Does a home owned in Ca automatically transfer to the surviving spouse at death or does it have to go through probate?

Depending upon whether the asset (even though held in his name alone) is community property, or separate property, and depending upon who has the...

Can one coexecutor of an estate in probate rent a property without permission from the other coexecutor?

Section 9630 of the California Probate Code provides that if ther are two personal representatives, both must concur to exercise a power. So one...

What are the responsibilities of distribution of things?

There are actually a multitude of potential issues involved all of which can't possibly be addressed without a consultation. For instance, it is...

How can I stop a probate?

I read Mr. Fromm's answer, and I'm afraid I can't agree with him. When someone is appointed as the executor of a will, they have no obligation to...

My mother died in California in April of 2009. She had credit card debt of $50,000+ when she died.

I read Bradley's response to your question, and would agree with him. I'd also like to encourage that the trustee seek legal counsel to determine...

How long can you Claim Money on a Living Trust of which 20% is owing to you!! The Trust is worth Millions???

The first things your friend needs to do is to determine some facts. To do this, he/she should make a request for a copy of the trust and an...

My mother passed away last month and she left about $14,000 to each of her seven children. Is this money taxable?

The money coming out of the CD will not be taxable, although any interest paid on it will be. As the the IRA, you have the ability of treating it...

Is it always necessary to go through probate if a will was left?

Legal title to the property is in your mother's name. Her name must be removed from legal title before it can be sold and clear legal title...

Do I need an estate planning attorney?

There certainly is nothing legally which would prevent you from preparing your own estate plan (wills, trusts, health care powers of attorney,...

The answers will probably depend upon the type of vehicle via which your mother acquired her "life estate". If she was granted the right to live...