this particular convention, by the way), the laws of the country where the property is actually located will be enforced if they are contrary to the will ... for example, if you created a will that left everything you own to a charity but you owned real estate in France, French law would disregard your will to a certain extent ... France has so-called "forced heirship" laws that require you to leave a certain percentage of your estate to your children. So in France that percentage would be distributed to your children and the rest would be distributed to the charity.
If you have property in several different countries, you need to consult with a lawyer in each of those countries to make sure your assets can/will be distributed in accordance with your wishes.
There is an international organization called "STEP" (Society of Trust and Estate Practitioners) whose members are knowledgeable in international estate planning. There are members in almost every country of the world. Go to www.step.org and search for lawyers who can assist you (if you have property in the US, I am a STEP-USA member).See question
There is a business involved and the estate is quite substantial. Since Mom is incapacited I can't any information from her. I have no copy of the trust, but she has leased out the business for 18 years, so that I'll be dead when it is terminated...
If your siblings are preventing your mother from seeing you or if you have cause to believe they are mismanaging her financial affairs, you should contact Adult Protective Services in the county where your mother resides and tell them about your suspicions. Alternatively, you can retain your own attorney and attempt to obtain copies of the trust and other documents through the probate court (however, you might not have the right to see this information until after your mother's death - it depends on the terms of the trust document).See question
My father's new wife is now claiming that the trust is invalid because California is a community property state and is refusing to release the property named in the trust to the children. Am I in for a big fight?
If the trust was set up with your mother's own property or her share of the community property, then I do not understand how your stepmother can claim a community property share for herself.
As the other 2 attorneys have said, you really need to consult a lawyer who can review the trust and determine what your rights are. If it is necessary to file a petition with the probate court to compel your stepmother to turn the property over to you, the petition will need to be filed in the county where the trustee of the trust resides (it does not seem likely that your stepmother would be the trustee of a trust established by your deceased mother, so if you don't know who the current trustee is, you may have a problem figuring out where to file the petition - but an estate planning lawyer should be able to make that determination after reviewing the trust).See question
The executor is my sister.Ihave asked to see the will,she said no. MY mother olny passed a moth ago. How can she getaway without showing me a list of assets.
I'm sorry about your mother's death. If your mother had a will, California law requires that it be lodged with the probate court within 30 days after death. If your sister is not willing to start the probate, then you can file your own petition to probate the estate. Contact a probate lawyer in the county where your mother resided to find out more information.See question
A California resident has passed away. According to his country's laws, Heir A is the sole heir. Heir A resides in the home country. What is the best way for him to receive the assets of the deceased in California (mostly personal property , ba...
If the person resided in California law and did not have a will or a trust, then California's laws of "intestate succession" would apply. Assuming that "Heir A" would also be the deceased person's heir under California laws, Heir A can claim the deceased assets in one of two ways: if the assets are worth less than $150,000 then it might be possible to use a "small estate affidavit" to claim them. If they're worth more than $150,000 then it will be necessary to open a probate estate.
I have experience assisting residents of other countries (Italy, Croatia, the UK, France) in collecting assets in California. Please phone my office for an appointment (my office is in Palo Alto).See question
Fortunately, I have about a half dozen or so witnesses, non-related, that will coraborate the financial abuse and undue influence. My mother is 84 years old, on lots of medication, and easily persuaded by the wrong-doers suggestions. There is a wi...
I suggest you contact Adult Protective Services for San Diego County as soon as possible: http://www.sdcounty.ca.gov/hhsa/programs/ais/adult_protective_services/index.html
If your mother lives in a different county, then contact APS there. It is quite possible your mother's caregiver has committed financial abuse, but the time to determine that is now - not later.See question
My husband died intestate. He opened a line of credit (account is his name only), on our only home which we were joint tenants (I signed the LOC papers as a Trustor). The bank will not speak to me about this debt until I file a petition for Letter...
You need to speak with an estate planning attorney. If the home was in joint tenancy, then there is nothing to probate - you became the owner at the moment your husband passed away. You might want to file a "spousal property petition" to confirm that the house was actually community property (which might have some important tax consequences if you ever want to sell the house and pay less capital gains tax on the sale).
Usually a spousal property petition costs less than $3000 to do.
Assuming that you even could probate your husband's estate (as I mentioned above, there's really nothing to probate), the legal fees on 50% of the house (50% of $160k) would be approximately $5800.
If there really is nothing to probate, then the legal fees would be $0 because California law says the legal fees for a probate can only be paid out of the probate assets. Frankly, that's the larger problem that you face ... no attorney is going to agree to do the work involved in a probate knowing that the paycheck is zero.
I suggest you get the Nolo Press book on How to Probate an Estate in California. If you don't want to buy it, you can probably borrow it from your local library. The forms might be out of date, but you can find the updates through the Court.
Based on what you've described, this should be a simple enough situation that you can fill out the necessary papers and submit them to the Court yourself. The initial court filing fees will be $395; you'll need at least 1 certified copy of the letters of administration which will cost about $30 each; you'll need to publish a notice in a newspaper in Montebello (you can ask the court for a list of the newspapers you are required to use and choose the one that's least expensive) at a cost of $100 to $500 (depending on the newspaper); and you'll need to file a petition to close the probate (another $395).
Hope that helps.See question
Scenario: My friend's husband owned a property from previous marriage. Surviving spouse/husband recorded a Quit Claim Deed to himself as Trustee of a Trust. Husband re-married to my friend in 12/1996. My friend was never on the Trust or Title. Hus...
Mr. Bergman is 100% correct. Situations like the one your friend is in highlight the importance of estate planning in second marriages.See question