What is the share of a person died intestate with prior mirage kids?

It depends on whether the real property was "separate property" or "community property". Do you have a copy of the deed? You should see an attorney...

My sister and I disagree how to dispose of our father's remains. How is this going to get resolved?

According to section 7100 of the Health and Safety Code, if there was no power of attorney or surviving spouse, you and your sister have "[t]he...

Selected as the best answer

Is opening a probate worth it where the credit card debt is high?

See section 11420 of the Probate Code for information about creditor priority. Some credit card companies will forgo getting involved with making...

Appeal Medi-Cal estate recovery claim?

This area of the law is somewhat specialized, so as Mr. Smith recommended, seek consultation with an elder law attorney who focuses his/her...

My mother died with a will. However, the will only disposes of a small part of her assets. How will the rest be distributed?

Read the will closely and look for a residuary clause or any reference to the residue of the estate. There may be a residuary share coming to you...

Do I need a real estate lawyer?

It sounds as though you need an estate planning attorney to review the relevant instruments passing title (wills and trusts) and to clear title...

What are the advantages and disadvantages of owning a home in a trust vs community of property for married couple?

If you hold title as trustees of your trust, you can still hold title as community property. If you want limited liability, you should look at...

I believe you will need to file self-made or attorney-made pleadings since there are no California court forms for what you are trying to...

I'm a resident of WA but own real estate in CA. What's the easiest way to leave the property to CA tenants when I die?

I would counsel against using a joint tenancy. Granting the deed will constitute a gift and there will be a carryover basis. If you transfer...

Could someone please describe what a class gift of the residuary is in detail...Thank you

The residue is what's leftover after all specific bequests and creditors, etc. are paid off. The residue is then divided among whomever is in the...