I received a check from my deceased mother’s IRA, can I have that set up as an inherited IRA?

First: An inherited IRA (which is an IRA that you receive as a beneficiary from someone other than your spouse (there are different rules for...

As a son and a daughter do we get any money from mom after she passed away ?

As Ms. James mentions, if your mother had any separate property (which she describes) AND she did not dispoe of her estate by Will or trust and if...

Brother is trustee of our moms trust, she died 1 month ago, trust states, all to be divided between me & brother, mom owned 4

You should take a copy of the trust (you are entitled to one) to an attorney who can explain to you exactly what your rights are. If you receive...

Can a Probate attorney bill the estates heirs for each parent that has passed away seven years apart.

In probate, the attorneys' fees must be approved by the Court. As the other attorneys have explained, each probate is separate. If your father's...

Ms. Liewen is incorrect when she says that in California all wills have to be probated. A formal probate is not necessary when property for...

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Can I use the trust document in place of the original will to prove I am the beneficiary?

First, wills are not notarized in California. Trusts are often notarized. Do you have a copy of the will? You should see an attorney with the...

What type of form would I need to let the probate court know that they forgot to give notice to 2 of the heirs in the Will?

I agree with the other attorneys. You need to speak with an attorney as soon as possible. Take a copy of the Will, the Petition for Probate (if...

What does " Need proof of personal service to Trustee" mean concerning a trust matter,original petition was for instructions,

Mr. Steingraber has answered your question about what personal service on the trustee means. The answer to your second question about what "need...

Still confused about the legal requirements of Durable POA in California.

If the power of attorney was notarized, then you do not need witnesses. California Probate Code Section 4121 [See 4121(c)] provides: A power...

My mom has 150,536 in assests and lives in Vacaville,CA. Do I have to hire a probate lawyer when she dies?

Are any of the assets titled so in joint tenancy or in pay on death accounts? In California, you can colelc ta decedent's assets by affidavit...